UK

Oxalic Acid and the applicable law: the Rome Convention and construction

Philip Britton
A paper based on the first prize entry in the Hudson Prize Competition 2002 presented to the Society of Construction Law in London on 6th May 2003

This paper aims to answer two questions on the rules of choice of law, contained in the Rome Convention (the Convention on the Law Applicable to Contractual Obligations of 1980) implemented for the UK by the Contracts (Applicable Law) Act 1990: how do these uniform European rules of choice of la

The doctrine of penalties and the 'absurd paradox' - does it really matter in 2003?

Hamish Lal
May 2003
A paper based on the second prize entry in the Hudson Prize Competition 2002 presented to the Society of Construction Law in London on 6th May 2003.

The author examines the view that the doctrine of penalties has no application to a clause which provides for the payment of an agreed sum on the happening of a specified event rather than upon a breach of contract (the principle).

The Expert Witness' Liability in Negligence

Jonathan Selby

April 2003

A paper based on the commended entry in the Hudson Prize Competition 2002.

The author looks at the privileged position enjoyed by expert witnesses, following the House of Lords' decision in Hall v Simons , being the only professional participants in the court process who enjoy immunity from suit from actions in negligence other than judges (arbitrators and adjudicators). He also considers how water tight that blanket immunity might be, following the decision.

Procurement

Tom Connolly

February 2003

A paper based on a talk given to a meeting of the Society of Construction Law in Sheffield on 24th September 2002.

The author explains that the adversarial nature of the construction industry causes inefficiency and clients who have tried ‘partnering’ have themselves experienced problems; as a result many organisations have been developing bespoke procurement strategies. He argues that whatever strategy is adopted its success will depend upon achieving the eight fundamentals which he sets out.