52 Specific performance.U.K.
(1)In any action for breach of contract to deliver specific or ascertained goods the court may, if it thinks fit, on the plaintiff’s application, by its judgment or decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages.
(2)The plaintiff’s application may be made at any time before judgment or decree.
(3)The judgment or decree may be unconditional, or on such terms and conditions as to damages, payment of the price and otherwise as seem just to the court.
(4)The provisions of this section shall be deemed to be supplementary to, and not in derogation of, the right of specific implement in Scotland.
[F1(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).]
Textual Amendments
F1S. 52(5) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 29; S.I. 2015/1630, art. 3(g) (with art. 6(1))