KC Legal Update Winter 2019/20
Date: 20 January 2020
Articles included in this issue:
- Back to the Future – Prospective Issues in PFI/PPP – The time is approaching for many of the assets created under the first generation of PFI projects to be handed back. In this article, Sean Wilken QC discuss what type of disputes may arise and how litigators can best assist in the effective resolution of those disputes.
- Forced Marriages on Construction Projects: The Good, The Bad and The Ugly – This paper was prepared by Justin Mort QC in advance of a panel discussion at the IBA in Korea of the same title. It is concerned with “marriages” forced on construction projects: where a specific subcontractor, consultant or supplier is imposed upon a contractor by the employer.
- Nigeria in the Pipeline to Pay US$9bn Damages as Aborted Processing Plant Runs Out of Gas – David Thomas QC and Brenna Conroy discuss the judgment in the case of P&I Developments v Nigeria, where the High Court enforced a US$6.6bn arbitral award (US$9bn with interest) against the Federal Republic of Nigeria over a failed gas project.
- Abandonment After Amey v West Sussex – This article by Simon Taylor discusses Amey v West Sussex, the questions that it raises and the guidance it provides for contracting authorities considering abandoning a procedure that has gone wrong.
- The Enemy of My Enemy is My Friend: Res Judicata and Common Interest Privilege in Multi-party Litigation – Callum Monro-Morrison discussed the courts’ approach to multi-party construction disputes, with a particular focus on Mr Justice Fraser’s comments in the litigation between Amey LG Ltd, Amey Birmingham Highways Ltd and Birmingham City Council.