UK

Under the UK system of statutory adjudication in relation to construction, it is essential, in order to attain the aims of the legislation, that scope for challenging adjudicators' decision should be limited. In his prize winning paper, Julian Bailey considers the accepted grounds of challenge to an adjudicator's decision, in order to resist enforcement proceedings in court. He argues that adjudicators should be seen as exercising power derived from statute and thus are subject to public law; and discusses the implications of this approach.

What might the plain language movement have to teach the drafters of standard form contracts and of statutes concerned with construction?

Professor Anthony Lavers

April 2008

A paper given to the European Society of Construction Law in Stockholm on 26th August 2006

Against the background of theongoing UK SCL's studies in ethics and the formulation of the Statement ofEthical Principles, a questionnaire containing a number of ethical issues wassent to each member of the European Society of Construction Law, and theresponses collated for comparative purposes.   In this p

Hamish Lal

February 2008

A paper presented to the Tyndall Centre for Nuclear esearch, University of Central Lancashire on 9th October 2007

Martin Howe

December 2007

A paper based on a talk given to the Society of Construction Law in Southampton on 9th October 2007

Alan W Shilston

January 2008 (edited and reprinted in memory of the author)

A paper given to a joint meeting of the Society of Construction Law and Society of Construction Arbitrators in London on 2nd June 1992.

In this SCLpaper from 1992, reprinted in memory of the author, Alan Shilston reflects onthe need for co-operation between those making a contribution to construction,the obstacles to its achievement and ways in which it can be encouraged.  Aspects discussed

Keith Pickavance

December 2007

A paperpresented to the inaugural meeting of the Four Counties branch of the Societyof Construction Law in  Milton Keynes on 22nd March 2007.

Mr Justice Robert Akenhead

December 2007

A paper presented to the Society of Construction Law and Technology and Construction Bar Association in London on 3rd December 2007.

What light does the MelvilleDundas case (2007), the first Housing Grants, Construction andegeneration Act case to reach the House of Lords, shed on the interactionbetween contractual payment provisions, the 1996 Act and insolvency?  MrJustice Akenhead analyses how the case arose, the speeches in the Lords and theimplications for the future.

Baroness Usha Prashar CBE and HH Judge Frances Kirkham

November 2007

A paper given to a meeting of the junior branch of the Society of Construction Law at King's College London on 22nd November 2006.

This two-part paper traces the changes which led to the creation of the Judicial Appointments Commission, which started work in 2006, and its approach to its functions. Baroness Usha Prashar CBE discusses the JAC; and HH Judge Frances Kirkham, also a Commissioner, considers pathways into the judiciary and the attractions of a judicial career.

Hamish Lal

September 2007

A paper based on that awarded the inaugural Norman Royce Prize by the Society of Construction Arbitrators, given to a joint meeting of the Society of Construction Law and the Society of Construction Arbitrators in London on 5th June 2007.

Where a construction contract includes a clauseimposing a time-bar on claims by the building contractor, what effect doesfailure to lodge (or notify) a claim within