Continue reading "Deposits: New thoughts on forfeiture of deposits"
This post is only available to members.
Deposits: New thoughts on forfeiture of deposits
Recent cases have questioned the longheld view that an unreasonable deposit is a penalty that can be repaid in full, as Laurie Heller finds out ‘Modern English courts do not appear to apply penalty rules to deposits or to clauses providing for forfeiture of sums that have already been paid.’ In a contract for the …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Amble Assets LLP& anor v Longbenton Foods Ltd [2011] EWHC 1943 (Ch)
- Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1
- Else (1982) Ltd v Parkland Holdings Ltd [1994] 1 BCLC 130
- Jobson v Johnson [1989] 1 WLR 1026
- Midill (97PL) Ltd v Park Lane Estates Ltd [2008] EWCA Civ 1227
- Omar v El-Wakil [2001] EWCA Civ 1090
- Stockloser v Johnson [1954] 1 QB 476
- Workers Trust & Merchant Bank Ltd v Dojap Investments Ltd Co (Jamaica) [1993] UKPC 7