Webinars

Date:

Season One of our webinar programme ran in weekly sessions from April to July. After a summer break we are back with Season Two, a fortnightly series of webinars which will usually fall on a Thursday at 10am (UK time). Registration opens a week in advance of each webinar and joining details are sent automatically upon registering.

If you have missed any of our previous webinars, you can access copies of slides and recordings via links below. If you have any queries about future or past webinars, please direct those to Marie Sparkes or Elle Ashman.

Future Webinars

The next webinar in our series will be an “Introduction to Construction Law” on Friday 27 November at 10am. Aimed at junior lawyers and students, Jennie Wild and Emma Healiss will introduce key construction law principles and discuss key cases which have shaped the law in these areas. Register for this event here.

Our final webinar of the year will then be a “2020 Case Law Update” and take place on Thursday 10 December. Details of the speakers and how to register will be released a week before the event.

Past Webinars

“SARS-CoV-2: Six Months Later”

By Sean Wilken QC on Thursday 15 October 2020

Sean revisited his paper and talk from the beginning of lockdown to investigate the impact of the pandemic globally on commercial and construction law and practice.

Recording: A recording of this live webinar is available here. Please note that the information in this video applies to the law at the time of recording (15 October 2020).

Slides: SARS-CoV-2: Six Months Later – Sean Wilken QC

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“Med-Arb and Conciliation”

by Robert Gaitskell QC and Rosemary Jackson QC on Thursday 1 October 2020 at 10am.

Robert and Rosemary considered Med-Arb and Conciliation including what they are, why they work, and problems to watch for. The recording will be available shortly.

Recording: A recording of this live webinar is available here.

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“Public Works Contracts after Faraday”

by Sarah Hannaford QC, Fionnuala McCredie QC, Charles Banner QC and James Frampton on Thursday 17 September 2020.

The panel discussed current hot topics and unresolved questions following the Court of Appeal’s ground-breaking judgment in Faraday Development Ltd v. West Berkshire Council [2019] PTSR 1346, including:

  • Where is the line now drawn between what is and what is not a public works contract?
  • Are VEAT notices still a reliable means of reducing risk and if so in what circumstances?
  • Other recurring issues, including: (i) can Regulation 32 be used for contracts now caught by Faraday? (ii) The Regulation 18 anti-avoidance rule, and (iii) how real is the post-Faraday risk given the reduced pool of potential challengers following Wylde?

Recording: A recording of this live webinar is available here.

Slides: The combined slides can be viewed here.

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“Adjudication After Bresco”

by Adrian Williamson QC on Wednesday 22 July 2020.

Adrian explored the issues arising from the recent decision of the Supreme Court in Bresco Electrical Services Ltd (in liquidation) (Appellant) v Michael J Lonsdale (Electrical) Ltd (Respondent), and the litigation leading up to it, including the Court of Appeal decision. The webinar included a short Q&A.

Recording: A recording of this live webinar is available here.

Slides: Bresco Slides

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“Silks Online Roadshow: Part 2”

by Sarah Hannaford QC, Veronique Buehrlen QC and Adam Constable QC on Thursday, 16 July 2020.

This session was chaired by Veronique Buerhlen QC. Sarah discussed evidence (factual and expert) in arbitration and court: pitfalls and top tips. Adam provided an update on recent arbitration cases in the Courts: applicable law, injunctions, arbitration appeals and enforcement. All three silks then finished with a short Q&A session.

Recording: A recording of this live webinar is available here.

Slides: Arbitration Update 2020 – Adam Constable QC

Factual and Expert Evidence – Sarah Hannaford QC

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“Conflicts of Interest in International Arbitration”

by James Thompson and Jennie Wild on Thursday 9 July

Jennie outlined the principles relevant to conflicts of interest in international arbitration, including the fiduciary duty of loyalty, and related principles such as the Bolkiah test; and (2) consider the application of such principles to expert witnesses in the case of A Company v X [2020] EWHC 809 (TCC). James then considered the position in relation to arbitrator impartiality and the awaited decision of the UK Supreme Court in Halliburton v Chubb, and how some of the major institutional rules deal with challenges to arbitrators. Whilst the focus of the talks were on international arbitration, the principles discussed have wider application.

Recording: A recording of this live webinar is available here.

Slides: The joint slide presentation can be viewed here

Related articles: Jennie and James have previously published articles on group loyalty and arbitrator challenges (respectively) which relate to the contents of their talks. Both articles can be found below.

Challenging Arbitrators In International Arbitration James Thompson (July 2019)

Group Loyalty Jennie Wild (June 2020)

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“Procurement Webinar”

by Sarah Hannaford QC, Fionnuala McCredie QC, Rachael O’Hagan, Simon Taylor, David Gollancz and a special appearance from Charles Banner QC on Wednesday, 1 July.

The panel, chaired by David Gollancz, will covered the following topics:

  • The Rail Franchise Litigation‘ – Fionnuala McCredie QC and Rachael O’Hagan secured a complete victory for the Department for Transport; they will discuss the case and recent judgment (listed as one of The Lawyers ‘Top 20 Cases of 2020’)
  • ‘Amendments to Pleadings and Limitation: Accessible Orthodontics v NHS England‘ – Simon Taylor
  • ‘Procuring and Litigating during COVID-19’ – Sarah Hannaford QC

Recording: A recording of this live webinar is available here.

Slides: The talk slides can be viewed here.

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Silks Online Roadshow” Part 1

by Alexander Nissen QC, Simon Hargreaves QC and Sean Wilken QC on Thursday, 25 June 2020.

Chaired by Alexander Nissen QC, this session covered a talk on contribution proceedings by Simon Hargreaves QC, followed by a session on COVID-19 and its impact on commercial and construction law (including force majeure and construction claims) by Sean Wilken QC. All three silks then took part in a panel Q&A  addressing audience questions.

The recording of this talk is available here and additional useful materials are below. As this talk was given on 25 June 2020 it should be noted that the discussion related to COVID-19 is applicable for that date and effective from 4 July 2020 the law significantly changed.

Simon’s Contribution Proceedings slides

Simon Hargreaves’ Handout

The Civil Liability (Contribution) Act 1978

Sean’s COVID slides *Please note that these slides apply to the law at the time of the presentation (25 June 2020)

Sean’s COVID Article *Please note that this article applies to the law at the time of writing (10 June 2020)

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Construction Law in the Gulf

by Richard Harding QC on Thursday, 18 June 2020.

Richard discussed:

  • the background to the construction booms and busts in the Gulf;
  • the origins of the laws of the region;
  • the modern laws relating to construction disputes; and
  • how best to approach arguing the law.

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Virtual Mediations

by Rosemary Jackson QC, Fionnuala McCredie QC and Robert Evans on Thursday, 11 June 2020.

Rosemary, Fionnuala and Robert offered practical advice on virtual mediations, drawing on their recent experience. They covered issues including pitfalls of remote working, the pros and cons of the technology, how to prepare for the virtual mediation, and best practice arrangements for the day. The main talk was followed by a panel Q&A taking audience questions.

Recording: A recording of this live webinar is available here.

Slides: Fionnuala’s slides can be viewed here.

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Common Pitfalls in International Arbitration

by Sean Wilken QCRachael O’Hagan and John McMillan on Thursday, 28 May 2020.

Sean, Rachael and John discussed common pitfalls in international arbitration from a counsel perspective, with a focus on the construction and energy sectors. They covered issues faced at all stages of the arbitration process including jurisdiction, choice of arbitrators and enforceability. The main talk was followed by a panel Q&A taking audience questions.

Recording: A recording of this live webinar is available here.

Slides: The panel’s slides can be viewed here.

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Remote Hearings

by Tom Owen on Wednesday 20 May 2020.

Tom discussed the law and procedure (including the Coronavirus Act 2020 and Courts Act 2003) as well as providing valuable insight (from his recent experience) into practicalities to consider before, during and after remote hearings.

Recording: A recording of this live webinar is available here.

Slides: Tom’s slides can be viewed here

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“COVID-19: A Force Majeure Event?”

by Adrian Williamson QC, Sean Wilken QC and Matthew Finn on Thursday 14 May 2020.

Matt outlined the general principles relating to force majeure provisions, and explored various issues that may arise when a contracting party seeks to rely upon the COVID-19 pandemic as a force majeure event. Adrian  and Sean then offered their experience, delving into audience questions on the subject.

Recording: A recording of this live webinar is available here. As this talk was given on 14 May 2020 it should be noted that the discussion related to COVID-19 is applicable for that date and effective from 4 July 2020 the law significantly changed.

Slides: Matt’s slides can be viewed here.

Related article: The article by Sean (mentioned in the talk) which discusses the Government’s recent COVID-19 advice and the legal impact on contracts can be downloaded here. *Please note that this article applies to the law at the time of writing (15 May 2020)

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Adjudication Update

by Harry Smith on Thursday 7 May 2020.

Harry gave an update on recent developments in adjudication, including the impact of Covid-19; true value adjudications since S&T v Grove; and the effects of insolvency on the adjudication process.

Slides: Harry’s slides can be viewed here

Article: You may also find his recent article on Broseley London v Prime Asset of interest.

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How to Prove Your Case: Lessons From a Curry House

by Tom Lazur on Thursday 30 April 2020.

Tom shared the background to the remarkable case of Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd [2017] EWHC 1889 (TCC). Although this was largely be a fun war story about a final account claim, there are lessons to be learnt about the management and presentation of witness and expert evidence, the Court’s approach when things go wrong, and how we can all try to make the most of a bad situation.

Recording: A recording of Tom’s talk is available here

Slides: Tom’s slides can be viewed here.

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Practical Guide to Presenting and Defending a Delay Claim

by Lucy Garrett QC on Thursday 23 April.

This included a review of the current position on concurrent delay, the prevention principle, the effect of the Triple Point case and specific reference to the impact of COVID-19.

Slides: To download a copy of Lucy’s presentation slides, please click here.

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