Liquidated Damages - Latest Developments [2019]

Webinar Details

Available now

Expires after 90 days

Keith Markham, legal trainer

CPD Hours: 1


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?