Atkin Chambers’ pupil barrister Max Twivy has won the Society of Construction Law Hudson Prize 2018 for his essay entitled ‘The prevention principle after North Midland v Cyden Homes: Time for a change?’.
The paper summarises the current law on the prevention principle. It then addresses three issues thrown up by the recent Court of Appeal decision of North Midland v Cyden Homes: the juridical basis of the principle; the relationship between extension of time provisions and the exclusion of the principle; and the prevention principle in cases of concurrent delay. The essay concludes by suggesting that the effect of setting time at large is an antiquated consequence of applying the prevention principle. It proposes a reform of the law which would enable the prevention principle to continue to give effect to its fundamental purpose whilst better respecting the doctrine of freedom of contract.
1.The prevention principle today
2.Basis of the prevention principle: Rule of Law or implied term
- Cyden Homes: implied term analysis
- Rule of law analysis
- Does it matter? Displacing the prevention principle
- A suggested reconciliation
3. Extensions of time and exclusion of the prevention principle
4. The prevention principle and concurrent delay
5. Conclusion: Suggested reform
To purchase a copy of the paper, please go to the SCL website.