header-logo header-logo

04 December 2015 / Thomas Samuels
Issue: 7679 / Categories: Features , Commercial
printer mail-detail

Consumer confusion

web_samuels_0

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll