Source: All England Reporter
Publisher Citation: [2006] All ER (D) 79 (Apr)
Neutral Citation: [2006] EWCA Civ 385
Court: Court of Appeal, Civil Division

Chadwick, Moore-Bick LJJ and Lawrence Collins J

Representation John Pugh (instructed by Berkson & Berkson, Birkenhead) for the claimant.
  Russell Bailey (instructed by Downs, Dorking) for the defendant.
Judgment Dates: 6 April 2006


Contract - Penalty - Performance - Rule against penalties - Claimant's terms of business providing for entitlement to refund conditional on payment of fees due within seven days of invoice - Whether provision amounting to penalty clause or simple condition precedent to any right to refund.

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