Newsletter
Information for members
April 2006

Previous issue: March 2006 | Next issue: May 2006

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Programme

Unless marked otherwise, the following meetings are free to members and guests. Location maps are now always available on the website.

All are welcome but for those meetings where the organiser’s telephone or email is given, it would be helpful if you could please let them know of your intention to attend.

Tuesday, 4th April 6.15pm
“New CDM regulations”
Speaker: Gillian Birkby
Venue: National Liberal Club, Whitehall Place, London SW1

Tuesday, 4th April 6.30pm
“‘Equivalent Project Relief' in PFI. Is there a future? The implications of Midland Expressway -v- Carillion”
Speaker: Hamish Lal
Chariman: Edward Davies
Venue: Pariser Building , Floor E Room 22 University of Manchester 6.30pm
Organiser: peterfenn@scl.org.uk

Tuesday, 2nd May 6.15pm
Presentation by the authors of the 1st and 2nd SCL Hudson 2005 prize winning papers:
“Right building – wrong place? Wrong building – right place?” by Philip Britton
“Repudiation, termination and quantum meruit” by Julian Bailey
Chairman: Anthony Lavers
Venue: National Liberal Club, Whitehall Place, London SW1

Thursday, 4th May 6.15pm
Speaker: Nerys Jefford (title of talk to be announced)
Venue: Bristol University
Organiser: simongoss@scl.org.uk

Tuesday, 9th May 6.15pm
“A little about time at large. Calculating a reasonable time to complete in the absence of a completion date”
Speaker: Keith Pickavance
Chairman: Jocelyn Taylor
Venue: Nabarro Nathanson, 1 South Quay, Sheffield S2
Organiser: jocelyntaylor@scl.org.uk

Wednesday, 10th May 6.15pm
“A little about time at large. Calculating a reasonable time to complete in the absence of a completion date”
Speaker: Keith Pickavance
Chairman: Eric Fleming
Venue: Mitchell Library, North Street , Glasgow G3
Organiser: lindypatterson@scl.org.uk

Tuesday, 16th May 6.15pm
“Negligent participants in construction projects: The duty of care problems”
Speaker: Peter Aeberli
Chairman: Martin Green
Venue: Brunswick Lecture Theatre, Leeds Metropolitan University
Organiser: jonathanhawkswell@scl.org.uk

Wednesday, 17th May 6.00pm
The Society's AGM and Annual Dinner (for SCL members only)
Venue: Middle Temple Hall, London WC2
See separate items below and flyer and booking form attached to this newsletter

Thursday, 25th May 6.15pm
“100 Adjudication Appointments Later”
Speaker: Anthony Bingham
Chairman: Jeremy Williams
Venue: Hugh James Solicitors, 114-116 St Mary St , Cardiff CF10
Organiser: alisonshort@scl.org.uk

Tuesday, 6th June 6.15pm
“Olympic Projects. International Dispute Resolution – from Beijing to London”
Speaker: Adrian Hughes
Chairman: Jonathan Hosie
Venue: National Liberal Club, Whitehall Place, London SW1

Wednesday, 7th June 6.00pm
“Looking forward to not looking back. Avoiding differences and disputes”
Speaker: John Burgess
Venue: The Rosebowl, Southampton SO30
Organiser: marianharris-deans@scl.org.uk

Monday, 19th June 6.15pm
“Neighbour Risk and Construction Project”
Speaker: Philip Britton
Chairman: Deborah Ritchie
Venue: Mills & Reeve, 78-84 Colemore Row, Birmingham B2 2AB
Organiser: arulselvaratnam@scl.org.uk

Tuesday, 4th July 6.15pm
Joint SCA/SCL meeting
“Dangers and Benefits of Evaluative Mediation – Arbitrators as Mediators – an Oxymoron?”
Speaker: Colin Wall
Chairman: John Uff QC, CBE
Venue: National Liberal Club, Whitehall Place, London SW1

The AGM and Annual Dinner

The AGM (see separate item below) and annual dinner will take place at Middle Temple Hall at 6.30pm on Wednesday, 17 th May. The cost is £75 per member, which includes pre-dinner drinks and wine with dinner and a flyer giving details of how to book is attached to this newsletter.

After the AGM, pre-dinner drinks will be served – in the gardens, if fine – followed by dinner itself in Middle Temple Hall. This year, in keeping with the surroundings, early English music will play during dinner.

The annual dinner is the one function of the year reserved for SCL members only and we do hope that as many of you as possible will be able to join us. We particularly urge those of you who have never been before to come along to this very friendly function, meet your fellow members and dine in the magnificent 16 th century Middle Temple Hall, where the first performance of Shakespeare's “Twelfth Night” took place.

AGM and Council Election 2006

Councillors Richard Bayfield , Christopher Dering, Brian Gayton and Corrina King have decided to stand down. Nerys Jefford will be seeking re-election.

Would you like to stand for Council? Most members of council are likely to say that being on Council is enjoyable, fun and also hard work (not necessarily in that order). There are no precedents or protocols on  Council membership, the current Chairman is an Academic/Barrister, the previous Chairman is an Engineer and the one before that a Architect. The one thing they have in common is a sense of humour and an appreciation of good wine! The strength of Council is its diversity of backgrounds and experience, it is up to members to ensure that this diversity remains. Council members typically attend up to 6 Council meetings per year and join one or more subcommittees in areas such as the Hudson prize, the talks programme, social events programme, TCC, CIC, policy matters, ethics and IT. Once elected to Council then the normal period of office is either 2 years or 3 years depending on the number of retiring members amongst other factors.

If you would like to know more about the work of the Council before deciding whether or not to stand, please contact the Chairman Anthony Lavers on 020 7397 3809 or anthonylavers@scl.org.uk or contact any other officers of the Society, who will be happy to give you further information. If you would like to stand for election to Council, please contact Jackie Morris to let her know. If you decide to stand, the procedure is as follows:

1. You must be a paid up member of the Society.
2. You must be nominated and seconded by a paid up members of the Society.
3. You must provide the following information:
   (a) Your name
   (b) Your work/practice address
   (c) Your professional qualifications, if any
   (d) The names of your proposer and seconder
   (e) The year you joined the Society (if you cannot remember, then admin can help)
4. You must also provide an election statement, not exceeding 100 words .

Paid up members will be able to vote by postal ballot or, alternatively, at the AGM to be held at 6.30pm at Middle Temple Hall on Wednesday, 17 th May. More details on election arrangements will follow shortly.

Great Delay Analysis Debate

A repeat of the Great Delay Analysis Debate took place at King's College on 29 th March.

Enclosed with this newsletter, is a copy of the paper (and it is also on the website).

Further copies may be purchased for £6 plus £2.50 p&p for UK , £5 p&p for rest of the world.

SCL Advocacy Course

With the kind permission of Her Honour Judge Frances Kirkham and Mr Justice Ramsey, an Advocacy Training Course is to be held in Birmingham . The course will be run at a central location in Birmingham over five evening sessions: 3 rd , 10 th , 16 th and 30 th May and 6 th June. Attendance at all sessions of the course will entitle each advocate to 12.5 CPD points. Please note that this course is restricted to members of the Society who are also solicitors. Places are limited so, to register your interest, please contact Ishaq Kayani at kupton@hbj-gw.com as soon as possible.

Ethics

The ethics group have prepared a draft statement of ethical principles, set out below. Further details are on the ethics page of the web site. Comments are invited on these principles; can you write to Jackie Morris at the admin postal address, or email your comments directly to ethics@scl.org.uk

Statement of Ethical Principles

Ethical conduct is the compliance with the following ethical principles.

1. Honesty - act with honesty and avoid conduct likely to result, directly or indirectly, in the deception of others.
2. Fairness - do not seek to obtain a benefit which arises directly or indirectly from the unfair treatment of other people.
3. Fair reward - avoid acts which are likely to result in another party being deprived of a fair reward for their work.
4. Reliability - maintain up to date skills and provide services only within your area of competence.
5. Integrity - have regard for the interests of the public, particularly people who will make use of or obtain an interest in the project in the future.
6. Objectivity - identify any potential conflicts of interest and disclose the conflict to any person who would be adversely affected by it.
7. Accountability - provide information and warning of matters within your knowledge which are of potential detriment to others who may be adversely affected by them. Warning must be given in sufficient time to allow the taking of effective action to avoid detriment.

These principles apply to the work of all professionals working in the construction industry, whatever their original qualification or affiliation.

SCL Junior Members

If you are under 40 or new to the world of construction law, then you can register as a junior member.  The junior committee arranges site visits, conferences with King's College London and social events such as the summer Boat Trip on the Thames. This year's Boat Trip will be on Thursday, 13th July – cost £25. A booking form has already been sent to members and is also available on the website.

A site visit to the Palestra offices has been arranged for Wednesday, 3 rd May and (at time of going to print) there are still a few places available; there is no charge. Please note that the site visit is available to all members but preference will be given to Junior SCL members.

To register as a Junior Member, log in to the SCL website (www.scl.org.uk) using your username and password. Click on ‘Members' and then and then the 'Junior members' link on the left. You will find an explanation of Junior Membership, and a simple form to register. You do not need to enter your name/details, as these are already recognised by the website after you logged in; you only need to confirm your eligibility by giving either your date of birth, or stating that you are junior in your area of expertise. Nicholas Gould, SCL's Vice chairman, is responsible for the Junior members and he can be emailed on by email

The Norman Royce Prize Paper

The Society of Construction Arbitrators has announced that they are to institute an annual prize in memory of the late Norman Royce. A prize of £2,000 will be awarded to the author of the best paper on a topic relevant to or touching on domestic or international construction disputes, including, but not limited to, their resolution and avoidance; and the lessons to be learnt from them. The closing date for entries is 1 st  July 2006 . Further details can be found on the SCA's website at www.arbitrators-society.org

Renewal of membership 2006

Reminder notices have been sent to those members who have not yet paid. If you have received a reminder notice and need another copy of your renewal of membership invoice, then Jackie Morris can email a duplicate copy to you. A reminder also to those members who live and work abroad that you can choose to renew either as a full member, or as an overseas e-member but please note that if you choose to renew as an overseas e-member, then you must pay online; online payment is the only payment method available to e-members – and overseas e-members do not get a renewal invoice, only an email reminder.

Out of date contact details

Please don't forget to let us know when you change any of your contact details. If you move firms, then you take your membership with you, providing we know where to contact you!

If we lose touch and your name is removed from the membership list then – although you don't have to go through the application process again – you will be required to pay the full joining fee (currently £165) to be reinstated to the membership list. We don't need a formal letter of notification from you – an email to Jackie Morris at admin@scl.org.uk giving your change of postal address, telephone, fax and email is all that's needed.

UK businesses and associations unite to tackle corruption

UK businesses and associations with interests in the domestic and international infrastructure, construction and engineering sectors have agreed a comprehensive Anti-Corruption Action Statement as part of a programme to promote industry-led actions which can help eliminate corruption.

The Action Statement has been developed and endorsed by the Anti-Corruption Forum, which comprises the Association for Consultancy and Engineering (ACE), British Consultants and Construction Bureau (BCCB), Institution of Civil Engineers (ICE), Institution of Structural Engineers (IStructE), Transparency International (UK) (TI(UK)), and representatives of the business community.

The Action Statement calls on all those with interests in the infrastructure, construction and engineering sectors to take effective and co-ordinated action to reduce corruption, on both a domestic and international basis, and on both the supply and demand sides. It identifies the various categories of participant in the sectors, including governments, project owners, banks, export credit agencies, companies providing the equipment and services for a project, business associations and professional institutions. It recommends preventive and enforcement actions which could be taken by those participants. A copy of the Anti-Corruption Action Statement is available on the Ethics page of SCL's website.

How to register on the website as a member

In order to get members' access to the website you must register online as a member. Registration is easy.

Go to the website homepage www.scl.org.uk click Member Registration (listed below the Member Login box on the right hand side of the homepage) and enter your details and a username and password of your own choosing. Your membership number is also asked for (if you don't know it, then admin can tell you).  

Thereafter, you can simply log onto the website using your username and password. When you log in you will see a navigation link to 'Members' which is where you can update your contact details, email subscriptions and data protection information – as well as search for information about other SCL members who have agreed for their data to be accessible to other members on the website (currently nearly 1,000 members).

Website Search Engine

SCL's website has a useful search facility. In the right column of the homepage you will see 'Quick Search'. Enter your word(s) and choose which of three sections to search - 'About Us', SCL newsletters, and summaries of papers. We hope that this facility will make it easier for members to find what they are looking for on the site. The website is constantly being improved.  If you have any questions, problems or suggestions, please contact our webmaster, Edward Peters, at Webmaster

Contributions invited from Members

What construction law related topic would you like to see presented as a talk? Please email your suggestions to Jackie Morris on admin@scl.org.uk and we will do our best to organise a talk in your area.

You are also invited to contribute to the newsletter. If you have an item related to construction law that you feel would be of interest to others, then please email text to Jackie Morris at admin@scl.org.uk. A member of Council will thereafter decide whether to include the item in the next newsletter. Please note that we do not accept advertisements or items of a commercial nature.

New Members

Finally, we are pleased to welcome the following new members who joined the Society in March:

Andrew Agathangelou, Hemel Hempstead
Gillian Carmichael Lemaire, Paris
Gerald Clarke, Toronto, Canada
Peter Clayton, Birmingham
Charlene Linneman, London
John Madden, Dublin
Ryuji Manai, Ho Chi Minh City, Vietnam
Paul Newton, Dubai, UAE
Bruce Parry, Mishref, Kuwait
Rashda Rana, London
Emma Thomas, Ipswich
Faye Yeo, Singapore

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