OUTLOOK: The Commercial, Construction and International Arbitration podcast

In the second part of this three-part mini series, Joe-han Ho, Ruth Keating and Philippe Kuhn discuss the scope of the proposed reforms put forward by the Witness Evidence Working Group in draft Practice Direction 57AC and accompanying statement of best practice. Major reform proposals include: (i) Certificates of Compliance; (ii) listing of documents seen by the witness; and (iii) providing detailed descriptions of the process.

In the third and final part of this this three-part mini series Joe-han Ho, Ruth Keating and Philippe Kuhn discuss the implications of the Witness Evidence Working Group's proposals and how they might, or might not, work in practice. This part also provides 10 must-know points on the proposed reforms.

In the first part of this three-part mini series, Joe-han Ho, Ruth Keating and Philippe Kuhn, commercial barristers at 39 Essex Chambers, discuss the issues which have arisen in the preparation of trial witness statements which have led to the proposed reforms in draft Practice Direction 57AC. This episode sets the backdrop for the problems which have arisen in practice and which have built to the proposals put forward by the Witness Evidence Working Group.

In this episode John Denis-Smith, David Sawtell and Rebecca Drake consider the recent judgment of Mrs Justice Cockerill in Rochford v Kilhan. The judgment in this part 8 claim in the TCC held that under the Housing Grants, Construction and Regeneration Act 1996 (the “Act”) the final date for payment must be a fixed period of time from the due date, and cannot be linked to the provision of invoices.

Even if summary judgment is granted, the insolvent company might find that a stay of execution is granted. This episode will explore the court's jurisdiction to stay execution of the Judgment and the criteria it will apply.

Many of the recent cases involving insolvent companies have involved litigation funding. This episode will explore the issues of ATE insurance, champerty and litigation funding.

A number of TCC decisions have set out conditions that the insolvent company will have to meet before it summary judgment is granted for enforcement, such as ring-fencing the adjudicated sum. This episode looks at what the TCC will expect to see.

This episode explains what insolvency set-off is, and why it causes problems when it comes to enforcing adjudication decisions.

In John Doyle Construction Limited (in liquidation) v. Erith Contractors Limited [2020] EWHC 2451 (TCC), Fraser J explained the principles to be applied and the procedure to be adopted. This episode looks at what the TCC decided.

In this episode, Neil Block QC discusses causation of loss in business interruption claims related to COVID - 19 following FCA v Arch Insurance and others. 

Jonathan Bellamy's episode deals with the topical question of prevention of access insurance cover in business interruption policies in the light of the current Covid-19 pandemic and the recent court decision in FCA v Arch & ors.

In this episode, Paul Darling QC analyses the circumstances in which the Court will award indemnity costs. What if the case was very weak? What if the claim failed when there was a Defendant's Part 36 offer? Will the Court of Appeal interfere with a first instance Judge? 

In this episode Marion Smith QC looks at recent case law dealing with third party costs orders. She considers how the court ensures that a liability for costs is shared fairly as between the losing party and (1) an expert and (2) a third party funder. 

What were the early experiences from the Pilot? What has amounted to “good reason” in notable cases? How will the Court deal with phases if it finds there is a good reason to depart?  Shaman Kapoor covers the ground in this episode.

In this episode, Judith talks about the problems in costs management caused by the divide between incurred and budgeted costs, and the recent changes to PD3E.  She also talks about budget revision and yet more changes to come to budgeting, with a whole new procedure for revision.

Peter Hurst, former Senior Costs Judge, with an introduction to the four episodes in the ‘Current Topics in Commercial and Construction Costs' mini-series.