The philosphy of penalties
Pemble, Stuart
The philosphy of penalties - 2016 - Estates Gazette (1604) 30 January 2016, 100-102(3) .
Examines the Supreme Court decision on penalty clauses, Cavendish Square Holding BV v El Makdessi; Parkingeye Ltd v Beavis [2015]. Argues that the ruling has arguably made it even more difficult for a litigant to argue successfully that a contractual clause is a penalty. Further argues that commercial parties taking independent advice should have confidence that the courts will be unlikely to interfere with their contracts.
Cavendish Square Holding BV v El Makdessi
Parkingeye Ltd v Beavis
United Kingdom
The philosphy of penalties - 2016 - Estates Gazette (1604) 30 January 2016, 100-102(3) .
Examines the Supreme Court decision on penalty clauses, Cavendish Square Holding BV v El Makdessi; Parkingeye Ltd v Beavis [2015]. Argues that the ruling has arguably made it even more difficult for a litigant to argue successfully that a contractual clause is a penalty. Further argues that commercial parties taking independent advice should have confidence that the courts will be unlikely to interfere with their contracts.
Cavendish Square Holding BV v El Makdessi
Parkingeye Ltd v Beavis
United Kingdom