Co-op Insurance Society v Argyll Stores [1998]

Validity of expansive approach to specific performance
thrown into doubt
By defendants took 35-year lease on store in shopping
centre
Covenant in lease that it must be supermarket open
during normal hours.
16 years later defendants said they were going to
close supermarket.
Claimants sought specific performance of covenant.
House of Lords refused.
Distinction drawn between cases in which specific
performance would require party to achieve a result, eg building house, and
those where it would require party to carry on an activity, eg run a business.
Liberal approach to specific performance only applied
to first type of situation, as in second type of situation might be need for constant
supervision by court.