TDN’s latest podcast, focuses on the topic of the recent Supreme Court decision in Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29.
This was a much-publicised decision and may well be familiar to many TDN members. It was much anticipated in certain sectors, following a controversial decision in the Court of Appeal. The issues it decided were threefold: (1) whether an employer only has a right to liquidated damages if the contractor completes the works, or if liquidated damages are still payable if the employer terminates the contract before completion; (2) whether a limitation of liability clause excluding loss caused by “negligence” applies to acts amounting to a breach of a contractual duty to use reasonable care and skill, which do not constitute negligence in tort; and (3) whether a limitation of liability clause excluding claims for which there are “specific remedies expressly identified as such in this contract” nonetheless applies to liquidated damages. These issues are of course of considerable significance to many areas of the disputes market, perhaps in particular IT and construction.
Our panellists for this podcast are James Howells QC of Atkin Chambers, Robert Fidoe of Watson Farley & Williams and Matthew Walker of K&L Gates. James was leading counsel for the successful appellant in the Supreme Court, instructed by a Watson Farley & Williams led by Robert, and Matthew is one of the City’s leading contentious construction lawyers. The Tech Disputes Network are very fortunate to welcome such a distinguished panel to discuss this important case. We hope that you enjoy the podcast.
You can listen to this new episode on the track player below, or listen to all episodes on our Podcasts page, as well as on Spotify and iTunes.
We very much hope you enjoy this week’s podcast and thank you for your continued support of the TDN.