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Once upon a time anything that was a penalty would not be enforced by the Civil Courts. Now ministers want to pick and choose who the winners and losers will be in the game of cash flow poker. What about the small business that is owed money by a large company, and is struggling to pay its staff? What about the money owed by government and local government to all and sundry? At the same time the Courts expect - almost demand - that litigants mediate settlements of claims, meaning that creditors have to give discounts to get their money. Why not apply eye watering penalties all around. The answer is obvious of course.