Paul Darling QC - Construction and Commercial Barrister

Paul Darling QC is a leading Advocate, Barrister and Queen's Counsel

You are here: Home / Blog

Triple Point Technology & PTT Public Company – Part 2

By

In this second video, Paul summarises the decision of the Supreme Court in Triple Point v PTT on the meaning of negligence in limitation clauses.

On 16th July, the Supreme Court issued judgement in the case of Triple Point Technology and PPT. The appeal raised three main issues, firstly the provision of liquidated damages when contract had been terminated. The second & third issues related to construction of clauses limiting remedies.

In this second video, Paul discusses the construction of clause 12.3, a limitation and liability clause. Paul acted as counsel for Triple Point in the case.

To view the first video which looks at the provision of liquidated damages, click here. Or visit and subscribe to the 39 Essex Chambers YouTube channel.

Triple Point Technology & PTT Public Company

By

On 16th July, the Supreme Court issued judgement in the case of Triple Point Technology and PPT. The appeal raised three main issues, firstly the provision of liquidated damages when contract had been terminated. The second & third issues related to construction of clauses limiting remedies.

Paul acted as counsel for Triple Point in the Supreme Court arguing the liquidated damages point. Paul has given a summary of the decision in this video.

For more like this, subscribe to the 39 Essex Chambers YouTube channel or click here for more videos.

Wilmot-Smith on Construction Contracts Podcast 2

By

Adjudication

Following on from Podcast 1 on exclusions and limitations of liability, Paul Darling QC spoke with David Sawtell, another barrister from 39 Essex Chambers, about his chapter on adjudication in Wilmot-Smith on Construction Contracts. This episode looks at development in the law and how it could continue to develop, focussing on:

  • How the decisions in Grove Developments v S&T (UK) Ltd [2018] EWCA Civ 2448 and Bresco Electrical Services v Michael Lonsdale [2020] UKSC 25 show the state of the law relating to adjudication.
  • The impact of fraud on adjudication.
  • Nomination of adjudicators, and how this will become an issue in the years to come.

To listen to Podcast 1: Exclusions and Limitations on Liability of this podcast click here.

To find out more about what Paul Darling QC has been involved with recently click here.

Wilmot-Smith on Construction Contracts Podcast 1

By

Exclusions and Limitations of Liability

On the 7th July 2021, Paul Darling QC spoke with Jonathan Bellamy and Joe-han Ho, who are also barristers at 39 Essex Chambers, about their chapter on exclusion and limitation clauses in Wilmot-Smith on Construction Contracts. This podcast focuses on broad themes and trends in this area of law, namely:

  • the modern interpretation of exclusion and limitation clauses generally
  • clauses limiting liability to a fixed sum or percentage of the contract sum
  • clauses excluding liability for consequential loss
  • the fairness test for consumer contracts under the Consumer Rights Act 2015

Podcast 2 on Adjudication can be found here.

To find out more about what Paul Darling QC has been involved with recently click here.

Webinar – Writing and Publishing Legal Texts

By

To mark the publication of the Fourth Edition of Wilmot-Smith on Construction Contracts published by OUP, 39 Essex Chambers hosted an informal webinar looking at the trials and challenges of publishing and editing legal texts focussing on the new title.

Richard Wilmot-Smith QC and I join a conversation with Lord Justice Coulson (Author of Coulson on Adjudication also published by OUP and now in its 4th Edition) and Michael McParland QC (Author – the Rome 1 Regulation on the Law Applicable to Contractual Obligations OUP). Kindly moderating the session is Mrs Justice Jefford.

The conversation will discuss the trials and tribulations of writing and updating legal text books. It will start with discussion about how you start a book. Then we examine how you write it and then move on how you then update and develop it. The authors share their experiences, good bad and, hopefully, amusing.

Watch the full recording here.

Useful Links

Paul Darling’s 39 Essex profile

Paul Darling QC

Latest Tweets from @BuildingSilk