Triple Point – The UK supreme court endorses the orthodox interpretation of liquidated damages clauses
23 September 2021
The Courts' approach to an Employer or Client's entitlement to liquidated damages for delay in contract termination scenarios has taken a new turn in the latest instalment of the Triple Point saga. In Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29 (Triple Point v PTT), the UK Supreme Court has endorsed the orthodox position: that liquidated damages for a Contractor's delayed completion of works will accrue only until contractual termination (subject to any express wording which provides otherwise), with a right to claim general damages for the period thereafter (subject to any contractual limitations or exclusions). This briefing follows our earlier briefing on the Court of Appeal decision.
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