Penalty Clause in UK Law

  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 Nov 2015
    ......, namely the principles underlying the law relating to contractual penalty clauses, or, as we will call it, the penalty rule. The first appeal, ......
  • White and Carter (Councils) Ltd v McGregor
    • House of Lords
    • 06 Dic 1961
    ...... sued for the whole sum due for the three years is to be found in Clause 8 of the Conditions: — "8. In the event of an instalment or ... 6 A 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 ......
  • Matthew v Trinidad and Tobago
    • Privy Council
    • 07 Jul 2004
    ...... in these appeals is the constitutionality of the mandatory death penalty in Trinidad and Tobago. The relevant provisions of the constitution are ...Mr Fitzgerald described that subsection as a "shut-out" clause which precluded any judicial examination of whether an existing law was in ......
  • Boyce et Al v R
    • Privy Council
    • 07 Jul 2004
    ...... in these appeals is the constitutionality of the mandatory death penalty in Barbados. The relevant provisions of the constitution are sections 1, ...Mr Starmer contrasts section 26 with what he calls a "shut-out" clause such as section 3(1) of the 1962 Constitution of Trinidad and Tobago, ......
  • Cutler v Wandsworth Stadium Ltd
    • House of Lords
    • 28 Feb 1949
    ......I need not refer to Part II. Part III contains the penalty clauses which are as follows: "29. Where a person ......
  • Williams v Roffey Bros & Nicholls (Contractors) Ltd
    • Court of Appeal (Civil Division)
    • 23 Nov 1989
    ......The main contract contained a penalty clause. The judge found that on 9th April 1986 the defendants promised to ......
  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 Jul 1973
    ......By clause 17 of the contractors' conditions in the sub-contract, provisions in the ...That would simply be to impose a penalty for refusing to admit his claims. Not only would the withholding of the ......
  • Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
    • House of Lords
    • 31 Mar 1966
    ...... to remain in force "for a total of two years consecutive voyages" (Clause 23 of the charterparty). The vessel had "with all possible dispatch" to ... the arbitrators to hold that in truth this was in the nature of a penalty clause or a limitation clause limiting liability. I do not think it is ......
  • Thomas and Another v Baptiste and Others
    • Privy Council
    • 17 Mar 1999
    ...... was primarily designed to preserve the legitimacy of the death penalty but which in other respects their Lordships are satisfied is not material ... . 27 Due process . . . 28 The due process clause in the Constitution of Trinidad and Tobago can be traced back to the ......
  • Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
    • Court of Appeal (Civil Division)
    • 12 Nov 1987
    ...... case for saying that condition 2 was void and unenforceable as a penalty clause; but that point was not taken in the court below or in the notice ......
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