Dispute Resolution specialists from leading UK law firm Burges Salmon have contributed to a podcast for online CPD training course, CPDcast.
Entitled 'Company Sales and Penalty Provisions – A Word of Caution from the Court of Appeal in Cavendish Square Holdings v Makdessi (2013)', the CPDcast provides an exploratory discussion of the law governing penalty clauses and restrictive covenants more generally in sale and purchase agreements. It contextualises the relative importance of the Court of Appeal case of Cavendish Square Holdings v Makdessi (2013) and provides an insight into the likely effect of the case on the governance of penalty clauses.
After completion of the course, viewers will:
- be aware of the law governing restrictive covenants in commercial contracts
- understand the enforceability of penalty clauses in commercial contracts
- have considered the circumstances and factors which will affect whether the court deems a clause to be penal
- know penalty clauses which most typically feature in a company SPA
- be aware of the background of Cavendish Square Holdings v Makdessi (2013)
- know the approach of the Court of Appeal in Cavendish Square Holdings v Makdessi (2013)
- understand the legal position governing penalty clauses.
Burges Salmon’s head of Dispute Resolution, Paul Haggett, and Ian Tucker, a senior associate in the same team, contributed the content for this CPDcast.