Podcast Location:
Download it here [file size: 54.4 MB]
Categories:
Corporate & Commercial Law
Litigation & Dispute Resolution
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast provides an exploratory discussion of the law governing penalty clauses and restrictive covenants more generally in sale and purchase agreements.

It contextualises the relative importance of the Court of Appeal case of Cavendish Square Holdings v Makdessi (2013) and provides an insight into the likely affect of the case on the governance of penalty clauses.

Outcomes:
After completing the course you will:
  • Be aware of the law governing restrictive covenants in commercial contracts;
  • Understand the enforceability of penalty clauses in commercial contracts;
  • Have considered the circumstances and factors which will affect whether the court deems a clause to be penal;
  • Know penalty clauses which most typically feature in a company SPA;
  • Be aware of the background of Cavendish Square Holdings v Makdessi (2013);
  • Know the approach of the Court of Appeal in Cavendish Square Holdings v Makdessi (2013);
  • Understand the legal position governing penalty clauses.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Panel Discussion
Sources and References:
  • Cavendish Square Holdings v Makdessi [2013] EWCA Civ 1539;
  • Dunlop Pneumatic Tyre Company Limited v Selfridge and Company [1915] UKHL 1.

This CPDcast discusses penalty clauses in company sale and purchase agreements and more specifically how the Court of Appeal decision in Cavendish Square Holdings v Makdessi (2013) has affected this area of law.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 22nd January 2014

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