Agreement to abandon claim for liquidated damages

In Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC), Eyre J held that the parties had reached an agreement under which the claimant had agreed to forego its right to recover liquidated damages under the contract and that the agreement amounted to a final abandonment of those rights. Had he not so concluded, Eyre J would have held that the agreed damages clause did not amount to a penalty clause and he would have rejected the submission that the clause was too uncertain to be given effect.