The joint appeals in Cavendish Square Holdings v El Makdessi and Beavis v ParkingEye 1 offered the UK Supreme Court its first opportunity – since moving across Parliament Square – to consider the penalty doctrine. The exercise of judicial control over contractually stipulated remedies has long been controversial and the joint appeals presented an opportunity either to modernise the doctrine's principles or to repudiate it entirely from English law
This article explores the changes in the law of penalties, which was until recently considered to be...
Why did Antonio agree to give Shylock a pound of his flesh in the Merchant of Venice? Why was Shyloc...
This is an analysis of the UK Supreme Court case Morris-Garner v One Step (Support) Limited, concern...
This paper focuses on the common law doctrine of the penalty rule and the recent Supreme Court decis...
This case note, co-authored with one of my Honours students, draws attention to a significant Englis...
Recent case law has brought the common law contractual penalty doctrine under scrutiny and has creat...
The article examines several unresolved issues in the law on penalties, following the UK Supreme Cou...
Whether a contractual term is penal and therefore unenforceable has usually been determined by disti...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
This article considers the current state of the law with respect to penalties in contracts in the li...
This article considers the extent to which an Australian court might be willing to declare a contrac...
A contractual clause may provide that a party to the contract, on failing to perform an obligation u...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
It has always been a common drafting technique in English and Australian law for contracts to contai...
This article explores the changes in the law of penalties, which was until recently considered to be...
Why did Antonio agree to give Shylock a pound of his flesh in the Merchant of Venice? Why was Shyloc...
This is an analysis of the UK Supreme Court case Morris-Garner v One Step (Support) Limited, concern...
This paper focuses on the common law doctrine of the penalty rule and the recent Supreme Court decis...
This case note, co-authored with one of my Honours students, draws attention to a significant Englis...
Recent case law has brought the common law contractual penalty doctrine under scrutiny and has creat...
The article examines several unresolved issues in the law on penalties, following the UK Supreme Cou...
Whether a contractual term is penal and therefore unenforceable has usually been determined by disti...
An ‘agreed damages clause’ is a contractual provision whereby the parties agree on the damages one p...
This article considers the current state of the law with respect to penalties in contracts in the li...
This article considers the extent to which an Australian court might be willing to declare a contrac...
A contractual clause may provide that a party to the contract, on failing to perform an obligation u...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
Focusing on two recent decisions handed down by the highest authority in the United Kingdom and Aust...
It has always been a common drafting technique in English and Australian law for contracts to contai...
This article explores the changes in the law of penalties, which was until recently considered to be...
Why did Antonio agree to give Shylock a pound of his flesh in the Merchant of Venice? Why was Shyloc...
This is an analysis of the UK Supreme Court case Morris-Garner v One Step (Support) Limited, concern...