Article published on the new rule on penalties under English law

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… Read more

Supreme Court rewrites English law rule on penalties

In a judgment handed down this morning, the Supreme Court has in effect re-written the rule on penalties, saying that the underlying rationale of the rule in English law has been misunderstood and that as a result the rule has… Read more

Court of Appeal decision on mitigation of loss

The Court of Appeal has held that an innocent party did not fail to take reasonable steps to mitigate its loss by not permitting the party that was in breach of contract to modify the faulty product it had supplied: Manton Hire &… Read more