Liquidated Damages  Negligence Limitation of liability  Justices Lord Hodge (Deputy President), Lady Arden, Lord Sales, Lord Leggatt, Lord Burrows Background to the Appeal The central issue (Issue 1) on this appeal concerns the approach to interpreting liquidated damages clauses. The liquidated damages clause here was in a familiar form, providing for liquidated damages to be…

Conflict of laws Arbitration Choice of law Validity of Awards Justices Lord Hodge (Deputy President), Lord Lloyd-Jones, Lord Sales, Lord Hamblen, Lord Leggatt  Background to the Appeal The appellant (“Kabab-Ji“), a Lebanese company, entered into a Franchise Development Agreement (“FDA“) with Al Homaizi Foodstuff Company (“Al Homaizi“), a Kuwaiti company, granting Al Homaizi a licence…

Collective Bargaining Prohibited Result Section 145B TULRCA  Justices: Lord Briggs, Lady Arden, Lord Kitchin, Lord Leggatt, Lord Burrows Background: The 57 claimants are members of unite the union (“Unite”) and are employed as shop floor or manual workers by the respondent, Kostal UK Ltd. The company entered into a recognition and procedural agreement with Unite…