Welcome to the third instalment of the Adjudication and Adjudication Enforcement webinar and podcast series. In this episode, Harriet Di Francesco and John Steel explore smash and grab vs. true value adjudications.

Harriet and John define these two types of adjudications, highlighting the key distinction between them. They also analyse the jurisdictional implications of smash and grab and true value adjudications for enforcement, with reference to several key cases.

Please note that this podcast does not constitute legal advice and should not be relied on as such.

This year’s International Women’s Day theme is ‘Inspire Inclusion’. In that spirit, Keating barristers Lucy Garrett KC and Emma Healiss have invited three incredibly inspirational women: Emily Monastiriotis (Head of Dispute Resolution at Simmons & Simmons), Kate Corby (Partner at Baker & McKenzie); and Theresa Mohammed (Partner at Watson Farley Williams), to discuss their experiences within the legal and construction industries and how they think this space has become and can continue to become more inclusive. The five women also share advice for those starting out in the industry including pushing the boundaries of your comfort zone and how to tackle imposter syndrome. 

This is the last in our series of podcasts to mark 150 years of the Technology and Construction Courts, a series where we have highlighted some of the key cases where the TCC has influenced the development of the law. 
 

In this episode, Tom Lazur, Brenna Conroy and Charlie Thompson look into the legal black hole and the case of Alfred McAlpine Construction v Panatown, a judgment handed down in 2000. It is one of the few cases where the issue came before the House of Lords twice in relatively short order with St Martins Property v Sir Robert McAlpine having been decided 6 years earlier. The case was focussed on the unusual effect of the application of two legal principles: (1) privity of Contract and (2) the Rule of Damages. 

Tom, Brenna and Charlie discuss the development of the law prior to it reaching a construction context and the background in the McAlpine case before looking at the House of Lords approach in Panatown. They look at the two opposing philosophies demonstrated in this case (the black letter lawyer approach vs the judge led by the merits) and consider what might happen if this sort of issue reached the Supreme Court now.

Please note that this podcast does not constitute legal advice and should not be relied on as such.

This is the fourth in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will choose one leading case from the TCC and review its significance. 

In this special episode Sam Townend KC chairs a discussion between counsel who acted in the first reported case on ten year new-build home insurance policies, Marchant v Caswell [1976] 2 EGLR 23, Lord Grabiner KC (One Essex Court), Professor John Uff, and Dr Christopher Thomas KC.  The participants explain the key facts and summarise the principles derived from the case as well as discussing practice in the 1970s and the development of the TCC in the last 50 years.  

Please see below the time stamps of this episode:
0:00 - Introduction 
3.59 - Case summary 
9.43 - Introduction of speakers
18.35 - First Issue- whether the ten year new-build home warranty is a covenant running with the land? 
26.03 - Second Issue- whether liability under the Policy is triggered by notice of minor damage? 
32.43 - Third Issue- whether actual or constructive notice is sufficient to trigger liability, notwithstanding an express requirement for notice in writing? 
40.06 - Fourth Issue- enforceability of the arbitration agreement in a consumer insurance policy 
43.02 – Consequentials 
45.05- Practice in the 1970s and the development of the TCC

Please note that this podcast does not constitute legal advice and should not be relied on as such.

This is the third in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will choose one leading case from the TCC and review how it has faired over the years, including discussion of subsequent cases that have focused on it.

In this episode James Thompson, Tom Coulson, Tom Walker and Isobel Kamber have taken a slightly different approach to the series and discuss one of the most significant judgments in  very recent case law history, Martlet Homes Limited v Mulalley & Co. Limited [2022]. This is the first decision from the TCC on Fire Safety (External Wall Insulation or “EWI”) following the Grenfell Tower fire in June 2017. The dispute concerned fire safety defects in the external walls of five high-rise towers in Gosport, Hampshire. They discuss the impact of the judgment on the construction industry and its insurers. In a precedent setting decision, the Judge provided clear guidance on the courts’ assessment of the law of causation and what “caused” the cladding to be replaced. 

James, Tom C., Tom W. and Isobel also discuss additional and important cases since Martlet v Mulalley, including St James's Oncology v Lendlease and LDC (Portfolio One) Ltd v (1) George Downing Construction [2022] and how the courts are continuing to take a robust approach to cladding defect claims following Grenfell.

Please note that this podcast does not constitute legal advice and should not be relied on as such.

This is the second in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will chose one leading case from the TCC and review how it has faired over the years, including discussion of subsequent cases that have focused on it.

In this episode Calum Lamont KC and Paul Buckingham KC discuss the scope of ‘fitness for purpose’ obligations in construction contracts, starting with arguably the most important case on this matter in recent times, MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017]. This dispute concerned defects in the Robin Rigg wind farm in the Solway Firth, one of the first offshore wind farms to be developed around the UK, and proceeded from the TCC all the way up to the Supreme Court.  Calum and Paul discuss how the decision has impacted upon the approach of the TCC in subsequent cases and the apparent willingness of the courts to hold the parties to their contractual obligations, even where those obligations are absolute in nature without negligence or lack of skill and care on the part of the contractor.

Please note that this podcast does not constitute legal advice and should not be relied on as such.

This episode, hosted by Marie Sparkes, celebrates International Women's Day and explores 2023’s “embrace equity” theme. It showcases the variety of roles women play within Chambers and highlights the steps Keating have taken towards achieve equity in the workplace.

Marie is joined by Lucy Garrett KC, Alice Sims, Alison Crosland and Amy Barrie who share their experiences, from “unconventional” career paths and challenges they have faced along the way, to positive developments they have seen within the construction industry and at the Bar. Themes emerging through the discussion include the importance of role models, dealing with imposter syndrome, and how to attract and retain female talent at all levels. 

This is the first in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will chose one leading case from the TCC and review how it has faired over the years, including discussion of subsequent cases that have focused on it.

In this episode, Head of Chambers, Alexander Nissen KC, is joined by Jennie Wild and Emma Healiss to discuss the landmark judgment in RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG [2010]. This is a case about contract formation, which eventually went all the way up to the Supreme Court, with the Supreme Court commenting on the perils of starting work without agreeing the precise basis upon which the work is to be done.

Please note that this podcast does not constitute legal advice and should not be relied on as such.

In this podcast, Keating barristers Lucy Garrett KC, James Thompson, Charlie Thompson, Jennie Wild and clerk Jade Clark discuss and myth-bust some of the common misconceptions about life at the Commercial Bar. With varied backgrounds, routes to the bar and experiences to date, they discuss the perception that the Bar can be an isolated place to practice law, finances, clerking and professional support in chambers, diversity, and family life, as well as some of the more specific aspects of construction law and building a practice at Keating Chambers. We hope this podcast will give prospective pupils a unique and honest insight into the world of commercial barristers, and lift the veil on some of the areas not often addressed elsewhere.

Please note that this podcast does not constitute legal advice and should not be relied on as such. 

Having recently announced the date of the Keating Chambers and London Pulse Netball Corporate Cup, this podcast explores our partnership with the club and how Pulse have been raising the profile of women’s sport. Marie Sparkes, our Head of BD and Marketing speaks to Sam Bird, CEO and Director of Netball at London Pulse, and Jennie Wild, one of our junior barristers at Keating Chambers. The three women discuss how netball has impacted their lives positively, the parallels between challenges faced in sport and in the law, and how the Corporate Cup will play an important role in funding Pulse’s community programme and ensuring access to netball for women and girls from diverse backgrounds.