Paul Darling KC 1960-2024

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

Deconstructed Liquidated Damages – Review of Recent Developments

Watch this two part webinar on deconstructed liquidated damages, Paul Darling and Richard Wilmot-Smith review recent developments alongside a number of barristers from 39 Essex Chambers.

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

Run in two parts, over successive days, this webinar looks at some of the recently answered and the remaining unanswered questions relating to liquidated damages provisions under English law.

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Wilmot-Smith on Construction Contracts Podcast 9

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.

Wilmot-Smith on Construction Contracts Podcast 8

Damages

In this episode, Paul Darling QC was joined by Ruth Keating to discuss Chapter 12 of the Wilmot-Smith on Construction Contracts on damages. In this podcast they cover:

  • The impact of the decisions of the Supreme Court in Morris Garner v One Step Support Limited and MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another.
  • Recent developments in the law relating to damages and where the law on damages might be heading.
https://player.captivate.fm/episode/bd045054-d571-489d-bc68-9353f1f670d4

Click here to listen to the first 7 podcasts.

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

Wilmot-Smith on Construction Contracts Podcast 4

Certificates and Payment

On the 21st July, Paul Darling QC was joined by David Sawtell to discuss his chapter on certificates and payment in Wilmot-Smith on Construction Contracts:

  • The impact of the decision of the Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 4 All ER 639 on certificates and payment in construction projects.
  • The historical changes and developments in the law relating to certificates, and how this affects construction payment today.
  • The power generation ‘carve out’ from the Housing Grants, Construction and Regeneration Act 1996 and the extent to which this is sustainable in the future.

Click here to listen to Podcast 1 about Exclusions and Limitations on Liability and Podcast 2 Adjudication.

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

Wilmot-Smith Construction Contracts Podcast 6

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.