![]() ![]() Triple Point issued proceedings for the recovery of outstanding sums. The work was delayed and, following a dispute concerning the payment of invoices, PTT terminated the contract. The contract was subject to the laws of England and Wales. PTT contracted with Triple Point to replace an existing commodities trading system and develop it to accommodate new types of trade. It remains to be seen what the Supreme Court will make of Sir Rupert’s judgment. It was held that Triple Point did not apply to an amended 1999 Silver Book. Triple Point was considered by Mrs Justice Cockerill DBE in the TCC. This was a major departure from construction industry practice and understanding. Sir Rupert Jackson gave the leading judgment, suggesting that where the contractor fails to complete the project, general damages at common law may be a more logical remedy than liquidated damages up to the date of termination, with general damages thereafter. Triple Point was a case heard in the English Court of Appeal in March 2019 concerning the operation of liquidated damages clauses in the event of termination of a bespoke form of software contract. PBS Energo AS v Bester Generacion UK Ltd and others EWHC (TCC) Triple Point Technology, Inc v PTT Public Company Ltd EWHC 2178 (TCC) Triple Point Technology, Inc v PTT Public Company Ltd EWCA Civ 230
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