Citation: BLR 271 TCC
Nature of case: This case contains a useful review of the modern law on the distinction between liquidated damages and penalties. On the facts, the liquidated damages provision in the JCT WCD 1998 for £45,000 per week was a genuine pre-estimate of loss and the actual loss suffered by the developer, Tilebox, was higher. The contractor therefore failed to obtain a declaration that the provision was a penalty.
See other reports: Con L J Vol 21 No 7 539 TCC