Articles
Our barristers often share their knowledge and experience by publishing articles on a wide range of subjects for leading national and international publications.
We contribute articles to professional and academic journals in the field of construction, energy, alternative dispute resolution, commercial litigation and international arbitration among others. A number of our members are also regular columnists in specialist industry publications. Please see below for a collection of recent articles.
26 July 2017
Mathias Cheung’s article ‘Ethics in the Tender Process: Implied Duty of Good Faith and Remedies for Breach’ for ICLR (International Construction Law Review) has been published in Issue 34 (2017). Mathias’ article consists of a comparative analysis of implied duties of good faith during pre-contractual negotiations/tender processes in common law and also civilian jurisdictions. To...Read more
20 July 2017
In early July this year, receptions were held in London and around the Country to mark the formal launch of The Business and Property Courts. The Lord Chancellor, David Lidington, stated at the Rolls Building: “… how delighted I am to be attending what is a landmark event for our Judges as they lead change...Read more
22 June 2017
Our contract law prizes certainty, as do our firms, except when they are on the receiving end. A recent case confirms our courts’ preference to apply contract terms strictly. Certainty is critical to our contract law. Business people who conclude contracts benefit from knowing how, for example, a court will interpret and apply the terms...Read more
2 June 2017
In this article published in the May 2017 edition of Construction Law, Darryl Royce considers the decision in the Technology and Construction Court of Lulu Construction Ltd v Mulalley & Co Ltd EWHC 1852 (TCC), and says the position relating to debt recovery costs in adjudication remains unclear despite a court ruling that many seem to...Read more
19 May 2017
If Shylock sought to enforce his penalty clause today, would he find vindication in the common law? One cannot help but wonder after the Supreme Court’s decision in Makdessi and Parking Eye. This article is based on Mathias Cheung’s first prize winning entry in the 2015 Hudson Prize Society of Construction Law essay competition. This article revisits...Read more
7 April 2017
Women in Leadership features an interview with Chantal-Aimée Doerries QC as part of a focus on women leaders in law in its Spring issue. Chantal’s interview explores what it means to be a senior female leader in law and ways to address gender inequality in the profession. Women in Leadership aims to “demonstrate that the journey...Read more
7 April 2017
Chantal-Aimée Doerries QC discusses how the Commercial Bar is embracing change and considers the ongoing technology revolution and potential future impact of artificial intelligence. The Spring 2017 issue of Harbour View, published by litigation funder Harbour, is dedicated to the topic of innovation in celebration of its 10th Anniversary. To read the full article please click...Read more
6 April 2017
New Law Journal interviewed the immediate past Chairman of The Bar and newly elected Head of Atkin Chambers Chantal-Aimée Doerries QC for its Movers and Shakers section. The interview discusses Chantal-Aimée’s route into the profession and stresses the importance of wellbeing at the Bar. To read the full interview please click here....Read more
3 April 2017
In the Spring 2017 Issue of TECBAR Review, Darryl Royce discusses the issue of whether adjudication is fit for purpose in disputes of a value between £50,000 and £200,000. To read the full article please click here....Read more
30 March 2017
In his most recent article for Building, Sir Robert Akenhead, with assistance from Omar Eljadi, discusses the case of Harlequin Property (SVG) Ltd & Anor vs Wilkins Kennedy . The case highlights how wrong a construction project can go in the absence of clear contractual arrangements and proper financial controls. It also demonstrates the unique specialist expertise of the...Read more
16 March 2017
In the March edition of Logistics Middle East magazine Serena Cheng QC comments on the potential pitfalls of Khalifa Port’s expansion by viewing the proposed works from both the employer and contractor’s perspectives. Khalifa Port recently announced plans to expand by adding a 1,000-meter quay wall to its container terminal and by deepening the channel...Read more
13 March 2017
In an article for Building magazine Lucie Briggs and Stephen Homer (Ashfords Solicitors) ask whether an adjudication enforcement trumps an insolvency moratorium by examining the January 2017 Coulson J judgment in the case of South Coast Construction Limited v Iverson Road Limited. The case concerned proceedings for the enforcement of an adjudicator’s decision and is...Read more
9 March 2017
In his article for Commodities Now entitled Opportunities & Concerns – The OPEC Agreement and North Sea Oil, Riaz Hussain QC examines the outlook for the oil and gas sector in 2017 following the OPEC Agreement that was reached in late 2016. The article suggests that the impact on the sector will depend upon the...Read more
16 February 2017
In her role as Chairman of the Bar Council for 2016 Chantal-Aimée Doerries QC spoke to the IFLR Women in Buisiness Law Group about the current state of the Bar in relation to attitudes towards women and minorities, reflecting on the progress made in her tenure as Chairman of the Bar Council and the need...Read more
15 February 2017
Following the announcement of the development of the largest marina in the MENA region Steven Walker QC considers the contractual issues such mega projects could generate for those engaged in the delivery of the works. To read the full article please click here. This article was first published in the February 2017 edition of The...Read more
14 February 2017
This paper was originally presented at a legal symposium hosted by Atkin Chambers on 7 November 2016. Contractual interpretation is a key battleground in much commercial litigation. Recent decisions from the UK Supreme Court and the courts in Singapore and Hong Kong appear to show a shift in approach from Lord Hoffmann’s well-known statement of...Read more
13 February 2017
In the wake of the September 2016 OPEC Agreement and the UK’s decision to leave the EU there are signs for both optimism and concern for the North Sea oil and gas sector. In his article for the February edition of Energy, Oil and Gas Riaz Hussain QC explores the potential impact that these external...Read more
22 January 2017
Serena Cheng writes for Gulf Business on how Dubai’s mega-projects can remain on budget and on time, and how employers and contractors involved in mega-projects should develop their contracts....Read more
19 December 2016
Rupert Choat provides a review of the main changes to take place in the world of construction law in 2016. In this article Rupert discusses such issues as changes to insurance, retentions, payment provisions and the new Pre-Action Protocol for Construction and Engineering Disputes. To read the full article please click here. This article was...Read more
8 December 2016
In his article for LexisNexis Mischa Balen explores the court’s approach to concurrent delay in Saga Cruises BDF Ltd v Fincantieri SpA EWHC 1875 (Comm), 167 ConLR 29. In his view, the decision sees the application of the orthodox rules of causation, and there is an important distinction between one-off and continuing events. To...Read more
