Construction Law, Costs and Contemporary Developments: Drawing the Threads Together: A Festschrift for Lord Justice Jackson

by Julian Bailey (Editor)

Overview

Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era.

The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.

Product Details

ISBN-13:	9781509943975
Publisher:	Bloomsbury Academic
Publication date:	01/28/2021
Pages:	416
Product dimensions:	6.14(w) x 9.21(h) x 0.85(d)

About the Author

Julian Bailey is a Partner at White and Case LLP.

Table of Contents

Preface v

Table of Cases xi

Table of Statutes, Treaties and Regulations xxvii

List of Contributors xxxi

Part I Introduction

1 A Judicial Career of Many Parts Julian Bailey 3

Part II The Technology And Construction Court

2 Lord Justice Jackson and the Evolution of the Technology and Construction Court Lord Justice Coulson 39

Part III Costs

3 The Jackson Review: Its Rationale and Objectives Lord Clarke of Stone-cum-Ebony 47

4 The Jackson Reforms and Technology & Construction Court Litigation Sir Antony Edwards-Stuart 63

Part IV Construction Adjudication

5 A Second Bite Adrian Williamson QC 75

6 Of Special Character Steven Walker QC 91

7 An Open Mind Rachael O'Hagan 107

Part V Construction Contracts

8 Fitness for Purpose Obligations Michael Curtis QC 127

9 The Legacy of Williams v Roffey: Death Knell for Consideration or Infusion of New Blood? Mindy Chen-Wishart 143

10 Of Chocolate Mousse and Good Faith Shy Jackson 165

Part VI Negligence & Nuisance

11 Rectifying the Defects in Builders' Concurrent Liability Fiona Sinclair QC 191

12 Complex Structure Theory: Testing the Limits of a Builder's Liability for Economic Loss Karim Ghaly QC 207

13 All Care, No Responsibility - Limiting Liability for Negligence Manus McMullan QC 225

14 Good Neighbours? Philip Britton 235

Part VII Contract Administration

15 To Hold the Scales Even: The Duty of a Construction Contract Administrator Anthony Lavers 257

Part VIII Private Finance Initiatives (PFIs)

16 PFI Problems: The Emperor Claudius and the Tiger Tails Mrs Justice Jefford DBE 283

Part IX Performance Bonds

17 Promises and Prejudice Rickard Wilmot-Smith QC 303

Part X Time and Liquidated Damages

18 Time Rolls On Vincent Moran QC 321

19 Prevention, Time-Bars and Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No 2) Doug Jones AO 335

20 Penalties in the Box Riaz Hussain QC 357

Index 375

Editorial Reviews

"This collection is a fitting tribute to an outstanding judge. It has been a delight to read." --International Construction Law Review

"Lord Justice Jackson had a distinguished career which left a lasting impression on both construction law and practice. This book is a fitting testament to that career, but to only describe it as that is to underestimate the value of this book... this is an eminently readable book on the leading construction judgments of Lord Justice Jackson over twenty years. It is a book which reflects upon the past, but which also remains relevant for the future." --Edinburgh Law Review

"[A] very valuable contribution to construction law literature... Construction Law, Costs and Contemporary Developments contains stimulating and informative insights into issues in construction law, including Lord Justice Jackson's significant contributions, which will be of interest to those who practise in this field." --Building and Construction Law Journal

From the Publisher