| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 312 (Nov) |
| Neutral Citation: | [2003] EWCA Civ 1669 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Peter Gibson, Mance and Thomas LJJ |
| Representation | Jonathan Nash (instructed by Denton Wilde Sapte) for the claimants. |
| Andrew Hunter (instructed by Saunders & Co) for the defendants. | |
| Judgment Dates: | 21 November 2003 |
Catchwords
Contracts - Breach of contract - Penalty clause - Clause in licensing agreement - Defendants unable to meet obligations under contract - Judge finding clauses in contract relating to termination not penal - Judge granting summary judgment to claimants - Correctness of decision.
The Case
A judge had erred in grating summary judgment to the claimants where the defendants had shown that there was a triable issue that the consequences of a clause in a licensing agreement between the parties upon termination were penal.
Practice Areas
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