UK
Where are we now on the Interpretation of Contracts? A Cloak and Dagger Tale
Peter Rees QC
January 2016
A paper presented to the Society of Construction Law at meetings in Sheffield on 8th June, Birmingham on 13th October and Tunbridge Wells on 8th December 2015
This paper looks at the impact on the way contracts may be interpreted, following the Supreme Court decision in Arnold v Britton, the extent to which that case has changed both the five principles enunciated by Lord Hoffmann in ICS v West Bromwich, and what seemed to be a trend towards interpreting contracts in the light of commercial common sense.
The Use of Expert Evidence in Resolving Disputes in Common Law Jurisdictions
Kim Rosenberg
December 2015
A paper based on a presentation to the Society of Construction Law conference in Paris on 15th-16th May 2014
Liquidated Damages or Penalty: Cavendish v Makdessi
Joanna Smith QC
December 2015
A paper based on a presentation to the Society of Construction Law at a meeting in London on 3rd November 2015
The Pioneering TCC: Pushing the Boundaries on Litigation Costs
Fiona Sinclair QC, Siân Mirchandani and Roger Mallalieu
December 2015
A paper presented to the Society of Construction Law at meetings in Birmingham on 1st July and London on 8th September 2015
The Modern Construction of Limitation of Liability Clauses
Ben Patten QC and Richard Liddell
October 2015
A paper presented to the Society of Construction Law at meetings in London on 1st December 2014 and Manchester on 11th May 2015
Adjudication Enforcement and Insolvent Companies: The unsatisfactory state of the law
James Bowling
October 2015
A paper based on a talk given to the Society of Construction Law at a meeting in Bristol on 14th May 2015
Prospective Claims for Variations Under FIDIC and NEC3: Evidential and Procedural Issues
Christopher Ennis
October 2015
A paper presented to the inaugural conference of the Society of Construction Law South Africa in Cape Town on 10th September 2015
Delay Damages and Site Conditions: Contrasts in US and English Law
Stephen A Hess and Julian Bailey
September 2015
A paper based on a joint seminar of the American Bar Association and the Society of Construction Law held in London on 3rd March 2015
Equitable Set-Off – A New Direction After Geldof?
Frances Pigott
August 2015
A paper presented to the Society of Construction Law at a meeting in Birmingham on 21st January 2015
Equitable set-off has traditionally been a difficult defence to define. The Court of Appeal in Geldof Metaalconstructie v Simon Carves reviewed a number of important cases and in drawing the threads together has rationalised the test for equitable set-off. In this paper the judgment of Rix LJ is reviewed and the implications of that judgment considered.