R v Whatcott [2019] EWCA Crim 1889 – Ss 1 and 2 FA.
1) for judge, not jury, to construe terms of contract and determine enforceability as a matter of law.
2) concept of standard of proof (civil or criminal) not engaged when construing contract.
3) question whether contractual provision amounts to a penalty, and therefore unenforceable, depends on whether it unconscionable (or extravagant) and disproportionate.
undefined: unpaid