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Liquidated damages and partial possession

20/08/2021

A recent TCC decision has enforced a liquidated damages clause which did not allow for a proportionate reduction in liquidated damages following partial possession of completed sections of a development. The court rejected arguments that the clause was a penalty...

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Authors

Portrait ofEmma Hutchinson
Emma Hutchinson
Senior Associate
Sheffield
Portrait ofMatthew Taylor
Matthew Taylor
Partner
London
Portrait ofJeremie Witt
Jeremie Witt
Partner
Brisbane