Much interest has been generated by the Supreme Court's decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Limited v Beavis [2015] UKSC 67, which introduced a new test for when a contractual provision will be considered penal and therefore unenforceable.
David Nitek and Maura McIntosh have published an article which considers the new test and its implications for commercial parties: "The rule on penalties: a new more flexible test". Click here to download a PDF of the article, which first appeared in the December 2015 issue of PLC Magazine: http://uk.practicallaw.com/resources/uk-publications/plc-magazine.
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