Too entrenched to be challenged? A commentary on the rule against contractual penalties post Cavendish v Makdessi and ParkingEye v Beavis

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NICHOLSON, Alex (2016). Too entrenched to be challenged? A commentary on the rule against contractual penalties post Cavendish v Makdessi and ParkingEye v Beavis. European Journal of Current Legal Issues, 22 (3). [Article]

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Abstract

In the recent conjoined appeals of Cavendish v Makdessi and ParkingEye v Beavis, the Supreme Court declined to abolish English law's highly controversial rule against contractual penalties, choosing instead merely to reformulate the test. This commentary examines the new test and asks whether the rule's critics should now accept defeat.

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Official URL:

http://webjcli.org/article/view/498/670

Research Institute, Centre or Group - Does NOT include content added after October 2018:

Law Research Group

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ORCID:

https://orcid.org/0000-0002-2049-033X