||All England Reporter
|| All ER (D) 312 (Nov)
|| EWCA Civ 1669
||Court of Appeal, Civil Division
Peter Gibson, Mance and Thomas LJJ
||Jonathan Nash (instructed by Denton Wilde Sapte) for the claimants.
||Andrew Hunter (instructed by Saunders & Co) for the defendants.
||21 November 2003
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.
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.
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