Sweet & Maxwell Professional DevelopmentLegal Conferences

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

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 

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

• 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

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?

• 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?

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?

• 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?

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

• 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?

• 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

• 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

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

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