Construction

This is the first in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will chose one leading case from the TCC and review how it has faired over the years, including discussion of subsequent cases that have focused on it.

In this episode, Head of Chambers, Alexander Nissen KC, is joined by Jennie Wild and Emma Healiss to discuss the landmark judgment in RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG [2010]. This is a case about contract formation, which eventually went all the way up to the Supreme Court, with the Supreme Court commenting on the perils of starting work without agreeing the precise basis upon which the work is to be done.

*slight correction to note following this recording, the first instance decision in RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG was given by The Right Honourable Sir Christopher Clarke.

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A Point of Planning Law in a Construction Dispute: Clin v Walter Lilly in the Court of Appeal

What constitutes ‘Demolition’ under S74 of the Planning (Listed Buildings and Conservation Areas) Act 1990? In this episode, Charlie Banner KC and John Steel discuss the Court of Appeal decision in Clin v Walter Lilly & Co. Ltd [2021] EWCA Civ 136 which addressed that very question. The podcast seeks to contextualise the decision of the Court in the history of the litigation, the relevant planning statutes and the applicable case law, namely the House of Lords decision in Shimizu [1997] 1 WLR 168. The discussion features an analysis of the Court of Appeal’s decision and the submissions of the Parties before the Court.