Search Results for: Application of the new penalty rule in practice

REUTERS |

In this blog post, I look at the likely practical impact for those negotiating corporate, construction and commercial contracts of the recent Supreme Court decision on the law relating to contractual penalty clauses. In the combined appeal of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis, it is the Makdessi … Continue reading Cavendish Square v El Makdessi and ParkingEye v Beavis: application of the new penalty rule in practice

REUTERS | Maxim Shemetov

In this blog post, we consider the impact of the recent Supreme Court decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis (Beavis). The Supreme Court welcomed the opportunity to consider the “penalty rule” in two cases at the opposite end of the financial spectrum. As well as further clarifying … Continue reading Cavendish Square v El Makdessi and ParkingEye v Beavis: a reinterpretation of consumer protection law

REUTERS |

In the September 2019 blog, we featured alternative dispute resolution (ADR), placing emphasis on the advance of guidance at High Court level and above, that parties to litigation, who ignore invitations to engage in ADR, do so at their peril as to the costs of the action, even if they win (see the blog and … Continue reading Alternative dispute resolution versus having your day in court: another round to ADR (Part 2)

REUTERS | Ilya Naymushin

Below I report the decision of the Court of Appeal in Flynn Pharma Ltd and Flynn Pharma Holdings Ltd v Competition and Markets Authority, concerning the circumstances in which a regulator who brings regulatory proceedings and loses should pay the successful party’s costs. This raises the wider question of whether regulators should enjoy virtual immunity from … Continue reading Who regulates the regulators?