CAVENDISH SQUARE HOLDING BV v EL MAKDESSI PARKINGEYE LTD v BEAVIS

[2015] Lloyd's Rep Plus 91

SUPREME COURT

Before Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson and Lord Hodge

Rule against penalties - Whether rule should remain a part of English law - Whether it applied to forfeiture clauses and to clauses requiring transfer of property rather than payment of money - Whether parking charges were penalties or unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083).