The Supreme CourtFriday 6 November 2015
Cavendish Square Holding BV v Talal El Makdessi  EWCA Civ 1539 and  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)
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