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Interesting Read on damages and commercial justification


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http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/1539.html&query=El+and+Makdessi+and+v+and+Cavendish+and+Square+and+Holdings+and+BV&method=Boolean

 

 

search google for Court of Appeal ruling:

El Makdessi v Cavendish Square Holdings BV

 

 

the judgement which is quite recent, analysis penalty clauses and commercial justification which I think goes a long way to show that commercial justification as regards parking charge notices, which are penal by their very nature, cannot apply to these penalty charges in my opinion. Also commercial justification can only be taken into account where the terms of the contract have been freely negotiated between parties of equal bargaining power.

 

 

also an appraisal of the judgement:

http://www.allenovery.com/publications/en-gb/Pages/Court-of-appeal-rules-on-penalty-clauses.aspx

 

 

But suppose it will all be decided in the upcoming Beavis appeal.

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