Paul Darling KC 1960-2024

Paul Darling KC: A Leading Advocate, Barrister and King's Counsel

Wilmot-Smith on Construction Contracts Podcast 5

Standard Forms

On the 27th July, Paul Darling was joined by John Denis-Smith to discuss his chapter on standard form contracts in Wilmot-Smith on Construction Contracts. This episode will look at developments in the law in respect of JCT and NEC forms and how it could continue to develop.

  • Cases showing the importance of completing the forms (Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWCA Civ 990; Mears Ltd v Shoreline Housing Partnership Ltd [2015] EWHC 1396 (TCC))
  • Cases such as concerning express obligations of ‘mutual trust and co-operation’ (Costain Ltd v Tarmac Holdings Ltd [2017] EWHC 319 (TCC))
  • Cases where the court’s interpretation of a provision is not quite what may have been intended, such as NEC compensation events (Northern Ireland Housing Executive v Healthy Buildings (Ireland) Ltd [2017] NIQB 43; Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd (No 3) [2018] EWHC 1577 (TCC), 178 Con LR 89

Catch up on Podcast 1, Podcast 2 and Podcast 3 of this series.

To find out more about Paul Darling QC and what he has been involved with recently click here.

Wilmot-Smith on Construction Contracts Podcast 3

Mediation and Dispute Resolution

On the 13th July 2021, Paul darling was joined by Edwin Glasgow QC and Marion Smith QC, to discuss their chapter on ‘Mediation and Alternative Dispute Resolution’. This was the third podcast in a series looking at the Wilmot-Smith on Construction Contracts. Vivek Kapoor also joins the discussion as they look towards the future of mediation and ADR for international construction disputes.

Catch up on Podcast 1 and Podcast 2 of this series.

To find out more about what Paul Darling QC has been involved with recently click here.

Wilmot-Smith on Construction Contracts Podcast 2

Adjudication

Following on from Podcast 1 on exclusions and limitations of liability, Paul Darling QC spoke with David Sawtell, another barrister from 39 Essex Chambers, about his chapter on adjudication in Wilmot-Smith on Construction Contracts. This episode looks at development in the law and how it could continue to develop, focussing on:

  • How the decisions in Grove Developments v S&T (UK) Ltd [2018] EWCA Civ 2448 and Bresco Electrical Services v Michael Lonsdale [2020] UKSC 25 show the state of the law relating to adjudication.
  • The impact of fraud on adjudication.
  • Nomination of adjudicators, and how this will become an issue in the years to come.

To listen to Podcast 1: Exclusions and Limitations on Liability of this podcast click here.

To find out more about what Paul Darling QC has been involved with recently click here.

Wilmot-Smith on Construction Contracts Podcast 1

Exclusions and Limitations of Liability

On the 7th July 2021, Paul Darling QC spoke with Jonathan Bellamy and Joe-han Ho, who are also barristers at 39 Essex Chambers, about their chapter on exclusion and limitation clauses in Wilmot-Smith on Construction Contracts. This podcast focuses on broad themes and trends in this area of law, namely:

  • the modern interpretation of exclusion and limitation clauses generally
  • clauses limiting liability to a fixed sum or percentage of the contract sum
  • clauses excluding liability for consequential loss
  • the fairness test for consumer contracts under the Consumer Rights Act 2015

Podcast 2 on Adjudication can be found here.

To find out more about what Paul Darling QC has been involved with recently click here.

Webinar – Writing and Publishing Legal Texts

To mark the publication of the Fourth Edition of Wilmot-Smith on Construction Contracts published by OUP, 39 Essex Chambers hosted an informal webinar looking at the trials and challenges of publishing and editing legal texts focussing on the new title.

Richard Wilmot-Smith QC and I join a conversation with Lord Justice Coulson (Author of Coulson on Adjudication also published by OUP and now in its 4th Edition) and Michael McParland QC (Author – the Rome 1 Regulation on the Law Applicable to Contractual Obligations OUP). Kindly moderating the session is Mrs Justice Jefford.

The conversation will discuss the trials and tribulations of writing and updating legal text books. It will start with discussion about how you start a book. Then we examine how you write it and then move on how you then update and develop it. The authors share their experiences, good bad and, hopefully, amusing.

Watch the full recording here.