David Thomas KC – Privy Council Hearing

Date: 30 April 2024

On 30 April David Thomas KC appeared in the Privy Council before Lord Reed, Lord Hodge, Lord Leggatt, Lord Stephens and Lady Rose to resist a final appeal from the Court of Appeal of Trinidad and Tobago.

David’s clients were the contractors on a major housing development  in Trinidad under the FIDIC Red Book 1999 form. David argued that his clients were entitled to summary judgment on seven unpaid interim payment certificates; and that the Employer’s allegations that there were reasons for concern that some of the work certified had not been carried out, and that there may have been a fraud were of no substance and did not entitle them to specific discovery or to defend the claim.

The employer also alleged that there had been an absolute legal assignment of the seven relevant invoices such that the contractor no longer had the right to claim. David submitted that the assignment was equitable only as it was to secure a loan and his clients retained the right to sue. David was leading Ramesh Maharaj SC and Robert Strang.

The judgment is awaited.