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3PB's international construction and arbitration barrister Philip Bambagiotti (pictured here) has predicted looming ahead, building defects litigation over unsafe cladding in Australia, despite attempts to settle issues in NSW and Victoria. In a wide-ranging article for The Urban Developer, Philip outlines that cladding is far from a settled issue in Australia, with NSW’s Project Remediate expected to run until 2024, and Victoria’s scheme until 2025. Despite funding schemes in place, commentators say the total costs...
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3PB's construction and engineering barrister Nick Kaplan, pictured here and instructed on a direct access basis through Harris Consulting International, acted for Kent-based plumbers Bexheat in the Technology and Construction Court (TCC) at the Royal Courts of Justice in London in the case of Bexheat Ltd v Essex Services Group Ltd 2022 WL 01158724 (2022), with judgement handed down by Mrs Justice O’Farrell DBE. The case was brought by Nick's client Bexheat ("BHL") for summary...
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James Davison, 3PB’s specialist construction law barrister (pictured here) has reviewed the case of Avantage (Cheshire) Limited and others v GB Building Solutions Limited (In Administration) and others [2022] EWHC 171 (TCC) The Technology and Construction Court (TCC) refused to grant summary judgment against the claimant, in a claim brought against a fire engineering consultant in tort. The court was not persuaded that the claimant had no realistic prospect of establishing that the defendant had...
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Distinguished arbitrator and barrister Philip Bambagiotti, pictured here, from 3PB Barristers (3 Paper Buildings) who practises from chambers in London and Sydney, has been appointed as an arbitrator of the Shenzhen Court of International Arbitration (SCIA) and included on their panel of arbitrators for a three-year term until February 2025. Established in 1983 at the start of China’s reform and opening-up, the SCIA (also known as the “South China International Economic and Trade Arbitration Commission”,...
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3PB Head of Construction and Neutrals Peter Collie (pictured here) will be speaking at FIDIC’s International Contract Users’ virtual conference on 7 and 9 December 2021. A member of FIDIC’s Contracts Committee, Peter will take part in the Committee’s update session on 7 December 11:20-12:00, looking into the Committee’s recent (2021 Green Book, Covid-19 Guidance Memorandum for Consultant’s Services) and imminent publications (Guide to the 2017 Suite of Contracts, etc.), as well as their on-going...
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Head of Construction and Neutrals Group Peter Collie will talk at the UAE-English Law Day, part of a panel focusing on Sustainable construction and renewable energy on Thursday 25 November at the Waldorf Astoria Dubai International Financial Centre, Al Mustaqbal St - Za'abeel - DIFC - Dubai. Click here to view the event’s programme and to book your space. The event is part of the UK Legal Services trade mission to the UAE from 22...
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3PB’s pupil barrister Jakob Reckhenrich (pictured here) has analysed the case of Readie Construction Limited v Geo Quarries Limited [2021] EWHC 3030 (QB). By way of background, Section 49 of the Sale of Goods Act 1979 prescribes the circumstances in which the seller is entitled to sue for the price. The seller has to demonstrate either that property in the goods has passed (which will be problematic if the contract contains a retention of title clause), or that the...
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3PB’s specialist commercial and construction barrister Seb Oram (pictured here) has analysed the Supreme Court case Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29 for Lexis Nexis. This case is significant for those who draft commercial contracts (particularly construction and technology contracts) in which parties include provisions to quantify damages in advance, or to cap their liabilities. It is also significant for commercial litigators, since it explains when and how such...
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3PB’s Peter Collie is one of the panel of experts speaking at tomorrow’s Chartered Institute of Arbitrators’ free webinar on Wednesday 25th August @ 9:30 am GMT +1. Click here to register. When it was introduced 25 years ago, adjudication was intended to provide a quick-fire, low-cost mechanism for resolving construction disputes. Since that time, concerns developed that the process was becoming a prohibitively expensive option for dealing with lower value disputes. Some argue that...
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3PB’s specialist construction law barrister James Davison (pictured here) has reviewed the case of Curtiss and others v Zurich Insurance plc (t/a Zurich Building Guarantee and Zurich Municipal) and another [2021] EWHC 1999 (TCC) for Lexis®PSL. The judgment provides a framework for the approach courts will be inclined to take when applying the new limits set out in the Disclosure Pilot; and is a must-read for all property and construction law practitioners. In the Curtiss...
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Watch a discussion of the legal issues surrounding aluminium cladding in the UK in the context of developments elsewhere in the world, notably in Australia. David Parratt KC and Philip Bambagiotti, specialist construction law barristers at 3PB, share their thoughts in this short video:
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David Parratt KC (Scot) spoke at the RICS Dispute Resolution Service (DRS) Wider Vision Symposium Programme on the topic of 'Thinking differently about disputes in a changing environment'. Speaking about the quality of expert evidence from a QC perspective alongside Guy Fetherstonhaugh QC and Oliver Radley-Gardner QC, the panel discussed the growing concern, again, in the English and Scottish courts over the quality of expert evidence in valuation and other cases.
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