THE SWEET & MAXWELL CONSTRUCTION
LAW CONFERENCE 2010

CONFERENCE CHAIR

Paul Darling QC, Keating Chambers

KEYNOTE SPEAKER

Lord Justice Jackson

SPEAKERS

Nicholas Baatz QC, Atkin Chambers

Jeremy Glover, Fenwick Elliott

Sarah Hannaford QC, Keating Chambers

Richard Harding QC, Keating Chambers

David Robertson, Fenwick Elliott

Victoria Russell, Fenwick Elliott

Jonathan Selby, Keating Chambers

Julie Stagg , Fenwick Elliott

David Streatfeild-James QC, Atkin Chambers

David Thomas QC, Keating Chambers

SPEAKER BIOGRAPHIES

Paul Darling joined Keating Chambers in 1985 and has since established a formidable reputation as an advocate in all types and levels of tribunals all over the world. His expertise is wide ranging across all areas of construction and engineering law.

Paul is well known for his advocacy skills and in particular for cross-examining and arguing appeals. He has considerable experience of leading large teams in long and heavy cases. He also regularly advises on both non-contentious and contentious aspects of bespoke and standard terms of Building and Engineering Contracts.

Paul places particular emphasis on his commercial instincts and skills and is the Chairman of the Football Licensing Authority and Member of Horseracing and betting Levy Board. His reputation as an advocate means that he is often instructed in areas of work outside of Chambers’ case work, such as Sale of Goods and Bloodstock.

Lord Justice (Rupert) Jackson has been a Lord Justice of Appeal since 2008. He was called to the Bar (Middle Temple) in 1972, having been President of the Cambridge Union in 1971.

He was born on 7 March 1948, and educated at Christ’s Hospital and Jesus College, Cambridge University.

He was appointed as a Queen’s Counsel in 1987, and his first judicial appointment was as a Recorder, between 1990 and 1998, and as a Deputy High Court Judge 1993-98. He was Chairman of the Professional Negligence Bar Association 1993-95, and made a Bencher of Middle Temple in 1995.

In 1999 he was appointed as a High Court Judge in the Queen’s Bench Division. He was the Judge in Charge of the Technology and Construction Court (TCC) 2004-07.

In January 2009 he was asked by the Master of the Rolls to undertake a comprehensive review of civil litigation costs. He produced a major Preliminary Report in May 2009, and the final report was formally published in January 2010. He is a member of the Judicial Steering Group on implementation of the review.

Nicholas Baatz QC is a Specialist in domestic and international litigation and arbitration in the construction, engineering and infrastructure, IT and telecommunications, energy and natural resources, transport and professional negligence sectors. He has handled many high profile, high value, complex and difficult matters representing a variety of suppliers, manufacturers, contractors, employers and their professional advisers. Nicholas has acted in numerous arbitrations under varying rules in relation to disputes arising out of projects all over the world, acting for many overseas clients, including German, French, Swiss, US, Japanese and multinational Joint Ventures. He regularly acts as an arbitrator, adjudicator and mediator.

Nicholas is Editor of Building Law Reports 1986-1998 and Technology and Construction Law Reports 1999-2002, Co-Author of Hudson’s Building and Engineering Contracts (forthcoming 2010), and Author of numerous relevant articles and papers including for SCL (forthcoming 2010). He is a Fellow of the Chartered Institute of Arbitrators and the Society for Advanced Legal Studies, London. He is a Member of COMBAR, TECBAR, SCL and LCLCBA. Nicholas has an M.A. (Jurisprudence) and Bachelor of Civil Law, Christ Church, Oxford.

Jeremy Glover joined Fenwick Elliott LLP over 10 years ago, becoming a partner in 2002. His experience, both at home and abroad, stretches across the whole life of a project from procurement to all forms of dispute resolution. He is the lead editor of Building Contract Disputes: Practice and Precedents and the co-author of Understanding the FIDIC Red Book: a clause by clause commentary.

He is an accredited adjudicator and secretary of London and South Region of the Adjudication Society.

Sarah Hannaford QC is a member of Keating Chambers specialising in construction, engineering and energy disputes with a particular focus on procurement law regularly advising and appearing on behalf of Government bodies, local authorities and industry clients on complex procurement issues in both domestic and international disputes.

Sarah has been involved in many of the leading procurement cases including Croft House Care Ltd v Durham County Council, European Dynamics SA v HM Treasury (sued as Buying Solutions), Amaryllis Ltd v HM Treasury, R (on the application of the Law Society) v Legal Services Commission & the Lord Chancellor and BFS Group Ltd v (1) Secretary of State for Defence (2) Purple Foodservice Ltd.

Sarah is described in the legal directories as a leader in the fields of Construction and EU Procurement, having a "punchy and pragmatic style," and is seen as a "formidable yet approachable opponent” by Chambers and Partners guide to the Bar.

Richard Harding QC specialises in construction and engineering disputes arising out of major projects in the UK and Middle East. He studied Arabic and Persian at Oxford University and was then called to the English Bar. He appears as counsel in the English Courts and in international arbitrations, and is also regularly appointed as an arbitrator in international matters.

His cases have included projects concerning: oil and gas, railways, airports, roads and civil engineering, factories and process engineering, power generation, commercial and residential property, coal mining, professional negligence, marine works and a theme park.

He has a working knowledge of Arabic, German, Spanish and French, and some Persian, and regularly acts in cases under the laws of the Middle East, in particular under those of the UAE, Egypt, Qatar, Kuwait and Jordan. He is the current and founder Chairman of the Society of Construction Law in the Arabian/Persian Gulf, and is the Middle East co-ordinator for the ICC Task Force on the enforcement of foreign arbitration awards.

David Robertson has a wide range of experience advising public and private sector clients in contentious and non-contentious matters, mainly relating to construction, energy and infrastructure projects. David has advised clients in a range of large international arbitration matters including arbitrations under ICC, ICSID, UNCITRAL and ad hoc rules. He has also advised clients in disputes before the English, New Zealand and Australian Courts.

David has drafted and advised on project documentation and dispute resolution for infrastructure and energy projects in the UK, Turkey, India, Pakistan, Australia, New Zealand, Europe and throughout the Middle East. David has also advised government and commercial clients on a range of international law issues including jurisdiction, conflict of laws, bilateral and multilateral investment treaty rights, treaty interpretation, enforcement of arbitral awards and international environmental law.

Victoria Russell’s contentious work focuses on litigation, arbitration and adjudication claims for a wide range of clients including developers, universities, schools, main contractors, local authorities and trade associations. She is a Technology and Construction Solicitors Association-registered adjudicator and a member of the adjudicator panels of a number of construction industry organisations. She is also a Centre for Effective Dispute Resolution accredited mediator with extensive experience in alternative dispute resolution.

Victoria has dealt with issues on projects ranging from offices and motorways to hospitals, laboratories, housing developments, airports, factories, waste to energy plants and power stations in the United Kingdom and overseas. A number of her cases in the High Court and in the Court of Appeal have been reported.

Jonathan Selby was called to the Bar in 1999 specialising in Construction and Engineering, Energy and Professional Negligence claims (architects, engineers, surveyors and valuers) and has written several articles on expert witness immunity. Jonathan has amassed extensive knowledge of all forms of contracts including the JCT and NEC standard forms.

Jonathan is highly regarded and has previously been described as having '...an incredibly old head for such young shoulders' which is highlighted in his reported case of Harr v Rusby [2006] EG 177, where he represented his client in the Court of Appeal to claim a favourable Judgment.

Jonathan regularly acts in high value litigation, in particular in the Technology and Construction Court, and has also represented clients in the Privy Council. Jonathan is often instructed to act for clients through the adjudication process and to represent clients at mediation.

Jonathan is an accredited Adjudicator and accepts both party and nominating body appointments.

Julie Stagg has specialised in construction law since qualification and advises on non-contentious matters for a broad range of clients including major developers, banks, institutional investors, universities, housing associations, RLS, retailers, professionals and contractors. Her experience includes advising on procurement structures, risk profiles, tendering procedures, drafting and negotiating building contracts (including bespoke agreements for specific clients) and construction due diligence for investment purposes.

Julie also advises on insolvency issues, construction aspects of agreements for lease, development agreements, agreements for sale and facility agreements. Julie has some knowledge of EU procurement and is also familiar with Public and Private Partnership arrangements in the health care sector, such as NHS LIFT schemes.

David Streatfeild-James QC is a member of Atkin Chambers. He was called to the Bar in 1986 and appointed a Silk in 2001. David’s practice covers domestic and international arbitration and litigation in the construction and civil engineering fields with a particular emphasis on large, high value, legally, factually and technically complex cases. He is also frequently engaged upon energy related projects and on behalf professional advisors.

In addition to his experience as an Advocate he is frequently appointed as an Arbitrator. David acts for a wide range of clients all over the world including foreign and domestic government departments, private employers, contractors, sub-contractors and professionals. Much of the work undertaken in recent years has been international in nature and includes advising on large scale projects, both on-shore and off-shore, in South East Asia, China and Hong Kong, the Middle East, Europe, North America and Australasia. Such matters include dealing with issues arising out of the construction and development of major hotel and leisure complexes, shopping centres, sports stadia, residential and mixed use developments, roads, tunnels, railways and other major infrastructure.

David Thomas QC was called to the Bar in 1982 and appointed Queen's Counsel in 2002. His expertise lies in construction, engineering, energy, technology, related professional negligence, insurance and general commercial work. Throughout David’s career he has been known for his forceful advocacy, cross-examination skills, commercial awareness and the incisiveness and practicality of his advice. He has been consistently recommended by leading legal publications such as Chambers and Partners and the Legal 500.

David enjoys leading the team in litigation and arbitration and working with clients and experts on strategy and detailed preparation. He is an experienced mediator and mediation advocate.