Liquidated Damages in UK Law

  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 Noviembre 2015
    ... ... defeasible bonds to secure the performance obligations sounding in damages. This enabled the holder of the bond to bring his action in debt, which ... was answered almost entirely by reference to straightforward liquidated damages clauses. It was in that context that the House of Lords sought to ... ...
  • White and Carter (Councils) Ltd v McGregor
    • House of Lords
    • 06 Diciembre 1961
    ... ... that in the circumstances the Appellants' only remedy was damages, and that, as they do not sue for damages, this action was rightly ... question was debated whether this clause provides a penalty or liquidated damages but on the view which I take of the case it need not be pursued ... ...
  • Trollope & Colls Ltd v North West Metropolitan Regional Hospital Board
    • House of Lords
    • 10 Abril 1973
    ... ... Clause 22 provided for liquidated damages to be payable if the contractor failed to complete the works by ... ...
  • Royal Brompton Hospital NHS Trust v Hammond (No. 3)
    • House of Lords
    • 25 Abril 2002
    ... ... "harm", provided it is borne in mind that "damage" does not mean "damages" (as pointed out by Roch LJ in Birse Construction Ltd v Haiste Ltd ... be the increased cost it incurred, the sums it overpaid and the liquidated damages to which it was entitled. Its claim against the Architect, based ... ...
  • Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
    • House of Lords
    • 31 Marzo 1966
    ... ... to giving credit for the demurrage payments received by them) any damages suffered by them by reason of the Respondents having failed to load and ... " and that a demurrage clause is merely a clause providing for liquidated damages for a certain type of breach. While it may be that a demurrage ... ...
  • Stockloser v Johnson
    • Court of Appeal
    • 12 Febrero 1954
    ... ... being entitled to recover the sums subject to a cross claim for damages, or the restoration of thestatus quo ... 12 The learned Judge reviewed ... (4) The instalments could not be regarded as a preestimate of liquidated damages, but were provisions of a penal nature. (5) There was a ... ...
  • Delaney v Staples (trading as De Montfort Recruitment)
    • House of Lords
    • 12 Marzo 1992
    ... ... Industrial Tribunal has no jurisdiction to entertain claims for damages for breach of contract, such proceeding would have to be brought in the ... The worker has no contractual or other right to the lump sum of liquidated damages at any time prior to judgment. Even assuming that the occasion for ... ...
  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 Julio 1973
    ... ... , and the fourth dealing with deducting finally money due on liquidated or agreed claims ... 12 One might expect this case ... There was a further claim made by the Respondents for damages (particularised as amounting to £2,313 15s. 0 d.) in respect of loss ... ...
  • Hanak v Green
    • Court of Appeal
    • 01 Abril 1958
    ... ... Damages in trespass were claimed in the sum of £3. 0s. 9 d. This was allowed by ... of 2 George II chapter 24 the claims on both sides had to be liquidated debts or money demands which could be ascertained with certainty at the ... ...
  • Owen (Edward) Engineering Ltd v Barclays Bank International Ltd
    • Court of Appeal (Civil Division)
    • 20 Julio 1977
    ... ... ought to pay the Umma Bank and leave theEnglish suppliers to claim damages against the Libyan customers, presumably in the courts of Libya, because ... - of the 10 per cent or the 5 per cent of the price - as liquidated damage, so to speak. He claims payment from the Umma Bank. The Umma Bank ... ...
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