19 Oct 2021

Deconstructed Liquidated Damages: Review of Recent Developments - Part One

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.

PART 1 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 [2015] 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? MakdessiParking Eye and Heritage Travel & Tourism Ltd v. Windhorst [2021] 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 [2021] EWHC 362 (Comm) and Permavent Limited v. Makin [2021] 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 TravelGPP Big Field LLP v. Solar EPC Solution [2018] EWHC 2866 (Comm), Bluewater Energy Services BV v Mercon Steel Structures BV [2014] 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 [2021] 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 for the speaker notes




PLEASE NOTE: These webinars are hosted by Zoom. Please visit the Zoom website for their Terms & Conditions.