The English approach to contractual penalties stands in marked contrast to that prevailing across continental European jurisdictions. Where many legal systems permit parties broad latitude in specifying monetary consequences for non-performance, the courts of England and Wales will strike down stipulations whose primary purpose is punitive rather than compensatory. For practitioners operating in the sphere of cross-border commerce — particularly those advising on commodity supply agreements governed by GAFTA or FOSFA terms — a working…
English law has a long-standing tradition and a clearly structured system of awarding damages, developed over centuries through case law and precedent. An understanding of the principles governing damages under English law is essential for international contracts and disputes, as English law is often chosen as the applicable law in commercial agreements. In this article, we will examine the key aspects of the system of awarding damages under English law, including the different types of…