- Applied — OCM Maritime Nile LLC & Anor. Courage Shipping Co. & Ors. 2022-07-29
“…t no Event of Default 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 wo…”
- Cited — Quantum Actuarial LLP v Quantum Advisory Ltd 2021-02-24
“…es themselves are 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 323…”
- Cited — Barton v Gwyn-Jones & Ors 2019-11-21
“…(Westernport) Pty Ltd v President, Councillors and Ratepayers of the Shire of Hastings (1977) 52 ALJR 20 per Lord Simon and Marks and Spencer Plc v BNP Paribas [2015] UKSC 67 per Lord Neuberger PSC at [21] (with whom Lord Sumption and Lord Hodge JJSC agreed).As Lord Neuberger pointed out, the implication of a term is not critically …”
- 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…”
- Cited — Jones & Anor v Roundlistic Ltd 2018-10-19
“…01] UKHL 52, [2002] 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…”
- 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 ru…”