Tom Owen Provides a Practical Law podcast on Liquidated Damages and the Penalties Doctrine

Released: 9th December 2015

In this video Tom Owen, examines the impact of the decision in Makdessi v Cavendish Square Holdings on liquidated damages clauses, particularly in a construction law context.

This video is 20 minutes long and covers the following topics:

  • The purpose of liquidated damages
  • What the penalties doctrine is and when it applies
  • The test for assessing whether liquidated damages are penal
  • The facts of Makdessi and Beavis
  • How the Supreme Court decided each case
  • Practical guidance that can be derived from the decision
  • The impact of the decision on construction contracts

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Tom Owen