Lilly and Doyle: A Common Sense Approach to Global Claims

Anneliese Day QC and Jonathan Cope

May 2013

A paper presented to the Society of Construction Law at a meeting in Edinburgh on 10th April 2013

The case of Walter Lilly v Mackay has reignited the debate on global claims, but has anything really changed and what, if any, differences exist with the position in Scotland under John Doyle v Laing? The authors consider these important points, as well as the practical implications for both parties and tribunals dealing with global claims.

Introduction - What is a global claim? - What are the objections to global claims? (Q1: When can a global claim be brought? - Q2: What are the most effective defences to a global claim? - Q3: How should a tribunal determine the value of a global claim? - Q4: How can a contractor avoid having to make a global claim?) - Conclusion.

The authors: Anneliese Day QC is a barrister practising at 4 New Square, London and Jonathan Cope is a director of MCMS Ltd and chairman of the RICS Dispute Resolution Professional Group.

Text 23 pages.