Sign up for a webinar on the law on penalties after the Supreme Court judgments on 13 November at 13:00.

The eagerly-awaited Supreme Court judgment on the law of penalties will be handed down on 4 November 2015. The Supreme Court’s ruling will either confirm or radically overhaul the law relating to contractual penalties and liquidated damages.

In July, the Supreme Court heard two conjoined cases. One concerned a clause in a contract between parties who were represented by “highly experienced lawyers”, and involved sums of tens of millions of dollars. The other concerned an £85 parking fine. The issues before the Supreme Court were considered sufficiently important to require a panel of seven justices.

Our presenters will be reviewing and discussing the judgments and identifying any changes to and any clarification of the law. We will also be examining the impact of the judgments on practice and, significantly, on the drafting of effective liquidated damages provisions.

This webinar will consider:

• The arguments put to the Supreme Court, which included a submission that the law on penalties should have no application between sophisticated parties.

• Drafting responses to the judgment. Do we need to amend our precedent cluases?

• A method suggested in several judgments and by comments of the Supreme Court justices, whereby it might be possible to avoid the application of the rule on penalties in its entirety.

• The Supreme Court judgment in an international context. Whether confirmed or overhauled, how does the law on penalties and liquidated damages compare with the approach in other key jurisdictions? Is the law of England and Wales moving closer to international practice, or does it retain its unusual features?


Malcolm Dowden is a solicitor and a consultant to Charles Russell Speechlys LLP. He has over twenty years’ experience of international commercial contracts, infrastructure, environmental and regulatory work. He is also Director of Law Programmes at Law2020.

Michael Twomey is Director of Legal Training Programmes at Law2020 and has more than 20 years’ experience in legal education and training. He currently works with leading international law firms in London and delivers training seminars and programmes for in-house legal departments and for non-lawyers including government departments, multi-national companies, educational and training establishments and professional bodies.

Law2020 is an international training organisation.


The webinar takes the form of a live audio event accompanied by slides during which you will have the opportunity to ask questions. Following the event you will be able to revisit a recorded version

To register, please click here.

To cost of the webinar is £45. This webinar is discounted at 20% for the Civil Litigation Section.