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04 December 2015 / Thomas Samuels
Issue: 7679 / Categories: Features , Commercial
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Consumer confusion

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Have consumers really lost on penalties, asks Thomas Samuels

On 4 November, the Supreme Court handed down in its decision in the conjoined appeals of Cavendish Square Holdings BV v El Makdessi and Beavis v ParkingEye Ltd [2015] UKSC 67, [2015] All ER (D) 47 (Nov). For the first time in a century the UK’s highest court re-examined from first principles the common law rule against penalties and, in the case of Beavis, the proper approach to the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) (now replaced by Pt 2 of the Consumer Rights Act 2015 (CRA 2015)).

Facing facts

Factually-speaking, the appeals in Cavendish and Beavis could not have been more different. The former related to a multi-million dollar default provision and the latter an £85 parking charge. However, the issue in both was the same: were the relevant clauses unenforceable penalties? The court answered the question, in both cases, in the negative. The mere fact that the clauses imposed consequences which went beyond a genuine pre-estimate of the innocent party’s loss

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Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

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Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

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NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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