Professor Peter Hibberd

October 2006

A paper given to the King's College Construction Law Association on 24th November 2005.

The author considers first what single-point design responsibility is, why it is pursued, and how it has been and is being sought.  He then moves on to consider the way contractual arrangements have developed, the wording that has been used and the extent to which the contract forms have been successful in achieving their objectives in regard to liability for design. 

Paper summary

D72: Courts v Construction - Accrual of a Cause of Action for Payment in Engineering Contracts

Wendy MacLaughlin

Ronan Champion

August 2006

A paper based on a commended entry in the SCL Hudson Prize essay competition 2005.

When an asset is destroyed or damaged through negligence, in what circumstances is the full replacement cost the appropriate measure of damages? Or if the claimant thus obtains some advantage (‘betterment'), should this be evaluated and deducted from the damages? onan Champion explores English, Canadian, Australian and New Zealand caselaw and suggests that the right way forward is to accept – in appropriate cases – deductions for betterment.

Michael Blacker

July 2006

A paper given to a meeting of the Society of Construction Law in London on 7th March 2006.

Michael Blacker takes a personal and critical look at the legal profession, dispute resolution and to some extent the construction industry itself.

Introduction - The legal profession - The industry - Projects work - Mediation - Adjudication - Arbitration and litigation - Conclusion.

The author is Head of Legal at Amec Plc.

Text:  6 pages

PDF file size: 45k

Steve Bamforth

July 2006

A paper given to a meeting of the Society of Construction Law in Southampton on 21st March 2006.

Gillian Birkby

July 2006

A paper based on a talk given to the Society of Construction Law in London on 4th April 2006.

The egulations and Approved Code of Practice are (at the time of publication) still in draft and the paper is based on the drafting current at April 2006 when the talk was given.  Gillian Birkby looks at the background to the new revision and the philosophy behind it before going through some of the proposed new provisions.

Lord Justice Dyson

July 2006

A paper given to a joint meeting of the Society of Construction Law and the Technology and Construction Bar Association in London on 6th December 2005.

What are the recurring themes in the courts' search for principles to determine when a public body owes a duty of care in negligence?

Julian Bailey

May 2006

A paper based on the second prize entry in the SCL Hudson Prize essay competition 2005 presented to a meeting of the Society of Construction Law in London on 2nd May 2006.

Introduction - What is a quantum meruit? -  Historical origins of the alternative quantum meruit remedy - Subsequent 19th century cases - Post-19th century cases - Discussion  - Conclusion.

Philip Britton

May 2006

A paper based on the first prize entry in the SCL Hudson Prize essay competition 2005 presented to a meeting of the Society of Construction Law in London on 2nd May 2006.

Introduction - A recent example: Hunter v Canary Wharf - Legal background - The limited relevance of planning law - Assessing and managing 'neighbour risk' - The worst-case scenario  - Conclusions.

Dr Julian Critchlow, Alastair Farr, Steve Briggs, John Hammond, Keith Pickavance and Professor Anthony Lavers

March 2006

A series of papers first presented by the Society of Construction Law, in association with the Centre of Construction Law & Management King's College London, at King's College on 18th October 2005.