Liquidated Damages and Contractual Termination: Triple Point v PTT and Beyond - Michael Davie QC & Neil Dowers

The Edinburgh Centre for Commercial Law presents

Liquidated Damages and Contractual Termination: Triple Point v PTT and Beyond

Michael Davie QC & Neil Dowers, 4 Pump Court, London

Abstract:
In 2019, the Court of Appeal handed down its decision in Triple Point Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230. The Court held that a liquidated damages clause would not apply to delayed work that the original contractor did not complete, with potentially far-reaching consequences. In doing so, the Court relied heavily on the reasoning of a century-old Scots House of Lords decision, British Glanzstoff Manufacturing v General Accident Fire & Life Assurance [1913] AC 143. 

On 6 November 2019 PTT was granted permission to appeal to the Supreme Court.

This talk will: (1) address the decision and reasoning in Triple Point; (2) address the reasoning in Glanzstoff and question whether it was apposite to assist the Court in Triple Point; (3) suggest some difficulties raised by the Court’s approach in Triple Point; and (4) propose an alternative approach and reasoning.

This event will be followed by a reception. This event is free and open to all. No registration necessary.