Back to Events listing

Commercial disputes

The future of the doctrine of penalties

Thursday 5 November 2015
6.30pm – 7.30pm (Registration from 6.00pm)
The Law Society, 113 Chancery Lane, London WC2A 1PL
1.0 CPD

On Wednesday 4th November the Supreme Court handed down judgment in the cases of Cavendish Square Holding BV v Makdessi and ParkingEye Limited v Beavis, giving a definitive ruling (for the first time in a century) on the scope and continued existence of the doctrine of penalties in both commercial and consumer contracts, and has re-cast and developed the test for a penalty in a fashion which will be significant to practitioners across a range of areas.

On Thursday 5th November, Joanna Smith QC and James McCreath, who appeared for the successful appellant Cavendish, will be giving a concise and practical exposition of the implications of what is now the leading and definitive authority in this area, an area which the Supreme Court considered has been misunderstood by Courts and practitioners alike.

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Articles

    Foreign judgments and issue estoppel: orthodoxy reasserted

    In the latest edition of our commercial litigation insights series, Andreas Giannakopoulos examines the Court of Appeal's recent decision in Aviator LLC v Spribe OÜ [2026] EWCA Civ 1224, considering whether the preclusive effect of a foreign judgment on a claim made in subsequent English proceedings is governed by English law or the law applicable to the underlying claim.

    By Andreas Giannakopoulos
    Wednesday 28 October 2026

    View more
  2. Placeholder

    News

    Clare Stanley KC featured in Chambers & Partners Stars at the Bar 2027

    Clare Stanley KC has been named as one of Chambers’ Stars at the Bar, an accolade given to just 16 top barristers who are recognised for their excellence across a range of practice areas. Clare is ranked by Chambers &... Read more

    Tuesday 27 October 2026

    View more
  3. Placeholder

    Articles

    A fiduciary’s duty to disclose: a shield, not a sword?

    In this article in our commercial litigation insights series, Alice Hawker examines the Court of Appeal's recent decision in G.I. Globinvestment Ltd v XY ERS UK Limited [2026] EWCA Civ 1248, considering whether a fiduciary's duty to disclose is a shield (against claims alleging breach of the ’no conflict’ or ’no profit’ rules) or a sword (to be used as a freestanding claim).

    By Alice Hawker
    Monday 19 October 2026

    View more
  4. Placeholder

    Articles

    Nelson, what does your right eye see? When does wilful ignorance amount to dishonesty

    In this article in our commercial litigation insights series, Ernest Leung analyses the Court of Appeal’s recent decision in Grosvenor Property Developers Limited v Portner Law Limited [2026] EWCA Civ 1238, which provides important guidance on the test for dishonesty in civil fraud claims and the circumstances in which "Nelsonian" or blind-eye knowledge can be imputed to a party.

    By Ernest Leung
    Tuesday 13 October 2026

    View more

View all thought leadership