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This update looks at the recent case of Holyoake v Candy1 (“Holyoake”), which provided useful guidance on how the English courts interpret the Penalty Rule and how careful drafting can sometimes take a clause outside of its scope. Parties will often agree in advance a specified sum that will be payable in the event of certain breaches of contract.
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
