08:30

Registration and Coffee

08:30

Registration

09:00

Chair’s welcome and opening comments

09:15

Introduction from Thomson Reuters and Chairman

09:05

Keynote Address

09:30

Keynote speech

Emerging Trends in UK Infrastructure

  • The direction of future infrastructure policy
  • The impact of Brexit on the UK market – funding, financing and skills shortage
  • The future of Pf2?
  • The impact of technology

09:30

Private enforcement and actions for damages

Legal developments and practice points over the last year including:

  • The Consumer Rights Bill and the EU antitrust damages Directive: where are we now?
  • National Grid v ABB & Ors (gas-insulated switchgear)
  • Cooper Tire & Ors v Dow (rubber)
  • Deutsche Bahn & Ors v Morgan Crucible & Ors (carbon and graphite)
  • The MasterCard and Visa interchange fee cases
  • Servier/Alstom foreign “blocking statute” appeals
  • W.H. Newson v IMI on competition damages claims based on unlawful means conspiracy
  • Pro Sys Consultants v Microsoft (Canadian Supreme Court re passing-on)
  • Kone AG & Ors re “umbrella damages” claims 

10:00

Case Law Update

Recent cases of interest to construction lawyers will be reviewed in this session.

11:00

Morning Break

11:00

Q&A

11:30

The view from the Plaintiff/Claimant bar

  • Funding claims in the post-Jackson environment
  • Who to sue – joint and several liability, impact of contribution claims
  • Where to sue – jurisdictional issues and tactics, including anchoring claims to the UK the continued use of ‘Italian torpedo’ tactics
  • What is the permissible scope of a follow-on claim?
  • “Umbrella overcharge” claims for damages

11:15

Morning Break

13:00

Lunch Break

11:30

Fitness for Purpose v. Reasonable Skill and Care – an expensive distinction

Two renewable energy projects; two standards of care; two expensive disputes. What can we learn?

  • The Supreme Court decision in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Ltd and another will be contrasted with the Court of Session decision in SSE Generation Ltd v Hochtief Solutions AG.
  • What obligations did Højgaard undertake? How were those obligations impacted by technical documents?
  • Why did Hochtief avoid liability?
  • What are the consequences for contract drafting?

14:00

Chair’s comments

12:00

Morning Breakout Options

Option 1: Understanding NEC4 Changes – Practical Insights

  • What are the key changes to the NEC4 suite and are there any hidden surprises?
  • Increased role for the Project Manager?
  • Do the changes introduced by NEC4 alter the risk allocation?
  • New alliancing contract and DBO additions
  • Changes to the dispute resolution/avoidance process – how will this work in practice?

14:05

Collective actions: a forward look at the incoming system

Opening Address:

  • A view from the bench: Reflections on recent developments

Panel Discussion:

  • How will collective proceedings work in practice in the UK?
  • How will they be managed by the Tribunal?
  • What sort of collective action cases will we see and how will they be funded?
  • Class certification and the scope for “certification battles”
  • How will the collective settlements regime operate in practice?

Option 2: Privilege in Adjudication Cases

  • Privilege between an in-house lawyer and his internal stakeholders – how are the rules of evidence being applied by the courts in recent adjudication hearings?
  • Without prejudice material
  • Should you use CPR principles in adjudication cases?
  • How do you support and build your case?

15:30

Afternoon Break

13:00

Lunch Break

16:00

Compliance vs. Procurement

The in-house perspective on competition damages claims

  • Bringing competition claims
  • Facing competition claims
  • Advising boards on competition litigation risk
  • Mediation and settlement
  • How to work with external counsel
  • Contending with the ever-increasing criminalisation of competition enforcement

13:45

Afternoon Breakout Options

17:30

Chair’s closing remarks and end of conference

Option 3: Review of proposed changes to new editions of the 1999 FIDIC Suite

  • Key proposed changes – and practical implications for employers and contractors involved in international construction projects
  • Claims procedure, time bars and dispute avoidance board and how these compare with NEC4?

Option 4: The Importance of Being Earnest: Deploying Independent Expert Evidence for Success

  • Purposes of expert evidence: a retreat from Bolam?
  • Instructing experts for adjudication and TCC litigation: lessons learned
  • Presenting persuasive and impartial expert evidence: selling what you’re saying
  • Disclosure rules and experts

14:45

Afternoon Break

15:00

Payment Disputes under Construction Contracts

  • How are the judges interpreting the Construction Act 1996 in recent cases?
  • Tackling the “smash and grab” style of adjudication and identifying fraudulent claims
  • Mitigation strategies for employers, contractors and sub-contractors

15:45

Mock Adjudication

Recent adjudication cases will be reviewed in a series of unruly mock adjudications and consequential enforcement hearings

16:45

Keynote: Developments from the TCC – Guidance from the Bench

17:15

Chairman’s Closing Remarks

17:20

Drinks Reception

*Please note the agenda is subject to change

The page will be updated with further details on the agenda once they are confirmed.