Liquidated Damages – the new rules


This course provides an overview of the current law on liquidated damages. It begins with a summary of the approach to liquidated damages which had developed over the previous one hundred years and then proceeds to review the changes made by the recent decision of the Supreme Court in the joined cases of El-Makdessi v Cavendish and Beavis v Parkingeye. The course concludes with some practical suggestions for risk management in the light of these cases.

Learning Outcomes

By the end of this presentation, delegates will

  • be able to understand the basic principles relating to the law on liquidated damages
  • have an awareness of the different treatment of liquidated damages clauses and penalty clauses
  • be familiar with the methods that the courts have traditionally used to decide whether a clause is a genuine liquidated damages clause or not
  • understand and be able to apply the amended criteria set out by the Supreme Court and distinguish this approach from the approach used previously
  • consider what steps need to be taken to manage risk in this important area

Authored by Keith Markham

Keith Markham qualified as a Solicitor in 2001 and now works as a freelance presenter of training courses.

CPD Points: 1

CPD Duration (hours): 1

Access: 12 months from purchase date

Price: £30.00 (excludes VAT)