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Monday 29 June 2015

Supreme Court confirm Beavis Appeal date

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.

Happy Parking

The Parking Prankster

2 comments:

  1. That's a right old David and Goliath scenario.
    The 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.

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  2. 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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