SCL International

UK

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

Damages in the Shadow of a Penalty Clause - Tripping over policy in the Search for Logic and Legal Principle

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

Where the sum stipulated in a penalty clause is penal, the clause will not be enforced by a court. The author considers whether or not such a

The Use and Development of Mediation Techniques in UK and International Construction Disputes

Keith Brandt

February 2002

A paper given at the Chartered Institute of Arbitrators conference ‘East Greets West: New Opportunities for Dispute esolution’ in Hong Kong on 2nd February 2002.

The paper looks at the use and development of mediation techniques in the context of construction disputes. It puts mediation in the context of recent developments in the UK and looks at some practical issues and problems, the international scene and recent innovations( particularly the ICC AD ules) dispute review boards and partnering.

Concurrent Delay

A paper given at a meeting of the Society of Construction Law in London on 5th February 2002.

The paper discussed the correct approach to contractors’ claims arising out of concurrent delay in the execution of construction projects. It looks at the meaning of the expression ‘concurrent delay’ and the differing approaches to the assessment of claims which have attracted support in the industry, both in the UK and other common law jurisdictions.

Corporate Killing - A New Offence

Bridge Bird & Noy Trounson

February 2002

A paper given at a meeting of the Society of Construction Law in Nottingham on 17th July 2001.

The paper looks at the Government’s proposals (announced in October 2001) to introduce a new offence of corporate killing to hold companies accountable for behaviour for which an individual would be liable to a charge of manslaughter, and at the Government’s plans to revitalise health and safety.

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