https://www.supremecourt.uk/news/beavis-v-parkingeye-ltd.html
The Supreme Court have confirmed that Mr Beavis has been granted leave to appeal against ParkingEye, and that the hearing will take place alongside Cavendish v Makdessi, which also involves the enforceability of penalty clauses.
The hearing will start on Tuesday 21 July 2015. It is likely to last 3 days, with the Beavis case being heard on day 3.
The hearing will be in court 1 which has an 80 seat capacity on a first-come first-served basis. However, the entire proceedings will be streamed live online here https://www.supremecourt.uk/live/court-01.html.
The Lord Justices assigned to the case are Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson, Lord Hodge. Their biographies are here.
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That's a right old David and Goliath scenario.
ReplyDeleteThe Cavendish case is a whole load more complex being contractually related losses negiotiated and agreed prior to the contract being signed. Also it's a commercial case and as such bears little relevence to Beavis being a lowly chippy owner.
The considerations are vastly different where there has been no real negotiation to a commercially drawn up contract by top company laywers to the Beavis case of a member of the public being ripped off on a supposed contractual basis.
Neverthless the judges will be well aware of all that and I'm sure should be able to see this from the point of view of it being a penalty amount with the intention of preventing an overstay. Reading the Cavendish case there's much reference to that, and that despite it being drawn up as a commercially justified amount, it still wears the clothes of a penalty.
Hearing the cases together is a bit concerning. Their Lordships seem to get a bit "yes, yes, yes, but what we think SHOULD be allowed..." when it comes to businesses - see http://www.bailii.org/ew/cases/EWCA/Civ/1997/2073.html for an example.
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