Much interest has been generated by the Supreme Court's decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Limited v Beavis [2015] UKSC 67, which introduced a new test for when a contractual provision will be considered penal and therefore unenforceable.
David Nitek and Maura McIntosh have published an article which considers the new test and its implications for commercial parties: "The rule on penalties: a new more flexible test". Click here to download a PDF of the article, which first appeared in the December 2015 issue of PLC Magazine: http://uk.practicallaw.com/resources/uk-publications/plc-magazine.
Key contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.