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.
