UK

Delivering Infrastructure: International Best Practice - The Contractor's Role

Frank Kennedy

August 2002

A paper based on a talk given to the conference 'Delivering Infrastructure: International Best Practice' organised by the Society of Construction Law, Centre of Construction Law at King's College London, European Society for Construction Law and Society of Construction Arbitrators and held in London on 12th July 2002.

International best practice in the delivery of infrastructure, from the point of view of Europe's largest international construction companies.

Delivering Infrastructure: International Best Practice - The British Experience

Vivien Bodnar

August 2002

The keynote address given to the conference 'Delivering Infrastructure: International Best Practice' organised by the Society of Construction Law, Centre of Construction Law at King's College London, European Society for Construction Law and Society of Construction Arbitrators and held in London on 12th July 2002.

The UK's experience of best practice in public infrastructure development within central civil government.

The Office of Government Commerce - Best practice - Achieving Excellence - Gateway eview.

Delay and Disruption: Legal Considerations

Stuart C Nash

August 2002

A paper based on a talk given to a meeting of the Society of Construction Law in Manchester on 16th April 2002.

Legal considerations of the Society of Construction Law's draft Protocol for Determining Extensions of Time and Compensation for Delay and Disruption, Version for Workshop, May 2002; how the Protocol has dealt with existing UK law and taken on board concepts from US law.

Flexing the Knotted Oak: English arbitration's task and opportunity in the first decade of the new century

John Tackaberry QC
May 2002
A paper given to the Worshipful Company of Arbitrators in London on 7th March 2002.

The aim of the paper is to consider an important aspect of the general approach that arbitrators should adopt, and to consider examples of the tools which have been made available to arbitrators, in the process highlighting the sort of reflection that arbitrators should bring to their use.

Privileged Negotiations

John Tackaberry QC

April 2002

A paper given to the Society of Construction Law in Hong Kong on 22nd November 2001.

John Tackaberry looks at ‘without prejudice’ negotiations, and what it was thought was meant by the term, in particular that the privilege that attached to negotiations no longer applied if a settlement was reached. He looks in some detail at ush & Tompkins Ltd v Greater London Council in the Court of Appeal and House of Lords; he considers ambit of the case, and the extent of the rule ‘once privileged, always privileged’.

Professional Negligence: The Irish and UK Case Law

John ME Lyden

April 2002

A paper based on a talk given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork on 5th March 2001.

The paper looks at the basic principles of the law of professional negligence, some examples of how negligence can arise in practice (with particular reference to the case law of Ireland and the UK) and some aspects pf professional indemnity insurance.

Termination for Convenience

John Tackaberry QC
April 2002
A paper based on those given at meetings of the Society of Construction Law in Hong Kong on 15th November 2001 and London on 9th December 1998.

The author looks at some questions that arise from termination for convenience clauses. Taking a hypothetical clause as a basis, he asks whether even in the context of a widely worded clause, a court is likely to impose some restraints or limits on the power to determine.

Separability - A Tale of Two Agreements

Ben Ring
April 2002
A paper based on the second prize winning entry in the Hudson Prize Competition 2001 presented to the Society of Construction Law in London on 9th April 2002.

The paper looks at how the UNCITRAL Rules and the law of England and the US have sought to protect the doctrine of separability (that the validity of an arbitration clause does not depend upon the validity of the rest