With over 175 years of experience and a team of over 1000 talented professionals, we offer exceptional legal services for major transactions, projects, and disputes. Our client-focused approach and commitment to excellence ensure success for our clients. We connect with top lawyers globally for the best results.
The High Court's decision in Andrews v Australia and New
Zealand Banking Group Ltd (2012) 247 CLR 205 changed the
approach to the law of penalties in Australia. In exciting news,
there may be big changes for the law of penalties in England and
Wales too.
On 21, 22, and 23 July 2015, the United Kingdom Supreme Court
heard argument in two cases, Cavendish Square Holding BV v
Makdessi and Beavis v ParkingEye Ltd, which squarely raise the
future of the law of penalties in England.
Joanna Smith QC, the leading counsel for the appellants in the
Cavendish appeal put her marker in the ground early on. Less than
five minutes into her oral argument, she said:
"We are submitting
that the logical conclusion to draw from our arguments is that the
doctrine of penalties should be overruled; that the doctrine ...
should go."
Video recording of the six sessions of oral argument, as well as
the decisions below, is available on the United Kingdom Supreme
Court's website:
