Triple Point Technology Inc v PTT Public Company Ltd

The UK Supreme Court provides clarity for the operation of liquidated damages clauses in construction, commercial and technology contracts

August 02, 2021
On 16 July 2021, the UK Supreme Court handed down a judgment in Triple Point Technology Inc v PTT Public Company Ltd that will provide welcome clarity in relation to the drafting and interpretation of liquidated damages clauses in construction, commercial and technology contracts. The judgment also deals with the relationship between liquidated damages clauses and caps on liability.

In this briefing we summarise the decision and suggest some approaches to drafting liquidated damages clauses (and related caps on liability), with a view to avoiding the kind of dispute that arose in the case.