Penalty Clause in UK Law
- Liquidated Damages Clause v Penalty Clause
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Penalty Clause VAR: “Extremely Harsh” But Still Enforceable
The court in Permavent v Makin determined that although the provision before it was “extremely harsh” it was not “out of all proportion” to the claimants’ legitimate business interests and so was n...
- Patents Court Finds Alleged Penalty Clause Is Firm But Fair
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UK Alert: Paying The Penalty? Supreme Court Clarifies Rule Against “Penalty Clause”
The Supreme Court has issued an important judgement that gives employers some helpful guiding principles to consider when drafting contracts in order to avoid creating unenforceable penalty clauses...
- UK EAT Concludes That Bad Leaver Provisions Were Neither Unconscionable Nor A Penalty Clause
- Late Redelivery Clause An Unenforceable Penalty
- Further Confirmation That A 'Take Or Pay' Clause Can Be A Penalty
- Further Confirmation That A 'Take Or Pay' Clause Can Be A Penalty
- 15% p.a. Interest Clause Held To Be A Penalty And Not Enforced
- Watch Out! Your Deferred Consideration Clause May In Fact Be A Penalty
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