English Law of Liquidated Damages and Penalty

    View Author April 2016

    This practice note summarises the updated English law of liquidated damages and penalties, with a particular focus on how the new legal test of “wider interest” may apply in construction contracts – following the UK Supreme Court judgment in Cavendish Square Holding BV v Makdessi ; ParkingEye Ltd v Beavis (Consumers' Association intervening) [2015] UKSC 67.