header-logo header-logo

06 December 2013
Issue: 7587 / Categories: Case law , Law digest , In Court
printer mail-detail

Contract

Cavendish Square Holdings BV and another company v Makdessi [2013] EWCA Civ 1539, [2013] All ER (D) 290 (Nov)

Authority established that, in a case where there was a range of possible loss attributable to the breach or breaches upon which a liquidated sum became payable under a contractual clause, the following guidelines were relevant for determining whether the clause was a genuine pre-estimate: (i) a sum would be penal if it was extravagant in amount in comparison with the maximum conceivable loss for the breach; (ii) a sum payable on the happening or non-happening of a particular event was not to be presumed to be penal simply because the fact that the event did or did not occur was the result of several breaches of varying severity; (iii) a sum payable in respect of different breaches of the same stipulation was not to be presumed to be penal because the effect of the breach might vary; (iv) the same applied in respect of breaches of different stipulations if the damage likely to arise from those breaches was

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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll