08:30
Registration and Coffee
08:30
Registration
09:15
Introduction from Thomson Reuters and Chairman
- Jancyn Gardiner Senior Editor, Practical Law Construction, Thomson Reuters
- John Hughes-D’Aeth – Chairman Partner, Engineering, Construction and Procurement, Berwin Leighton Paisner
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
- James Stewart – Keynote speaker Chairman, Global Infrastructure, KPMG
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
- Mark Sansom Partner, Freshfields Bruckhaus Deringer
- Fergus Randolph QC Barrister, Brick Court Chambers
10:00
Case Law Update
Recent cases of interest to construction lawyers will be reviewed in this session.
- Stephen Furst QC Barrister, Keating Chambers
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
- Jon Lawrence Partner, Freshfields Bruckhaus Deringer
- Sarah Lee Barrister, Brick Court Chambers
- Jonathan Sinclair Partner and Head of Competition Litigation, stewartsaw
- Boris Bronfentrinker Partner, Hausfeld & Co
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?
- Fenella Mason Partner, Burness Paull
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?
- Katherine Evans Principal Solicitor, Carillion
- Jonathan Hart Partner, Pinsent Masons
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?
- Marcus Smith QC Chairman, Competition Appeal Tribunal
- Aidan Robertson QC Barrister, Brick Court Chambers
- Rob Murray Partner, Mishcon de Reya
- Bea Tormey Partner, Freshfields Bruckhaus Deringer
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?
- Roger Stewart QC Barrister, 4 New Square
- Jonathan Cope Director, MCMS Limited
- Suber Akther Senior Litigation Lawyer, Siemens
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
- Christopher Rother Head, Department of Competition and Anti-trust Law, Deutsche Bahn AG
- Margaret Grey Barrister, Brick Court Chambers
- Martin McElwee Partner, Freshfields Bruckhaus Deringer
- Kim Dietzel Partner, Herbert Smith Freehills
13:45
Afternoon Breakout Options
17:30
Chair’s closing remarks and end of conference
- Deirdre Trapp Partner, Freshfields Bruckhaus Deringer
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?
- Sarah Thomas Partner, Pinsent Masons
- Helen Waddell Partner, Pinsent Masons
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
- Fiona Sinclair QC Barrister, 4 Pump Court
- Ewen Maclean Director, Blackrock PM
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
- Paul Reed QC Joint Head of Chambers, Hardwicke Chambers
- David Thorne Partner, Construction & Projects, RPC
- Andrew Wickham Assistant Group Legal Counsel, Canary Wharf Contractors Limited
15:45
Mock Adjudication
Recent adjudication cases will be reviewed in a series of unruly mock adjudications and consequential enforcement hearings
- Alexander Nissen QC Barrister, Keating Chambers
- Lucy Garrett Barrister, Keating Chambers
- James Thompson Barrister, Keating Chambers
- Ben Sareen Barrister, Keating Chambers
- Tom Coulson Barrister, Keating Chambers
16:45
Keynote: Developments from the TCC – Guidance from the Bench
- The Hon. Mrs Justice O’Farrell DBE – Keynote speaker High Court Judge, TCC
17:15
Chairman’s Closing Remarks
- John Hughes-D’Aeth – Chairman Partner, Engineering, Construction and Procurement, Berwin Leighton Paisner
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.