Tech Disputes Network (TDN) – Need to Know Basis

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Welcome to the Tech Disputes Network’s ‘Need To Know Basis’ podcast series, which offers a convenient way of getting on top of the most important new legal developments and cases involving issues with a technology angle via short podcasts presented by the leading experts in the field. These podcasts offer succinct summaries of the key points to note on the legal topics we all need to know about, in a way that takes up as little of your time as possible. This podcast series is brought to you by the Tech Disputes Network, which is a London-based forum for those engaged with contentious technology issues, which we encourage you to join by registering at disputes.tech to receive information about our upcoming free events and initiatives.

  1. 09/29/2021

    Triple Point Technology Inc v PTT Public Company Ltd - James Howells QC, Robert Fidoe and Matthew Walker

    We are pleased to announce the latest podcast, which is on the topic of the recent Supreme Court decision in Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29. This was a much-publicised decision and may well be familiar to many TDN members. It was much anticipated in certain sectors, following a controversial decision in the Court of Appeal. The issues it decided were threefold: (1) whether an employer only has a right to liquidated damages if the contractor completes the works, or if liquidated damages are still payable if the employer terminates the contract before completion; (2) whether a limitation of liability clause excluding loss caused by "negligence" applies to acts amounting to a breach of a contractual duty to use reasonable care and skill, which do not constitute negligence in tort; and (3) whether a limitation of liability clause excluding claims for which there are "specific remedies expressly identified as such in this contract" nonetheless applies to liquidated damages. These issues are of course of considerable significance to many areas of the disputes market, perhaps in particular IT and construction.  Our panellists for this podcast are James Howells QC of Atkin Chambers, Robert Fidoe of Watson Farley & Williams and Matthew Walker of K&L Gates. James was leading counsel for the successful appellant in the Supreme Court, instructed by a Watson Farley & Williams led by Robert, and Matthew is one of the City’s leading contentious construction lawyers. The Tech Disputes Network are very fortunate to welcome such a distinguished panel to discuss this important case. We hope that you enjoy the podcast.

    52 min
  2. 03/31/2021

    The Legal Relationship between Cryptoasset Investors and Intermediaries - Andrew Spink QC and Hin Liu

    This podcast is about the topical question of the legal basis on which cryptoassets are held on behalf of investors by intermediaries, such as exchanges.  It seems like everyone is a cryptoasset investor these days. The surging value of Bitcoin, increased legitimacy leant to the sector by the recommendations from established institutions, and the long hours the world has spent in front of its laptop without alternative distracton has created a booming market for digital assets, which has expanded beyond cryptocurrencies such as Bitcoin and led to mainstream adoption of formally niche products like NFTs. In short, all the signs are that, as and when dinner parties start becoming a thing again, there's a fairly good chance that you can expect to have your ear bent about how digital assets are the road to riches and, what's more, it might just be an investment professional doing the preaching. However, it’s perhaps less likely (unless of course you are extraordinarily lucky in the dinner parties you get invited to) that discussion will move from talk of enticing returns to the somewhat less enticing legal basis on which cryptoassets are held by intermediaries for investors and, as a result, the nature of the recourse that investors may have vis-a-vis the intermediary if problems arise.  This is an important question, because the majority of cryptoassets are currently held via intermediaries such as exchanges, which offer investors commercial convenience while also often exposing them to risks, such as hacker theft. It's also a difficult question, with this being an area of the law that is in development and full of puzzling complexities. We are therefore very fortunate to welcome two such distinguished practitioners as Andrew Spink QC of Outer Temple Chambers and Hin Lui of Oxford University to explain the key issues. Andrew is one of the country’s preeminent silks, a Deputy High Court judge and the co-head of Outer Temple Chambers, who are increasingly a leader in this space. Hin is a lecturer at Oxford University, the author of academic publications on the topic of this podcast, and legal consultant to Fusang, Asia’s first fully licensed digital stock exchange.

    31 min

About

Welcome to the Tech Disputes Network’s ‘Need To Know Basis’ podcast series, which offers a convenient way of getting on top of the most important new legal developments and cases involving issues with a technology angle via short podcasts presented by the leading experts in the field. These podcasts offer succinct summaries of the key points to note on the legal topics we all need to know about, in a way that takes up as little of your time as possible. This podcast series is brought to you by the Tech Disputes Network, which is a London-based forum for those engaged with contentious technology issues, which we encourage you to join by registering at disputes.tech to receive information about our upcoming free events and initiatives.