Cavendish Square Holding BV v Talal El Makdessi [2013] EWCA Civ 1539 and [2015] EWCA Civ 402

The Supreme Court handed down judgment in the cases of Cavendish Square Holding BV v Makdessi and ParkingEye Limited v Beavis, in which Joanna Smith QC and James McCreath acted for the successful appellant, Cavendish.

For the first time in a century, the highest Court has considered the extent and rationale of the doctrine of penalties, and has re-cast the test for discerning whether or not a clause is penal.

The judgment can be downloaded here: https://www.supremecourt.uk/cases/uksc-2013-0280.html (Crown Copyright)