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.
On completion of this course, you will have a greater understanding of:
- The basic principles relating to the law on liquidated damages
- The different treatment of liquidated damages clauses and penalty clauses
- The methods that the courts have traditionally used to decide whether a clause is a genuine liquidated damages clause or not
- Applying the amended criteria set out by the Supreme Court and distinguish this approach from the approach used previously
- 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.
Initially working in private practice, in 2004 he moved in-house at the BGL Group, a major insurance intermediary that numbers Budget and comparethemarket.com among its brands. During his time there Keith advised on and conducted contract negotiations of a complex nature, often with major blue chip companies. He also advised extensively on data protection and consumer regulations as well as e-commerce and website related issues.
A CPD certificate of completion will be provided by BPP Professional Education Limited upon successful completion of the online course.
CPD Points: 1
CPD Duration (hours): 1
Access: 12 months from purchase date