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Update to the MCT Course: Supreme Court ruling in Contract law clarifies penalty clauses rule

The much-anticipated ruling of the Supreme Court in two contract disputes has seen a clarification of the longstanding rule on penalty clauses in English law. The decision of the majority of the panel of seven Supreme Court justices in Cavendish Square Holdings BV v El Makdessi; ParkingEye Limited v Beavis [2015] UKSC 67 is expected to have significant impact on both the study and practice of contract law, as well as on the syllabus for the MCT assessment.

Candidates on the MCT in February 2016 (and beyond) are reminded that they are expected to apply the law as it stands on the date of the assessment. While the penalty clause rule still applies, it must now be applied with more consideration of the commercial context and interests of the parties to the contract.

Updates containing the case law discussed in this post together with other important new laws that have recently come into force are available download on our MCT Online Training System.

If you are signed up for QLTS School MCT Course, log in to your online account, or check our MCT course packages and ensure you are well prepared for the assessment.

Unless otherwise stated in advance, candidates are assessed on the law in force at the time of the assessment.

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