Douglas James, 4 New Square, Benedict Morillo, Crown Office Chambers
This is another bumper edition. With no fewer than 22 items to peruse, it should see you into, if not through, your holidays. There are 9 articles, a blog piece, a seminar address, a webinar, a podcast, a press release, an event report, a mentoring scheme update, Susan's Francombe’s Chair’s Notes, a new scenario to ponder, Fenwick Elliott’s case notes, and finally some warm reflections on two AS members who have, sadly, recently passed.
This content reflects the breadth, vigour and internationality of the Society’s membership and interests. Peter Barnes and Seán Mac Labhraí discuss key changes in the new JCT DB 2024 form. Craig Halliday considers the advantages of adjudicators deciding that “more than” a ‘pay less’ sum should be paid. Peter McLean-Buechel brings a Scottish perspective to the question of adjudicators’ exhausting their jurisdiction. In two pieces, James O’Donoghue reflects on Ireland’s Construction Contracts Act 2013 and offers an Irish perspective on February’s decision in Wordsworth v Inivos. Claire King considers the evolution of (arguably unnecessarily complex) notices of dissatisfaction under the NEC forms. Len Bunton showcases the Conflict Avoidance Process in England and Scotland (see also his press release for the Conflict Avoidance Coalition). Dean O’Leary recounts the history and development of time bar provisions in UAE law.
So, too, does this edition reflect the Society’s commitment to training and sharing expertise (and good company): Austin Williams presents an impassioned plea for architects to be taught about law, liability and dispute resolution; Trevor Drury shares his tips, tricks and pitfalls of adjudication in a reworking of his AS Southwest and Wales seminar with the CIArb; Morwenna Crichton discusses the launch of the New Practitioners’ Group and gives an update on the flourishing (but always ready to flourish further) mentoring schemes; David Sawtell discusses ‘fresh’ delay expert evidence; Watson Farley Williams shares its Spring Update; and Fenwick Elliott provides its latest update of detailed case notes.
Rounding everything off are Susan Francombe’s chair’s notes and ‘scenarios’ and two pieces that give pause to remember two industry stalwarts, John Nicolson and Martin Potter.
We are grateful to everyone for their contributions, and to Bernadette Barker for banging the drum for the newsletter. We welcome all contributions. Please do get in touch with Bernadette or us if you have any ideas for an article or – as this edition amply shows – something in any format you think best.
We wish you a happy and healthy summer.
Douglas James
Benedict Morillo
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