- Applied — OCM Maritime Nile LLC & Anor. Courage Shipping Co. & Ors. 2022-07-29
“…fault had occurred. The judge held that this clause was not capable of being a penalty because, applying Cavendish Square Holding BV v Makdessi [2015] UKSC 67, [2016] AC 1172, it did not give rise to any “secondary obligation”. But he went on to say that, if the penalty doctrine had been applicable, the charterers would have had the…”
- Cited — Quantum Actuarial LLP v Quantum Advisory Ltd 2021-02-24
“…e the best judges of what is legitimate”, at least so far as their private interests are concerned: see Cavendish Square Holdings BV v Makdessi [2015] UKSC 67; [2016] AC 1172 at [35] per Lords Neuberger and Sumption; and also Esso (at 300C-G per Lord Reid, at 320A-B per Lord Hodson, at 305B per Lord Morris and at 323B-E per Lord Pea…”
- Cited — Simantob v Shavleyan 2019-06-28
“…nocent party in the enforcement of the primary obligation’ (per Lord Neuberger PSC at [32] in Cavendish Square Holding BV v. Makdessi, ParkingEye Ltd v. Beavis [2016] AC 1172) was much stronger. Although the argument had subsequently failed before the Master, it might have succeeded or at least have been found to be arguable.…”
- Cited — Triple Point Technology, Inc v PTT Public Company Ltd 2019-03-05
“…Mr Stafford challenges that conclusion. He relies upon Cavendish Square Holdings BV v Makdessi [2015] UKSC 67; [2016] AC 1172, in particular the judgment of Lord Neuberger PSC at [32]. Mr Stafford submits that Article 5.3 imposes a detriment on Triple Point “out of all proportion to a…”
- Cited — Jones & Anor v Roundlistic Ltd 2018-10-19
“…02] 1 AC 481; Aziz v Caixa d'Estalvis de Catalunya [2013] EUECJ C-415/11, [2013] 3 CMLR 89; and Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67, [2016] AC 1172. The circumstances in which the issues in those cases arose were very different from those of the present case, and even the helpful statements of general prin…”
- Cited — The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd 2018-05-17
“…In Cavendish Square Holdings BV v Makdessi [2015] UKSC 67, [2016] AC 1172 the Supreme Court traced the historical process by which the common law courts adopted the equitable doctrine thus giving rise to the modern rule against penal…”