“The Prevention Principle after North Midland v Cyden Homes: Time for Change?” – Max Twivy for the ICLR

“The Prevention Principle After North Midland v Cyden Homes” by pupil barrister Max Twivy appears in the most recent issue of The International Construction Law Review – the leading authority on international construction law.

His article considers the consequences of the English Court of Appeal decision in North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744; [2018] BLR 565; 180 Con LR 1 and the Court of Appeal’s conclusion that the juridical basis of the prevention principle was the implication of a term prohibiting acts of prevention by the Employer, rather than operating as a rule of law or legal principle.

According to the ICLR: “After undertaking a comprehensive analysis of the international jurisprudence on the issue, the author suggests that reform to the application of the principle is needed. While the consequences of the prevention principle can be harsh, it is argued that the principle continues to serve an essential purpose in disallowing a party from benefiting from its own act of prevention. Therefore, a middle ground is proposed: rather than setting time at large, the Employer should be prevented from levying liquidated damages only in the periods of delay which have been caused by the Employer’s own acts. This article will continue to spark debate between many readers.”

Max Twivy will join Atkin Chambers as a tenant in September 2019, following the successful completion of his pupillage. He came directly to the Bar after finishing his undergraduate History degree at the University of Cambridge, from which he graduated with a starred double first. At BPP law school, Max ranked first in the country in two consecutive years, on both the law conversion course and the Bar course.