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Seminar on "Reformulation of the Principles Underlying Contractual Penalty Clauses: Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67"

by
 


  Assistant Professor Eliza Mik
  School of Law
  Singapore Management University

 

Synopsis

Last November, the UK Supreme Court handed down the most important and comprehensive decision in the area of agreed damages clauses in over a century: Cavendish Square Hodling BV v Talal El Makdessi. The significance of the decision lies not only in the detailed review (and critique) of the seminal cases in the area, but also in the possible expansion of the standard test deployed to establish whether a sum payable on breach constitutes an unenforceable penalty or a liquidated damages clause. The traditional dichotomy of sums designed to deter and sums constituting a “genuine pre-estimate of loss” seems to have been supplemented by a third category: sums protecting an interest in the performance of the contract. At the same time, re-emphasizing the distinction between primary and secondary obligations, the Supreme Court distanced itself from the controversial Australian decision Andrews v Australia and New Zealand Banking Group Ltd, which extended the penalty jurisdiction to sums payable otherwise than on breach. This seminar offers a detailed analysis of the Supreme Court’s reasoning with special regard to its practical implications for commercial drafting practice. 


 

About the Speaker

Eliza Mik is an Assistant Professor of Law at the Singapore Management University. She holds a PhD in Law from the University of Sydney and has practiced in several jurisdictions. Before joining SMU, she spent over 10 years advising on technology procurement and software licensing. Presently, Eliza teaches Contract Law, Business Law as well as the Law of E-Commerce. Her main research interests are contractual damages and the commercial utilization of the Internet.
 

 

Pricing Category

Participants can enjoy either:

a. Seminar fee 
Seminar fee of S$200* (inclusive of GST) applies.

b. Group discount fee
Group discount fee of S$180* (inclusive of GST) applies if there are at least 10 participants from the same organisation. 

c. SMU Alumni fee (for LLB / JD / LLM graduates)
Seminar fee of S$180* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.

d. Student rate
Seminar fee of S$50* (inclusive of GST) applies for full-time undergraduate student (matriculation card must be provided in order to enjoy this entitlement).

 


*Please note that there will be no refund should participant choose to cancel the registration / did not attend the seminar. However transferring of registration / substituton can be arranged at no additional cost. Notice of transfer / substitution must be sent to cle@smu.edu.sg no later than 17 March 2016. 
 

The SMU School of Law reserves the right of cancellation. Full refund of seminar fees will be given only if the seminar is cancelled.
 

For enquiries, please contact Ms Sascha Ng via email: cle@smu.edu.sg

 

 

To sign up for this event, kindly click on the Register button or scan the QR code.


 

Registration closes on 17 March, subject to availability of seats. Course materials and light refreshments will be provided.

 

21 March 2016 (Monday)

 

9am - 12.20pm (Registration starts from 8.30am onwards)

 

SMU School of Accountancy/Law Building
Level 1, Seminar Room 1-1
60 Stamford Road
Singapore 178900

 

3 points (based on 100% attendance)

 

Corporate / Commercial

 

General 

 

Click HERE for map

 

08.30am   Registration
   
09.00am   Seminar (Part 1)   commence
   
10.30am   Tea Break
   
10.50am   Seminar (Part 2) commence
   
12.20pm   End of Event



About the SMU Continuing Legal Education

Continuing Legal Education (CLE) of the School of Law, Singapore Management University was set up in May 2010. CLE @ SMU organises seminars and workshops on various topics for the benefit of the legal practitioners and the wider legal community. CLE also administers an Auditing Program where participants may attend and observe seminars taught by our law faculty, without taking exams or undertaking class assignments. For updates on our upcoming seminars, workshops, auditing courses and other activities, please click here.


About the SILE's Continuing Professional Development Scheme

This programme is an Accredited CPD Activity under the SILE’s CPD Scheme. Participants who wish to claim CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. This includes signing-in on arrival and signing-out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.silecpdcentre.sg for more information.

 

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