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CAVENDISH SQUARE HOLDING BV v EL MAKDESSI; PARKINGEYE LTD v BEAVIS

Penalties – Whether clauses consequential upon breaches of restrictive covenants were penalties – Whether enforceable. – Agreement for sale of shares – Provision for payment in instalments – If seller defaulted on restrictive covenants, Interim and Final Payments not to be made – Also remaining shareholding could be obtained by purchaser's exercise of an option – Whether clauses unenforceable as penalties.

[2016] BLR 1

BLOOMBERG LP v SANDBERG (A FIRM) AND OTHERS

Contracts – Limitation clauses – Whether limitation clause in contractor's warranty to tenant limits consultant engineer's contribution claim against contractor. – Contribution – Limitation clauses – Whether possible to contract out of the Civil Liability (Contribution) Act 1978. – Contribution – Civil Liability (Contribution) Act 1978, section 1(3) – Whether expiry of contractual period of limitation extinguishes right on which claim is based. – Remedies – Declaratory relief – Circumstances in which declaratory relief is appropriate.

[2016] BLR 72