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OUTLOOK: The Commercial, Construction and International Arbitration Podcast

The Commercial, Construction and International Arbitration Podcast is brought to you by the members of the 39 Essex Chambers.

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OUTLOOK: Contracting for the Climate - Five Highlights

In this episode of Construction and the Climate, Ruth and Camilla look back on the ten episodes in the series so far and draw out five key highlights for listeners. Read more  

OUTLOOK: Constructing for the Climate – Greenwashing (with Miles Lockwood)

In this episode Camilla ter Haar and Ruth Keating discuss greenwashing claims with Miles Lockwood. Miles is director of complaints and investigations at the Advertising Standards Authority (ASA). Miles joined the ASA in 2010 and is responsible for l... Read more  

OUTLOOK: Constructing for the Climate – Greenwashing

In this episode, Ruth Keating and Camilla ter Haar discuss greenwashing claims and how they relate to the construction sector. Camilla and Ruth discuss what can be done by the construction sector and those advising construction sector clients, on how... Read more  

OUTLOOK: Constructing for the Climate – The Road to Net Zero

In this episode Camilla ter Haar and Ruth Keating discuss ‘Constructing for the Climate – The Road to Net Zero’ with Victoria Burrows. Victoria is Director of Advancing Net Zero, World Green Building Council’s pioneering, global programme to acceler... Read more  

OUTLOOK: Contracting for the Climate – Sustainability and Responsibility

In this episode Camilla ter Haar and Ruth Keating discuss ‘Contracting for the Climate – Sustainability and Responsibility’ with Tiong Teck Wee.  Tiong Teck Wee is the Co-Head of the Sustainability & Responsible Business Practice and a Partner i... Read more  

OUTLOOK: Building for the Future - Climate Change and the Built Environment

In this episode Camilla ter Haar and Ruth Keating discuss ‘Building for the Future – Climate Change and the Built Environment’ with Stephen Hodder MBE. Stephen is a former RIBA President and established the CIC Climate Change Committee. He is also t... Read more  

OUTLOOK: Building for the Future - Climate Change and Arbitration

In this episode Camilla ter Haar and Ruth Keating discuss ‘Building for the Future – Climate Change and Arbitration’ with Jessica Crow. Jessica is an independent arbitrator (Arbitra International) who specialises in Energy and Natural Resources, Clim... Read more  

OUTLOOK: Trends in Climate Change Litigation - Building for the Future

In this episode Camilla ter Haar and Ruth Keating discuss ‘Building for the Future’ with Joana Setzer Assistant Professorial Research Fellow at the Grantham Research Institute on Climate Change and the Environment, at the London School of Economics a... Read more  

OUTLOOK: Contracting for the Climate

In this episode Camilla ter Haar and Ruth Keating discuss 'Contracting for the Climate' with Becky Annison of the Chancery Lane Project. This episode discusses some of the Chancery Lane Project's model clauses and tips for lawyers on how these clause... Read more  

OUTLOOK Part 3 – Witness Statements in a Changing World

In the third and final part of this this three-part mini series Joe-han Ho, Ruth Keating and Philippe Kuhn discuss the implications of the Witness Evidence Working Group's proposals and how they might, or might not, work in practice. This part also p... Read more  

OUTLOOK Part 2 – Witness Statements in a Changing World

In the second part of this three-part mini series, Joe-han Ho, Ruth Keating and Philippe Kuhn discuss the scope of the proposed reforms put forward by the Witness Evidence Working Group in draft Practice Direction 57AC and accompanying statement of b... Read more  

OUTLOOK Part 1 – Witness Statements in a Changing World

In the first part of this three-part mini series, Joe-han Ho, Ruth Keating and Philippe Kuhn, commercial barristers at 39 Essex Chambers, discuss the issues which have arisen in the preparation of trial witness statements which have led to the propos... Read more  

Adjudicast The TCC Decision in Rochford v Kilhan [2020] EWHC 941

In this episode John Denis-Smith, David Sawtell and Rebecca Drake consider the recent judgment of Mrs Justice Cockerill in Rochford v Kilhan. The judgment in this part 8 claim in the TCC held that under the Housing Grants, Construction and Regenerati... Read more  

Life After Bresco - Part 5: the Court's approach to imposing a stay on enforcement

Even if summary judgment is granted, the insolvent company might find that a stay of execution is granted. This episode will explore the court's jurisdiction to stay execution of the Judgment and the criteria it will apply. Read more  

Life After Bresco - Part 4: Funding adjudication enforcement proceedings brought by insolvent companies

Many of the recent cases involving insolvent companies have involved litigation funding. This episode will explore the issues of ATE insurance, champerty and litigation funding. Read more  

Life After Bresco - Part 3: The TCC's approach to undertakings and conditions

A number of TCC decisions have set out conditions that the insolvent company will have to meet before it summary judgment is granted for enforcement, such as ring-fencing the adjudicated sum. This episode looks at what the TCC will expect to see. Read more  

Life After Bresco - Part 2: Insolvency Set-off and the problem of multiple contracts and disputes

This episode explains what insolvency set-off is, and why it causes problems when it comes to enforcing adjudication decisions. Read more  

Life After Bresco - Part 1: The Decision in John Doyle Construction Ltd in Liquidation vs Erith Contractors Ltd

OVERVIEW: Life After Bresco – adjudication enforcement and insolvencyIn what circumstances can an insolvent company enforce an adjudicator's decision in its favour? The Supreme Court in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services... Read more  

Business Interruption Explained: Causation in Business Interruption Insurance following FCA v Arch Insurance & others

Authors:
In this episode, Neil Block QC discusses causation of loss in business interruption claims related to COVID - 19 following FCA v Arch Insurance and others. Read more  

Business Interruption Explained: Business Interruption Claims in the Covid-19 Pandemic, Prevention of Access and Recent FCA Court Guidance - with Jonathan Bellamy

In this episode, Jonathan Bellamy deals with the topical question of prevention of access insurance cover in business interruption policies in the light of the current Covid-19 pandemic and the  recent court decision in FCA v Arch & ors.This foll... Read more  

Indemnity costs revisited - Clear, Simple, The Brave New World - with Paul Darling QC

In this episode, Paul Darling QC analyses the circumstances in which the Court will award indemnity costs. What if the case was very weak? What if the claim failed when there was a Defendant's Part 36 offer? Will the Court of Appeal interfere with a ... Read more