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SCL PAPERS: 1984-1998

All the following papers are available in hard copy only, apart from those marked with an asterisk which are no longer in print. For details about how to obtain these papers, please return to our main papers page.

For papers given from 1999 onwards, click here.


77

Certificates and Set-offs by Employers
Cormac O'Dúlacháin, 19 October 1998

76

Defence Estate Organisation Building Down Barriers Project
Clive Cain, 8 September 1998

75

Tree Rootes Liability Pruned Back - Who pays now in subsidence cases?
Richard Stead and Anthony Lavers, 18 June 1998

74

The GC/Works and PC/Works Series: New Government Construction Contract and their Public and Private Sector Use
Andrew Pike, London, 2 June 1998

73

Enforcing ED Public Procurement Rules
His Honour Judge Geddes, 7 April 1998

72

Hudson Prize 1997, 2nd place:
Arbitration and Judicial Review in Scotland
Richard McLoughlin QC

71

Hudson Prize 1997, winner:
The Effect of Letters of Intent
John McGuinnes

70

Decennial Insurance in France
Gerard Honig, 21 October 1997

69

Construction and Environmental Risk: A New Approach? Seeking the Wisdom of Solomon
Denzil Millichap, 7 October 1997

68

Liability and Insurance Reforms in Australia
Kim Lovegrove, 23 September 1997

67

The EU Directives on Public Procurement - The Danish Experience
Jens Jordahn and Katja Høegh, 7 May 1997

66

Adjudication: Can contracts be drafted so as to stop lawyers wrecking them?
Ronald Walker QC and Anthony Speaight QC, 11 March 1997

65

Party Autonomy and the Decision in Crouch
David Streatfield-James, March 1997

64

Deciding Disputes - Common Ground Between Judgements and Arbitration Awards
His Honour Judge Peter Bowsher QC, 5 November 1996

63

Hudson Prize 1996, 2nd place:
Can a contractor’s failure to perform a contractual obligation constitute an acceptance of an anticipatory breach by the employer.
Richard Lyndon

62

Hudson Prize 1996, winner:
Some Aspects of Good Faith and Fairness in the Formation of Construction and Engineering Contracts
Paul Bick

61

Terms of an Arbitral Appointment
Ray Turner, 8 October 1996

60

Judicial Procedures - The Way Forward
His Honour Judge Kershaw QC, 13 June 1996

59

Suitable Sub-Contracting Arrangements
Rudi Klein, BA, Secretary to the Specialist Engineering Contractors Group and John McGuinness BSc, MSc, MCIOB, of Symonds Travers Morgan, London 6 February 1996

58

Concurrent Delays
Iain Wishart, FRICS MAE, Managing Director of Fairway Construction Consultants Limited, London 4 June 1996

57

Final Certification - Revisited
Anthony Lavers LLB, M.Phil, PhD, ACIArb, Professor of Law in the School of Real Estate Management at Oxford Brookes University and Consultant to the Construction Group at Barlow, Lyde and Gilbert, Birmingham 14 May 1996

56

Court Experts
His Honour Judge James Fox-Andrews, QC, Official Referee, London 1996

55

In at the Deep End with the House of Lords
John Cartwright, MA BCL, Tutor in Law at Christ Church Oxford, and Anthony Lavers, LLB, M.Phil, PhD, ACIArb, Professor of Law in the School of Real Estate Management at Oxford Brookes University, London 5 December 1995

54

Litigation or Arbitration Options for Resolution of Construction Law Disputes
The Honourable Lord Hamilton, Senator of the College of Justice, Edinburgh 15 November 1995

53

The FIDIC Contract Forms: The Present and Future
The Patrick McCreight Memorial Lecture given by John Bowcock, Chairman of ACE and FIDIC Contracts Committee, London 7 November 1995

52

Partnering in Construction
Sally Roe, Partner of Freshfields, Solicitors, London November 1995

51

Deciding Construction Disputes: A Sea Change after Woolf
Mr Justice Anthony May, London 10 October 1995

50

Security for Costs under Section 726(1) Companies Act 1985
Michael Black QC, Manchester, 7 September 1995

49

Creative Implication: Implied Terms in Construction Contracts,
John Redmond, Partner, Laytons Solicitors, London 4 July 1995

48

Provisional Proposals of the Law Commission for the Reform of Privity of Contract
Professor Andrew Burrows, a Law Commissioner, London 4 April 1995

47

The Effect of the Final Certificate
Anthony Lavers, Reader in Law at Oxford Brookes University, Manchester 2 March 1995

46

Hudson Prize 1994, winner:
An Analysis of the Risks Inherent in the Build-Own/Operate - Transfer Method of Infrastructure Procurement
Helen Payne, Barrister

45

The Price of Justice
The Right Honourable Sir Thomas Bingham MR, London 11 October 1994

44

Management of Legal Risks in Construction,
Professor Phillip Capper, Partner at Masons, Solicitors, Wales, 21 September 1994

43

Developments in the Law of Tort
Robert Akenhead QC, Manchester 20 September 1994

42

Limiting Claims
John Powell, QC, Former President of the Society, 5 July 1994

41

Overcoming Insolvency Success Stories of the 1990s Recession
Richard Davis, Partner at Masons, Solicitors, London 17 April and Manchester 7 June 1994

40

The Architect’s Responsibility for Inspection or Supervision
Anthony Lavers, Reader in Law at Oxford Brookes University Manchester 22 February 1994

39

To “B” or “D & B”? Design and Build in the 90s
A Joint Paper given by Martin Lenihan, Barrister and Legal Adviser to John Lain plc, and John Redmond, Partner, Laytons Solicitors, 8 March 1994

38

Be Careful Out There - The New Arbitration Bill
V V Veeder QC, 8 February 1994

37

Hudson Prize 1993, winner:
The Ascertainment of Damages for Delay in Construction Contracts: Liquidated and Unliquidated Damages
Jonathan Hosie, Baker & McKenzie, Solicitors, 27 January 1993

36

Professional Negligence - Concurrent Duty of Care
Rupert Jackson QC, and John Powell QC, (this Paper is distributed in place of the Paper given by Rupert Jackson QC on 6 July 1993)

35

Assignment after “Linden Gardens”
John Cartwright, Tutor in Law, Christ Church Oxford, 27 July 1993

34

Some Reflections on ADR in America
Professor Justin Sweet, Professor of Law, University of California (Berkley), Manchester 10 June 1993

33

Saving Time and Costs in Arbitration
W Ray Turner, London 8 June 1993 and Manchester 28 October 1993

32

The Official Referees’ Courts Today and Tomorrow
His Honour Judge Newey QC, Senior Official Referee, 6 April 1993

31

Harmonisation of Construction Liability in the EC
Joseph Huse, Avocat of the Paris Bar, and Nigel Blackaby, Solicitor; both of Freshfields Solicitors, 2 February 1993

30

Hudson Prize 1992, winner:
Payment for Materials or Goods not yet Incorporated in the Works
D E Ballard, Deputy Director of the British Constructional Steelwork Association Ltd,
8 December 1992

29

Amending the JCT Contracts
Andrew Pike, Partner, Simmons & Simmons, Solicitors, 6 October 1992

28

The Official Referees Solicitors Association
John Bishop, Senior Partner of Masons, Solicitors, and Robert Fenwick Elliott, Senior Partner of Fenwick Elliott & Burns, Solicitors, 7 July 1992

27

The Obligation to Co-operate What does this involve?
Alan W Shilston, Consulting Engineer and Arbitrator, 2 June 1992

26

Michael Brown Foundation Inaugural Lecture
Professor Hugh Beale, Chair, School of Law, University of Warwick, A Centre of Construction Law publication, 5 March 1992

25

Some Practical Problems of Ascertaining Loss and Expense
John Sims, Chartered Quantity Surveyor and Building Contracts Consultant, 3 March 1992

24

Negligence in the Construction Industry - Is Insurance the Answer
William Gloyn, Vice President Insurance Olympia & York Canary Wharf Ltd, non-executive director of Bain Clarkson Commercial Property Services Ltd, 4 February 1992

23

Hudson Prize 1991, winners:
(1st) Michael Webster, Developments in the Methods of Managing Construction Projects in the UK, USA and France: From Hard Hats to Thinking Caps
(2nd) Stephen Weatherill, Cartel Busting in the Construction Industry Joint Siobhan Leslie The British and Dutch Construction Industry
(3rd) Andrew Pike, Construction Management and the JCT Contracts

22

The Interplay of Contract Terms and Common Law,
John Uff QC, Nash Professor of Construction Law at King’s College London, London 5 November 1991and Bristol 28 September 1993

21

To Catch a Unicorn
Donald Bishop CBE, Emeritus Professor of Building, University College of London, 6 October 1991

20

Assignment of Causes of Action between Successive Owners of Property,
Anthony Speaight QC, 2 July 1991

19

Towards a New Arbitration Act,
The Honourable Mr Justice Steyn, Chairman, Department Advisory Committee on Arbitration Law, 5 February 1991

18

Is the Contractor Responsible for Design?
Richard Fernyhough QC, 4 December 1990

17

The Interventionist Court,
His Honour Judge Peter Bowsher QC, 6 March 1990

16

The Use and Abuse of Collateral Warranties in Construction,
Anthony D Woolf, Senior Partner, Freedman & Company, Solicitors, 6 February 1990

15

Unfair Terms in International Construction Contracts,
Leonard Fletcher, President, Society of Construction Law , 4 July 1989

14

The Tort Rollercoaster in a Building Context,
John L Powell QC, Vice President, Society of Construction Law, 4 April 1989

13

Remedies upon Insolvency: The New Regime
Professor I F Fletcher, Professor of Law at University College of Wales, Aberystwyth, 6 December 1988

12

Management Contracting: Low Risk for Contractor - Low Recovery by Employer,
Peter W B Barber, Solicitor, Clifford Chance, Prize Paper 1988

11

Practice Today in the Official Referees’ Courts,
His Honour Judge James Fox-Andrews QC, Official Referee of the Supreme Court, 5 July 1988

10

Supervision: An Architect’s View,
Francis Goodall MA(Cantab), FRIBA, FCIArb, 5 April 1988

9

Litigating the Major Construction Case,
James J Myers, Gadsby & Hannah, Construction & Engineering Law Group of Boston, Massachusetts USA, March 1988

8

*Recent Developments in the Recovery of Interest and Financing Charges,
Andrew W Foyle, Partner of Lovell White & King, Solicitors, 6 October 1987

7

*Rules of Conduct for the Engineer,
John N Barber MA, LLB, CEng, MICE, ACIArb, Prize Paper 1987

6

Extensions of Time under the ICE Conditions of Contract,
Martin Barnes BSc(Eng), PhD, CEng, FICE, FCIOB, MBCS, ACIArb, 3 February 1987

5

North Sea Construction Contracts,
Alistair Rettie LLB, 2 December 1986

4

*Unforeseen Circumstances,
Jacobus Rozemond, Advocate - Amsterdam, 4 March 1986

3

Civil, Building, Electrical and Mechanical Works Combined,
D R Culverwell MA, FICE, FCIArb ,7 January 1986

2

The Position on Claiming Interest,
John Sims FRICS, FCIArb, ,1 May 1984

1

Professional Services and their evaluation,
Alan W Shilston BSc(Eng), FICE, FCIArb, 7 February 1984