Regardless of their field of specialisation, most lawyers have some familiarity with the refrain that ‘before you can have an arbitration you must have an agreement to arbitrate’, together with the notion that ‘party autonomy’ and ‘party consent’ are central to the idea of arbitration. However, the contours of an arbitration agreement and the boundaries of a party’s consent to arbitration are not always clear-cut.[Read more…]
Available to watch online now, this re-run of the in-person seminar held in May 2023 contains critical information for anyone involved in construction. It is particularly relevant for anyone affected by the Building Safety Act 2022. We discuss the applicability and likely impact of the act for parties across the sector.[Read more…]
I was pleased to once again join solicitors Trowers & Hamlins for a new episode of their podcast ‘legally brief’. In this episode, hosted by Olivia Jenkins, I join fellow barrister Ruth Keating of 39 Essex Chambers to discuss formulating winning case strategies.
Over the course of this half-hour discussion, we cover:
- How to set objectives and stay on course as the case develops.
- Deciding the best forum to resolve the dispute and the danger of rushing into adjudication.
- Identifying your opponent from the parties involved.
- Avoiding disputes and costly legal fees.
- Our experiences of early neutral evaluation.
- How to pick your legal team.
Listen to the podcast below, or visit the Trowers and Hamlins website for more insights and podcasts from the ‘legally brief’ series.
On 25th November, Paul Darling QC joined Barton Legal for a webinar on ‘How to stay away from lawyers’. In this webinar, Paul and Bill were joined by Martina Hess from CES Consulting Engineers. Watch the video recording below.
The team looked at how to minimise the risk of needing legal advice and disputes. They examined a range of topics, from risk in construction contracts to good faith and projects relationships, concluding with what to do if you cannot avoid a dispute.[Read more…]