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12 July 2007 / Sara Partington
Issue: 7281 / Categories: Features
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Unenforceable penalties

Hiring companies should recognise the benefit of early recovery of a chattel if the hirer defaults, says Sara Partington

The recent case of Volkswagen Financial Services (UK) Ltd v Ramage (unreported, Cambridge County Court, 9 May 2007) focuses attention on the effectiveness of the payment clauses in circumstances where the hirer defaults or repudiates the contract.

THE FACTS

George Ramage hired a car from VW for a fixed period of 36 months under a hire agreement, agreeing to pay a set amount per month but also agreeing that, upon any repudiation, he would be liable to pay the total amount of rentals payable during the total hiring period, less the amount of rentals paid or due, less a rebate on the rentals not yet due. The relevant part of cl 8.2 provided that the hirer had to pay:

“...as compensation or agreed damages on acceptance of [the hirer’s] repudiation, or a debt on our termination, the total amount of rentals payable during the Hiring Period…less the amount of rentals paid or which have become due.”

When

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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