Deconstructed Liquidated Damages: Review of Recent Developments – Part Two

Deconstructed Liquidated Damages: Review of Recent Developments – Part Two

CategoryWebinars Archive Author Paul Darling OBE KC, Vivek Kapoor, David Hopkins, Alexander Burrell, Ruth Keating, Philippe Kuhn, Nicholas Higgs Date

Liquidated damages clauses can provide a remedy that is predictable and certain. The difficult, time-consuming and potentially expensive task of quantifying damages is avoided. But drafting an enforceable clause is not straightforward and when a dispute breaks out, it is not always clear whether a liquidated damages clause will be upheld by Judges, Adjudicators and Arbitrators.

Run in two parts, over successive days, this webinar will look at some of the recently answered and the remaining unanswered questions relating to liquidated damages provisions under English law.


Chaired by Paul Darling QC, Part 2 will cover:

  • Are liquidated damages payable when work is never completed or accepted? Triple Point Technology, Inc v. PTT Public Company Ltd [2021] UKSC 29 – Alexander Burrell
  • How do courts interpret limitation of liability provisions? Triple Point Technology – Vivek Kapoor
  • Can a party apply to the courts for a liquidated damages adjustment – upwards or downwards? Ruth Keating
  • Does a liquidated damages clause limit the contractor’s liability for losses resulting from delay where it has been found to be void and inoperable? Eco World – David Hopkins
  • What are the implications of Makdessi when negotiating a liquidated damages clause? What due diligence should you carry out to make the quantum in a liquidated damages clause penalty proof when negotiating? – Nicholas Higgs
  • What are the lessons for drafters of commercial and construction contracts? Does a contractual estoppel work? Where is the wriggle room? Philippe Kuhn

Date and Time

Wednesday 20 October 2021

9am – 10.30am (BST), 12pm – 1.30pm (UAE), 4pm – 5.30pm (SGT)

Click HERE for the speaker notes


PLEASE NOTE: These webinars are hosted by Zoom. Please visit the Zoom website for their Terms & Conditions.

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