Beware of a penalty shoot-out -
The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more
3/10/2025
/ Breach of Contract ,
Contract Disputes ,
Contract Terms ,
Damages ,
Dispute Resolution ,
Enforcement ,
Penalties ,
Public Policy ,
UK ,
Unenforceable Contract Terms ,
Waivers
A warranty in a receivables financing contract that BP was not prohibited from disposing of the receivable was not breached by a clause in the underlying oil sale contract prohibiting assignment without the other party’s...more
Anthony McGill v The Sports and Entertainment Media Group & ors [2016] EWCA Civ 1063, 4 November 2016 -
The Court of Appeal has held that a football agent could recover damages on a loss of chance basis from a rival...more