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 the Chapter captures and prospects for the next years. The discussion is wide-ranging, covers life at the Bar, as an academic and touches on being the son of the book’s General Editor Richard Wilmot-Smith QC.

Click here to listen to the first 8 podcasts.

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

Time for Completion

(This podcast was recorded before judgement of Supreme Court in Triplepoint)

In this episode, Paul Darling is joined by Nicholas Higgs to discuss the updates to Chapter 11: Time for Completion in Wilmot-Smith on Construction Contracts. In particular, they discuss the status of the penalty doctrine after Cavendish/Parking Eye, guidance on practical completion from Mears and the application of liquidated damages after termination following Triple Point. The latter case was before the Supreme Court in November 2020 and the judgment is eagerly anticipated for the updates to the fifth edition of the book.

Catch up on the previous podcasts here. 

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

Standard Forms

On the 27th July, Paul Darling was joined by John Denis-Smith to discuss his chapter on standard form contracts in Wilmot-Smith on Construction Contracts. This episode will look at developments in the law in respect of JCT and NEC forms and how it could continue to develop.

• Cases showing the importance of completing the forms (Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWCA Civ 990; Mears Ltd v Shoreline Housing Partnership Ltd [2015] EWHC 1396 (TCC))
• Cases such as concerning express obligations of ‘mutual trust and co-operation’ (Costain Ltd v Tarmac Holdings Ltd [2017] EWHC 319 (TCC))
• Cases where the court’s interpretation of a provision is not quite what may have been intended, such as NEC compensation events (Northern Ireland Housing Executive v Healthy Buildings (Ireland) Ltd [2017] NIQB 43; Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd (No 3) [2018] EWHC 1577 (TCC), 178 Con LR 89

Catch up on Podcast 1, Podcast 2 and Podcast 3 of this series.

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

Mediation and Dispute Resolution

On the 13th July 2021, Paul darling was joined by Edwin Glasgow QC and Marion Smith QC, to discuss their chapter on ‘Mediation and Alternative Dispute Resolution’. This was the third podcast in a series looking at the Wilmot-Smith on Construction Contracts. Vivek Kapoor also joins the discussion as they look towards the future of mediation and ADR for international construction disputes.

Catch up on Podcast 1 and Podcast 2 of this series.

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