Blog Commercial Litigation February 3, 2016 by Lyons Davidson Liquidated damages and the penalty clause: a brief summary of the change in the law On 4 November 2015, the Supreme Court changed the previously well-established law relating to liquidated damages and the penalty clause, in the case of Cavendish Square Holding BV v Talal El Makdessi; Parkingeye LTD v Beavis [2015] UKSC 67.