End-of-chapter questions: Answer Guidance 29.1

Remedies beyond compensatory damages

As regards the laying of a new pitch, this does cause loss to Fleetway plc, since it can only sell the stadium for £20,000 less. Is this the only measure of damages? Would it be possible to obtain a ‘cost of cure’ measure here (cf Ruxley Electronics and Construction Ltd v Forsyth [1995] 3 All ER 268; see Chapter 26)? Or are compensatory damages somehow ‘inadequate’ here, with the result that gain-based relief should be available? A full account of the £100,000 saved seems unlikely (cf Attorney-General v Blake [2001] 1 AC 268) but is it arguable that a hypothetical bargain measure of damages would be appropriate here (cf Experience Hendrix LLC v PPX Enterprises [2003] EWCA Civ 323, [2003] 1 All ER (Comm) 830)? An order of specific performance is unlikely to be granted since money is adequate, but equitable relief in the form of a prohibitory injunction may be available to prevent Blackford RFC from selling any stories.