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Last updateTue, 24 Feb 2015 5pm

CASE UPDATE: Prét-à-porter penalties

28 November 2017  

Duncan Brown reviews a case providing a timely reminder when drafting side letters

The rule against penalties is an exception to the general principles of freedom to contract and that a contract should be enforceable in accordance with its terms. If a clause is a penalty, that clause is unenforceable and the court has no discretion to enforce it.

Additional Info

  • Case(s) Referenced:

    Vivienne Westwood Ltd v Conduit Street Development Ltd [2017] EWHC 350 (Ch)