Penalty Clauses – New Square Chambers

Posted December 9th, 2015 in contracts, news, penalties by sally

‘On 4 November 2015 the Supreme Court handed down a judgment in relation to penalty clauses in a contract – Cavendish Square Holding BV v Makdessi [2015] UKSC 67, a judgment of 124 pages before a panel of seven Justices. This was the first time that this Court or the House of Lords had considered such an issue for a century. Some commentators describe this judgment as, in effect, a complete re-writing of the relevant law. Others may call it merely a change, albeit an important change, of emphasis.’

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New Square Chambers, 1st December 2015