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    Contractual Terms Limiting or Excluding Recoverable Damages Do Not Preclude Applicants for Interim Injunctive Relief from Arguing that Damages are Not an Adequate Remedy

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    Ellen Hughes-Jones, intellectual property attorney in the Firm's London office, wrote an article about how the Court of Appeal has recently had an opportunity to consider and address the proper approach to the grant of an interim injunction, in particular in relation to a claim for an alleged breach of contract where the contract contained a provision which sought to limit the recoverable damages to a level below what might otherwise have been awarded as a matter of general law in Construction Law International. In the article, "Contractual Terms Limiting or Excluding Recoverable Damages Do Not Preclude Applicants for Interim Injunctive Relief from Arguing that Damages are Not an Adequate Remedy," the authors discussed how the issue, essentially, was whether a party could obtain injunctive relief restraining a potential breach of contract where the contract specifically excluded or limited the amount of recoverable damages for that breach.

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