Sentences with phrase «penalties at common law»

In OFT v Abbey National plc and others [2008] EWHC 875 (Comm), [2008] All ER (D) 349 (Apr) Mr Justice Andrew Smith ruled that none of the terms considered were void as penalties at common law, but they were susceptible to assessment as to fairness under the Consumer Contracts Regulations 1999 (SI 1999/2083) reg 6 (2).

Not exact matches

These penalties are not covered in the RTA, but are found at common law.

At first instance, Andrew Smith J ruled -LRB-[2008] EWHC 875 (Comm)-RRB- that the Banks» standard terms were largely in plain intelligible language and did not amount to common law penalties; and that it was inappropriate to give any declarations relating to «good faith» under reg 5 (1).

At common law, the rule on whether or not a fee for breaching a term of a contract is enforceable depends on whether the fee is a penalty (in which case the fee is not enforceable) or liquidated damages (in which case it is enforceable).