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TCC150 Series: Episode 5 - Alfred McAlpine Construction v Panatown [2000]
Manage episode 398582738 series 3450802
Keating Chambers에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 Keating Chambers 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
This is the last in our series of podcasts to mark 150 years of the Technology and Construction Courts, a series where we have highlighted some of the key cases where the TCC has influenced the development of the law.
In this episode, Tom Lazur, Brenna Conroy and Charlie Thompson look into the legal black hole and the case of Alfred McAlpine Construction v Panatown, a judgment handed down in 2000. It is one of the few cases where the issue came before the House of Lords twice in relatively short order with St Martins Property v Sir Robert McAlpine having been decided 6 years earlier. The case was focussed on the unusual effect of the application of two legal principles: (1) privity of Contract and (2) the Rule of Damages.
Tom, Brenna and Charlie discuss the development of the law prior to it reaching a construction context and the background in the McAlpine case before looking at the House of Lords approach in Panatown. They look at the two opposing philosophies demonstrated in this case (the black letter lawyer approach vs the judge led by the merits) and consider what might happen if this sort of issue reached the Supreme Court now.
Please note that this podcast does not constitute legal advice and should not be relied on as such.
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