Relief from forfeiture: Application to licences

DWF | Property Law Journal | September 2018 #364
Alexandra Herbert reviews the case of The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd [2018] ‘The court has a wide discretion when deciding whether to grant forfeiture. One of the considerations taken into account when considering an application is the possibility of the landlord receiving a disproportionate windfall if the agreement was to …

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Contracting: Showing the red card

A & L Goodbody | Procurement & Outsourcing Journal | March/April 2014 #17
Jack O’Farrell analyses the implications of a recent decision on penalty clauses ‘The underlying rationale of the doctrine of penalties is that the court will grant relief against the enforcement of provisions for payment in the event of breach, where the amount to be paid or lost is out of all proportion to the loss …

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