Continue reading "The Law On Penalties: Where are we now?"
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The Law On Penalties: Where are we now?
Natalie Appleby considers the position on penalties after the recent Supreme Court ruling in Cavendish and ParkingEye ‘The Supreme Court considered the development of the doctrine over time and declared that Lord Dunedin’s four tests from Dunlop have been taken out of context and applied too rigidly as a “quasi-statutory code”.’ Just over a century …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30
- Cavendish Square Holdings BV v El Makdessi [2012] EWHC 3582 (Comm); [2015] UKSC 67
- Clydebank Engineering & Shipbuilding Co Ltd v Don Jose Ramos Yzquierdo y Castaneda [1904] UKHL 3
- Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1
- Jobson v Johnson [1989] 1 WLR 1026