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Liquidated Damages UK Supreme Court

Pillsbury - Global Sourcing Practice

Enforceability of Penalties for Late Delivery in the UK: UK Supreme Court Confirms the Law of Liquidated Damages

For some time the position under English law relating to the recovery of liquidated damages from a contractor as penalty for late delivery has been unclear where the contract terminates before the contractor completes the...more

Hogan Lovells

The law on liquidated damages: a comparative approach across common law jurisdictions

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On 9 February 2022, our Hogan Lovells Singapore International Arbitration practice, together with Fountain Court Chambers, co-hosted their fourth annual seminar on contentious areas of commercial law, including the law on...more

Pillsbury - Gravel2Gavel Construction & Real...

Point Taken: The UK Supreme Court Finally Confirms the General Law of Liquidated Damages (LDs)

In a long-awaited decision which overturned the Court of Appeal’s ruling in the Triple Point Technology vs PTT Public Company case, the UK Supreme Court confirmed the general law of LDs, which is that—absent clear words to...more

Vinson & Elkins LLP

Case Update: Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29

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In a decision welcomed by many practitioners in the United Kingdom and further abroad, the Supreme Court of the United Kingdom recently settled the law on the application of liquidated damages in circumstance where a contract...more

Latham & Watkins LLP

UK Supreme Court Affirms “Orthodox” Approach to Liquidated Damages in English Law

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Importantly for commercial parties, the decision indicates that parties are assumed to be aware of this approach. Liquidated damages clauses provide pre-agreed remedies for contracting parties in the event of particular...more

WilmerHale

UK Supreme Court Confirms Correct Approach to Application of Liquidated Damages Clauses When Work Not Completed

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The UK Supreme Court has recently confirmed an important principle regarding the application of liquidated damages clauses. In Triple Point Technology, Inc v PTT Public Company Ltd, the Supreme Court confirmed that, as a...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

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The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

King & Spalding

Supreme Court Clarifies the Position Under English Law on Recovery of Liquidated Damages in the Event of Termination

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Liquidated damages for delay and termination rights are standard and familiar components of construction contracts. However, very few contracts address how liquidated damages operate in the event of termination. The English...more

BCLP

Third time lucky: Supreme Court allows recovery of liquidated damages in Triple Point v PTT

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Those you of you with an interest in construction law will no doubt have heard of the case of Triple Point v PTT, which concerned whether liquidated damages (LDs) are payable in the event of termination. The first...more

Vinson & Elkins LLP

Back To The Traditional Approach: Supreme Court Overturns Court Of Appeal Decision On Liquidated Damages In Triple Point

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The Supreme Court’s recent decision has restored the orthodox approach to interpreting liquidated damages clauses and has brought some certainty following the Court of Appeal’s judgment in 2019. It has also emphasised the...more

White & Case LLP

Construction Contracts: Liquidated Damages Recoverable for Period Prior to Termination

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In Triple Point Technology v PTT, the Supreme Court of the United Kingdom has restored the orthodox position on how termination prior to completion of work affects the operation of a liquidated damages provision. ...more

Bracewell LLP

Liquidated Damages in the Context of a Termination: Supreme Court Reverts to the Status-Quo

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The English Supreme Court has delivered its long-awaited judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29. Although the case concerns a commodity trading software system, it has broad...more

A&O Shearman

UK Supreme Court: liquidated damages survive termination

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The UK Supreme Court has held that accrued liquidated damages survived termination where the contractor never completed the work in question....more

White & Case LLP

Liquidated damages and penalties in Singapore

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Liquidated damages provisions in contracts are unenforceable if they constitute a "penalty". The past few years have seen subtle but important shifts in how the concept of a penalty is defined. A recent decision from the...more

King & Spalding

UK Supreme Court clarifies the law on penalties Cavendish Square Holding BC v Talal El Makdessi [2015] UKSC 67

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The UK Supreme Court has recently clarified the English (and Scottish) law on penalties in the (joint) appeals in Cavendish Square Holding BV v Talal El Makdessi (“Cavendish”) and ParkingEye Ltd v Beavis [2015] UKSC 67...more

Blake, Cassels & Graydon LLP

U.K.’s Revised Law on Liquidated Damages Clauses Could Mean Similar Changes for Commercial Contracts in Canada

Last week, the U.K. Supreme Court (UKSC) changed the law on liquidated damages clauses (LDCs), giving parties greater freedom to decide on damages for contractual breaches. The case may cause Canadian courts to revise the law...more

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