Chapter 9: Restitution

Construction

Chapter 9: Restitution


In this episode, Paul Darling QC and Frederick Wilmot-Smith discuss Chapter 3: Restitution. The Chapter seeks to explain Restitution from First Principles. Paul and Fred discuss the recent developments which… Read more »

CategoryWilmot-Smith on Construction Contracts: The Podcast, Podcasts & Other Media Author Paul Darling OBE QC Date

Landmark Decision on the Scope of Economic Duress in English Contract Law


On 18 August 2021, the Supreme Court gave judgment in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40, a decision in which it clarified, amongst other things,… Read more »

CategoryArticles, News Author James Bradford Date

Episode 8: Damages


In this episode, Ruth Keating discusses Chapter 12 on damages with Paul Darling QC: The impact of the decisions of the Supreme Court in Morris Garner v One Step Support… Read more »

CategoryWilmot-Smith on Construction Contracts: The Podcast, Podcasts & Other Media Author Paul Darling OBE QC, Ruth Keating Date

The Validity of Liquidated Damages Clauses: Eco World – Ballymore Embassy Gardens Company Limited v Dobler UK Limited [2021] EWHC 2207 (TCC; O’Farrell J)


A liquidated damages clause is, shortly put, one stipulating the money payable as damages for loss caused by a breach of contract, irrespective of loss suffered. Practitioners will be aware… Read more »

CategoryArticles Author Juan Lopez Date

Too late to join the DAB party? The JCT Dispute Adjudication Board Documentation 2021


In early May 2021, the JCT, in conjunction with the Chartered Institute of Arbitrators (CIArb), released its anticipated Dispute Adjudication Board Documentation 2021 (the “DAB Documentation”). It is intended to… Read more »

CategoryArticles Author Karen Gough Date

Episode 7: Litigation


In this episode, John Denis-Smith discusses his chapter on litigation with Paul Darling QC, looking at developments in the law relating to TCC practice, covering discussion in particular in respect… Read more »

CategoryWilmot-Smith on Construction Contracts: The Podcast, Podcasts & Other Media Author Paul Darling OBE QC, John Denis-Smith Date

Triple Point Technology: At Speed 2


In the second post of this three-part series, Alexander Burrell explores the first issue in the Supreme Court’s judgment in Triple Point Technology, Inc v PTT Public Company Ltd[1] – the interpretation… Read more »

CategoryArticles Author Alexander Burrell Date

Episode 6: Time for Completion (recorded before judgment of Supreme Court in Triplepoint)


In this episode, Nicholas Higgs reviews the updates to Chapter 11: Time for Completion with Paul Darling QC and in particular the status of the penalty doctrine after Cavendish/Parking Eye,… Read more »

CategoryWilmot-Smith on Construction Contracts: The Podcast, Podcasts & Other Media Author Paul Darling OBE QC, Nicholas Higgs Date

Triple Point Technology: At Speed 1


The Supreme Court has now handed down its decision in Triple Point Technology, Inc v PTT Public Company Ltd[1]. There were two main issues before the Supreme Court: Issue 1:… Read more »

CategoryArticles Author Marion Smith QC, Alexander Burrell, Ruth Keating Date

Issues in Unfair Prejudice Petitions 2: Unfairness


In this series of posts, Anna Lintner analyses key aspects of unfair prejudice petitions: What constitutes conduct of the company’s affairs? Unfairness Section 994 Companies Act 2006 (“CA 2006”) permits… Read more »

CategoryArticles Author Anna Lintner Date

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