Liquidated damages clauses can provide a remedy that is predictable and certain. The difficult, time-consuming and potentially expensive task of quantifying damages is avoided. But drafting an enforceable clause is not straightforward and when a dispute breaks out, it is not always clear whether a liquidated damages clause will be upheld by Judges, Adjudicators and Arbitrators.
Run in two parts, over successive days, this webinar will look at some of the recently answered and the remaining unanswered questions relating to liquidated damages provisions under English law.
Chaired by Richard Wilmot-Smith QC, Part 1 will cover:
- Overview of the programme and the importance to the energy and construction industry of liquidated damages clauses in the standard forms and bespoke contracts – Marion Smith QC
- What did Cavendish Square Holding BV v. El Makdessi and Parking Eye v. Beavis  UKSC 67 decide? Joe-han Ho
- What is the effect of a liquidated damages provision dressed up or expressed as the price for a contractual right or option, rather than as damages for breach? What is a secondary obligation? Makdessi, Parking Eye and Heritage Travel & Tourism Ltd v. Windhorst  EWHC 2380 (Comm) David Brynmor Thomas QC
- What is the recent guidance from the Courts on the Makdessi tests? De Havilland Aircraft of Canada Limited v. Spicejet Limited  EWHC 362 (Comm) and Permavent Limited v. Makin  EWHC 467 (Ch) – Anna Lintner
- What defaults, other than delay, does the doctrine against penalties apply to? Does it apply to acceleration provisions, deposits and future clauses? Heritage Travel, GPP Big Field LLP v. Solar EPC Solution  EWHC 2866 (Comm), Bluewater Energy Services BV v Mercon Steel Structures BV  EWHC 2132 – Ben Olbourne
- How does the doctrine against penalties apply to a liquidated damage clauses where partial performance has taken place? Eco World-Ballymore Embassy Gardens Co Ltd v. Dobler UK Ltd  EWHC 2207 (TCC) – Juan Lopez
Date and Time:
Tuesday 19 October 2021
9am – 10.30am (BST), 12pm – 1.30pm (UAE), 4pm – 5.30pm (SGT)
Click HERE to register
The speakers welcome any questions in advance which you can send to firstname.lastname@example.org. There will also be an opportunity to ask questions using Zoom’s Q&A function.
There is no cost to attend the webinar.
This programme may be subject to change.
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