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Liquidated Damages - Latest Developments [2019]
Webinar Details
Available now
Expires after 90 days
Keith Markham, legal trainer
CPD Hours: 1
£35.00
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This webinar will be presented by Keith Markham, legal trainer.
Liquidated damages clauses are found in many commercial contracts but are always vulnerable to being challenged as a penalty before the courts. This webinar sets out an overview of the key principles established by the Supreme Court in the leading case of Cavendish v El-Makdessi and then proceeds to examine more recent decisions of the High Court.
Topics will include:
• How do the courts distinguish between a liquidated damages clause and a penalty clause?
• Who has the burden of proof?
• What is meant by the phrases ‘primary’ and ‘secondary’ obligations?
• How do the courts determine whether there is a ‘legitimate interest’?
• What factors will the courts consider when deciding whether the sum stated in the clause is ‘extravagant, exhorbitant or unconscionable’?
• What steps do I need to take practically to limit my risk?
