Paul Darling QC

Paul Darling QC is a leading Advocate, Barrister and Queen's Counsel

Outlook – December 2020

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The latest edition of Outlook, from the 39 Essex Chambers Commercial and Construction Group is now available. It covers the following:

The proper law of an arbitration agreement, following the handing down of the Supreme Court’s judgment in Enka v Chubb. Steven Lim, Ben Olbourne, Niraj Modha and Philippe Kuhn consider in detail what the Supreme Court decided and what it may have left open for another day.

Alexandra Bodnar and James Bradford explore the High Court’s recent decision in Yuanda (UK) Company Limited v Multiplex Construction Europe Limited. The dispute has the potential to shake up the UK construction performance bonds market.

Examination of the substantial cooperation between provider and customer necessary to implement enterprise resource planning (“ERP”) software. Systems such as SAP or Oracle, make such projects ripe for disputes. Karishma Vora considers the common pitfalls which arise when companies enter into contracts for such products.

The full edition of Outlook is available here.

Webinar: Halliburton v Chubb

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Halliburton Webinar

In this webinar, we look at the background to the Supreme Court judgment in Halliburton v Chubb1. Ruth Keating provides a summary of the case. Fellow members of 39 Essex Chambers then look at some of the implications and issues arising from the decision. 

The case examines the consideration of an arbitrator’s duty to disclose involvement in possible overlapping arbitrations. While the court accepted that the arbitrator was in breach of his duty to disclose, he should not be removed from the arbitration. 

[Read more…]

Practico Podcast: A Costs Chat With Friends

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The Practico Podcast

I recently joined Jeremy Morgan QC and Marion Smith QC on the Practico podcast series, looking at costs.

We discussed a wide-range of topics including the latest on non-party costs orders (including against experts), implications for third party funders, and the importance of going for indemnity basis costs when circumstances encourage it.

Listen to the full discussion below.

See also the discussion with 39 Essex Chambers on the subject of indemnity costs for more detail on a similar subject.

Outlook September 2020 – Costs, Arbitration & CFAs

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The latest newsletter from 39 Essex Chambers includes a look at Costs.

With the economic fallout of the pandemic looming in the background, costs are likely to become an even more critical consideration for lawyers and their clients.

This month’s newsletter features an article that examines the effect of five recent costs decisions dealing with issue-based costs orders and Third Party Costs orders and litigation funding.

David Sawtell FCIArb considers three recent decisions of the English court following claims brought under s 68 of the Arbitration Act.

Many public authorities are reassessing their spending due to falls in demand for certain services, the reallocation of budgets and other factors. Where they have already commenced a procurement exercise, this may create difficulties. Philippe Kuhn considers the case law on contracting authorities abandoning procurements prior to award of the contract.

And Shaman Kapoor examines an epic falling out between solicitor and client, involving poorly drafted CFAs and patchy record-keeping, and leading to an 81-page judgment recently handed down by Master James in the Senior Courts Cost Office.

View the full newsletter here.

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