UK

Gavin Wilson

June 2023

A paper based on the commended entry in the Hudson Prize essay competition 2022

The paper looks at the issue of whether a penal liquidated damages clause can operate as a cap on general damages. It summarises the law on penalties and examines two recent TCC cases: Eco World, in which O’Farrell J stated obiter that a penal liquidated damages clause would cap a claim for general damages, and Buckingham, in which Mr Nissen KC stated obiter that general damages would be uncapped.

John Tackaberry KC

March 2023

A paper based on a presentation to the Society of Construction Law on 5th April 2022 at the Memorial Talk for John Sims and Ray Turner, founding members of the Society. 

Rowan Planterose

March 2023

A paper based on a presentation to the Society of Construction Law on 5th April 2022 at the Memorial Talk for John Sims and Ray Turner, founding members of the Society, and updated following the Law Commission’s Review. 

John Tackaberry KC

February 2023

A paper presented at the Irish Conference of the Society of Construction Law in Dublin on 24th November 2022