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Penalty clauses in the Supreme Court: a legitimately interesting decision?
The joint appeals in Cavendish Square Holdings v El Makdessi and Beavis v ParkingEye 1 offered the UK Supreme Court its first opportunity β since moving across Parliament Square β to consider the penalty doctrine. The exercise of judicial control over contractually stipulated remedies has long been controversial and the joint appeals presented an opportunity either to modernise the doctrine's principles or to repudiate it entirely from English law
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