Paul Darling KC 1960-2024

Paul Darling KC: A Leading Advocate, Barrister and King's Counsel

Liquidated Damages Deconstructed

Join a panel of speakers from 39 Essex Chambers over the course of two days as we take a look at recent developments in relation to Liquidated Damages (LDs).

LD clauses can provide a remedy that is predictable and certain. They can avoid the difficult, time-consuming and potentially expensive task of quantifying damages. But drafting an enforceable clause is not straightforward and when a dispute breaks out, it is not always clear whether such a clause will be upheld by Judges, Adjudicators and Arbitrators.

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Triple Point Technology & PTT Public Company – Part 2

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

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.

Webinar – Writing and Publishing Legal Texts

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.

SCL Ireland: Discussion on RIAI Forms of Contract

Join me with the SCL in Dublin, Ireland. I will be moderating a discussion on the RIAI forms of construction contract with the Society of Construction Law on 24th June. More details to follow shortly and registration can be found here.

For my previous webinar with Decipher Consulting on the subject of construction in Ireland, please follow this link.