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Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd, now overturned in the UK

  • 04-11-2015 2:39pm
    #1
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭


    This post has been deleted.


Comments

  • #2
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,628 ✭✭✭✭Marcusm


    Fred Swanson wrote: »
    This post has been deleted.

    I think you need to read the case a bit more closely; the pre existing law on penalties has not been overturned. Rather the court has determined that a charge of £85 was not in the nature of a penalty but a reasonable contractually recoverable figure even though it was not based on ParkingEye's estimate of the costs of enforcement. Significant emphasis has been placed on it not being excessive when compared to local authority charges and the fact that it was less than the amount recommended by the trade association.

    The trade off in the UK for the outlawing of private clamping was always going to be the potential imposition if reasonable costs for breach of the parking conditions. I guess we now know that if it is in the same ballpark as a local authority charge then it will be treated as enforceable.

    There is, however, no overturning of the pre existing position on penalties. The question for Ireland is not whether Dunlop continues to hold good but whether charges such as this which are not given explicit statutory authority (as is the case under the Protection of Freedoms Act in the UK) are enforceable. For that, I assume that, as it relates to parking, the Shoe Lane case (a car park I used regularly) will be the most apposite. Although there's obviously no ticket barrier to contract with!


  • #3
    robman60
    Registered Users, Registered Users 2 Posts: 2,228 ✭✭✭robman60


    Not exactly on topic, but this after a year of contract law I remain none the wiser. Basically, how do cases like this end up going all th way to The Supreme Court? If the disputed figure is a mere £85, surely it's in either parties' interest to just pay/forego the amount in order to avoid the legal costs.

    The number of seemingly frivolous cases in contract law baffled me last year. If someone can shed some light on how these cases actually end up being heard and subsequently appealed I'd love to know.


  • #4
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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