Too entrenched to be challenged? A commentary on the rule against contractual penalties post Cavendish v Makdessi and ParkingEye v Beavis

Abstract

In the recent conjoined appeals of Cavendish v Makdessi and ParkingEye v Beavis, the Supreme Court declined to abolish English law's highly controversial rule against contractual penalties, choosing instead merely to reformulate the test.  This commentary examines the new test and asks whether the rule's critics should now accept defeat.