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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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Episodes

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Episode 24

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

Authors:
Camilla ter Haar , Ruth Keating
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  
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Episode 23

OUTLOOK: Constructing for the Climate – Greenwashing

Authors:
Camilla ter Haar , Ruth Keating
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  
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Episode 22

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

Authors:
Camilla ter Haar , Ruth Keating
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  
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Episode 21

OUTLOOK: Contracting for the Climate – Sustainability and Responsibility

Authors:
Camilla ter Haar , Ruth Keating
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  
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Episode 20

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

Authors:
Camilla ter Haar , Ruth Keating
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  
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Episode 19

OUTLOOK: Building for the Future - Climate Change and Arbitration

Authors:
Camilla ter Haar , Ruth Keating
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  
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Episode 18

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

Authors:
Camilla ter Haar , Ruth Keating
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  
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Episode 17

OUTLOOK: Contracting for the Climate

Authors:
Camilla ter Haar , Ruth Keating
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  
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Episode 16

OUTLOOK Part 3 – Witness Statements in a Changing World

Authors:
Joe-han Ho , Philippe Kuhn
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  
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Episode 15

OUTLOOK Part 2 – Witness Statements in a Changing World

Authors:
Joe-han Ho , Philippe Kuhn
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  
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Episode 14

OUTLOOK Part 1 – Witness Statements in a Changing World

Authors:
Joe-han Ho , Philippe Kuhn
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  
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Episode 13

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

Authors:
Rebecca Drake , John Denis-Smith , Marion Smith KC
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  
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Episode 12

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

Authors:
John Denis-Smith , Rebecca Drake , Marion Smith KC
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  
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Episode 11

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

Authors:
Marion Smith KC , John Denis-Smith , Rebecca Drake
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  
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Episode 10

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

Authors:
Marion Smith KC , John Denis-Smith , Rebecca Drake
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  
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Episode 9

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

Authors:
Marion Smith KC , John Denis-Smith , Rebecca Drake
This episode explains what insolvency set-off is, and why it causes problems when it comes to enforcing adjudication decisions. Read more  
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Episode 8

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

Authors:
Marion Smith KC , John Denis-Smith , Rebecca Drake
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  
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Episode 7

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

Authors:
Neil Block KC
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  
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Episode 6

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

Authors:
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  
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Episode 5

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

Authors:
Paul Darling OBE KC
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  
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