Keating Chambers: The Podcast

This year’s International Women’s Day theme is ‘Inspire Inclusion’. In that spirit, Keating barristers Lucy Garrett KC and Emma Healiss have invited three incredibly inspirational women: Emily Monastiriotis (Head of Dispute Resolution at Simmons & Simmons), Kate Corby (Partner at Baker & McKenzie); and Theresa Mohammed (Partner at Watson Farley Williams), to discuss their experiences within the legal and construction industries and how they think this space has become and can continue to become more inclusive. The five women also share advice for those starting out in the industry including pushing the boundaries of your comfort zone and how to tackle imposter syndrome. 

This is the last in our series of podcasts to mark 150 years of the Technology and Construction Courts, a series where we have highlighted some of the key cases where the TCC has influenced the development of the law.  In this episode, Tom Lazur, Brenna Conroy and Charlie Thompson look into the legal black hole and the case of Alfred McAlpine Construction v Panatown, a judgment handed down in 2000. It is one of the few cases where the issue came before the House of Lords twice in relatively short order with St Martins Property v Sir Robert McAlpine having been decided 6 years earlier. The case was focussed on the unusual effect of the application of two legal principles: (1) privity of Contract and (2) the Rule of Damages.  Tom, Brenna and Charlie discuss the development of the law prior to it reaching a construction context and the background in the McAlpine case before looking at the House of Lords approach in Panatown. They look at the two opposing philosophies demonstrated in this case (the black letter lawyer approach vs the judge led by the merits) and consider what might happen if this sort of issue reached the Supreme Court now.Please note that this podcast does not constitute legal advice and should not be relied on as such.

This is the fourth in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will choose one leading case from the TCC and review its significance. In this special episode Sam Townend KC chairs a discussion between counsel who acted in the first reported case on ten year new-build home insurance policies, Marchant v Caswell [1976] 2 EGLR 23, Lord Grabiner KC (One Essex Court), Professor John Uff, and Dr Christopher Thomas KC.  The participants explain the key facts and summarise the principles derived from the case as well as discussing practice in the 1970s and the development of the TCC in the last 50 years.  Please see below the time stamps of this episode:0:00 - Introduction 3.59 - Case summary 9.43 - Introduction of speakers18.35 - First Issue- whether the ten year new-build home warranty is a covenant running with the land? 26.03 - Second Issue- whether liability under the Policy is triggered by notice of minor damage? 32.43 - Third Issue- whether actual or constructive notice is sufficient to trigger liability, notwithstanding an express requirement for notice in writing? 40.06 - Fourth Issue- enforceability of the arbitration agreement in a consumer insurance policy 43.02 – Consequentials 45.05- Practice in the 1970s and the development of the TCCPlease note that this podcast does not constitute legal advice and should not be relied on as such.

This is the third in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will choose one leading case from the TCC and review how it has faired over the years, including discussion of subsequent cases that have focused on it.In this episode James Thompson, Tom Coulson, Tom Walker and Isobel Kamber have taken a slightly different approach to the series and discuss one of the most significant judgments in  very recent case law history, Martlet Homes Limited v Mulalley & Co. Limited [2022]. This is the first decision from the TCC on Fire Safety (External Wall Insulation or “EWI”) following the Grenfell Tower fire in June 2017. The dispute concerned fire safety defects in the external walls of five high-rise towers in Gosport, Hampshire. They discuss the impact of the judgment on the construction industry and its insurers. In a precedent setting decision, the Judge provided clear guidance on the courts’ assessment of the law of causation and what “caused” the cladding to be replaced. James, Tom C., Tom W. and Isobel also discuss additional and important cases since Martlet v Mulalley, including St James's Oncology v Lendlease and LDC (Portfolio One) Ltd v (1) George Downing Construction [2022] and how the courts are continuing to take a robust approach to cladding defect claims following Grenfell.Please note that this podcast does not constitute legal advice and should not be relied on as such.

This is the second in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will chose one leading case from the TCC and review how it has faired over the years, including discussion of subsequent cases that have focused on it.In this episode Calum Lamont KC and Paul Buckingham KC discuss the scope of ‘fitness for purpose’ obligations in construction contracts, starting with arguably the most important case on this matter in recent times, MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017]. This dispute concerned defects in the Robin Rigg wind farm in the Solway Firth, one of the first offshore wind farms to be developed around the UK, and proceeded from the TCC all the way up to the Supreme Court.  Calum and Paul discuss how the decision has impacted upon the approach of the TCC in subsequent cases and the apparent willingness of the courts to hold the parties to their contractual obligations, even where those obligations are absolute in nature without negligence or lack of skill and care on the part of the contractor.Please note that this podcast does not constitute legal advice and should not be relied on as such.

This episode, hosted by Marie Sparkes, celebrates International Women's Day and explores 2023’s “embrace equity” theme. It showcases the variety of roles women play within Chambers and highlights the steps Keating have taken towards achieve equity in the workplace.Marie is joined by Lucy Garrett KC, Alice Sims, Alison Crosland and Amy Barrie who share their experiences, from “unconventional” career paths and challenges they have faced along the way, to positive developments they have seen within the construction industry and at the Bar. Themes emerging through the discussion include the importance of role models, dealing with imposter syndrome, and how to attract and retain female talent at all levels.  

This is the first in a series of podcasts coming this year, all recorded to celebrate 150 years of the Technology and Construction Court (TCC). In each episode, Keating barristers will chose one leading case from the TCC and review how it has faired over the years, including discussion of subsequent cases that have focused on it.In this episode, Head of Chambers, Alexander Nissen KC, is joined by Jennie Wild and Emma Healiss to discuss the landmark judgment in RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG [2010]. This is a case about contract formation, which eventually went all the way up to the Supreme Court, with the Supreme Court commenting on the perils of starting work without agreeing the precise basis upon which the work is to be done.Please note that this podcast does not constitute legal advice and should not be relied on as such.

In this podcast, Keating barristers Lucy Garrett KC, James Thompson, Charlie Thompson, Jennie Wild and clerk Jade Clark discuss and myth-bust some of the common misconceptions about life at the Commercial Bar. With varied backgrounds, routes to the bar and experiences to date, they discuss the perception that the Bar can be an isolated place to practice law, finances, clerking and professional support in chambers, diversity, and family life, as well as some of the more specific aspects of construction law and building a practice at Keating Chambers. We hope this podcast will give prospective pupils a unique and honest insight into the world of commercial barristers, and lift the veil on some of the areas not often addressed elsewhere.Please note that this podcast does not constitute legal advice and should not be relied on as such. 

Having recently announced the date of the Keating Chambers and London Pulse Netball Corporate Cup, this podcast explores our partnership with the club and how Pulse have been raising the profile of women’s sport. Marie Sparkes, our Head of BD and Marketing speaks to Sam Bird, CEO and Director of Netball at London Pulse, and Jennie Wild, one of our junior barristers at Keating Chambers. The three women discuss how netball has impacted their lives positively, the parallels between challenges faced in sport and in the law, and how the Corporate Cup will play an important role in funding Pulse’s community programme and ensuring access to netball for women and girls from diverse backgrounds.

To celebrate International Women’s Day and mark the “Break the Bias" theme, we are pleased to share our latest podcast episode with Gaynor Chambers and Jennie Wild. Gaynor and Jennie are joined by Mrs Justice Finola O’Farrell DBE whose career exemplifies the aims of the IWD movement and who has made the path to a gender equal world easier for all the women following behind.  O’Farrell J guides us through her early years, university, family life, and professional career leading to her appointment as a High Court Judge, signposting these significant moments with songs and books that remind her of that time. She discusses challenges she has faced and offers advice to women considering a career at the Bar: "Have the courage to speak up in meetings and to challenge decisions, don't let fear silence you". 

What constitutes ‘Demolition’ under S74 of the Planning (Listed Buildings and Conservation Areas) Act 1990? In this episode, Charlie Banner QC and John Steel discuss the Court of Appeal decision in Clin v Walter Lilly & Co. Ltd [2021] EWCA Civ 136 which addressed that very question. The podcast seeks to contextualise the decision of the Court in the history of the litigation, the relevant planning statutes and the applicable case law, namely the House of Lords decision in Shimizu [1997] 1 WLR 168. The discussion features an analysis of the Court of Appeal’s decision and the submissions of the Parties before the Court. Please note that this podcast does not constitute legal advice and should not be relied on as such.

Charlie Banner QC and David Gollancz review the cases on standing for judicial review in procurement, from Mass Energy in 1994 to Good Law Project in 2021, by way of Pergau Dam and Chandler. Please note that this podcast does not constitute legal advice and should not be relied on as such. A list of the cases and statutes referred to in this podcast can be found at: www.keatingchambers.com/resources/podcasts/

Following IP Completion Day on 31 December 2020, EU law no longer applies in the UK…except that it sort of does.  Simon Taylor and David Gollancz discuss the effect of the amended Regulations: why economic operators in the EU and the GPA have different rights (and what about Gibraltar?), which case law will apply when, can utilities still apply for exemption, and how will the playing field be levelled between the UK home nations? Please note that this podcast does not constitute legal advice and should not be relied on as such.

To celebrate this year’s International Women’s Day and mark the “Choose to challenge” theme, we are pleased to share our latest podcast episode with Fionnuala McCredie QC and Lucy Garrett QC. Fionnuala and Lucy are joined by Sally Davies (Mayer Brown), Catherine Wolfenden (Osborne Clarke) and Rebecca Williams (Watson Farley & Williams) who are all long standing clients and friends of Keating Chambers, as well as being past recipients of The Lawyer’s “Hot 100” accolade. They each share career highlights, challenges they have overcome and amusing anecdotes and in doing so cover important topics such as mentoring, stereotypes, imposter syndrome and shared parental leave. It was a privilege to have an open conversation with these five women who are each contributing to the development of a gender equal world by challenging existing prejudices and reaching down and across to help other women reach their full potential.

Keating Chambers' barristers discuss the government’s Green Paper proposals for reform of public procurement legislation to help listeners navigate the issues. Low-value and in-flight cases to a generalist Tribunal or two tracks in the TCC?  Reforming the test for the automatic suspension: ditch the adequacy of damages test? Will we miss debrief letters when they’re gone?  And if maximum damages are 1.5 x bid costs, will anyone bother to challenge anyway?  With Sarah Hannaford QC and David Gollancz. Please note that this podcast does not constitute legal advice and should not be relied on as such.

Keating Chambers' barristers discuss the government’s Green Paper proposals for reform of public procurement legislation to help listeners navigate the issues. How does the “publish early and publish all” approach sit with the government’s wish to impose the least burden on the public sector – or businesses?  Given how hard authorities find it to comply with FOI, EIR and GDPR, how will they manage open contracting? What actually is transparency and do the proposals promote it?  With Fionnuala McCredie QC and David Gollancz. Please note that this podcast does not constitute legal advice and should not be relied on as such.

Keating Chambers' barristers discuss the government’s Green Paper proposals for reform of public procurement legislation to help listeners navigate the issues. Who defines the public good and will the Scottish and UK governments agree? Will the National Procurement Policy Statement be mandatory and micro-managerial?  Will the Review Unit really improve commercial capability?  With Charles Banner QC and David Gollancz. Please note that this podcast does not constitute legal advice and should not be relied on as such.

David Gollancz introduces Keating Chambers' mini-series of three podcasts about the governments Green Paper: Transforming Public Procurement. All episodes are being released together and are available now in time for responses to the consultation on 10 March 2021.

In this podcast, Lucy Garrett QC speaks to Paul Buckingham, Tom Lazur and Ben Sareen about their different career routes to the Bar. With varied backgrounds in strategy consultancy, chemical engineering and advertising, they discuss why they moved to the Bar, how they approached the application and interview processes, and why it was the right decision for them. The panel focus on the accessibility of construction law to those with non-technical backgrounds and the transferrable skills they brought from their previous careers. The podcast will be of interest to all pupillage candidates and particularly those whose first degree was not in law and mature students looking to change their career. Please note that this podcast does not constitute legal advice and should not be relied on as such.

This podcast provides pupillage candidates with tips on how to approach their application forms and any subsequent interviews, with perspectives from recent pupils and members of our Pupillage Committee. Lucy Garrett QC (Head of the Pupillage Committee) is joined by junior tenants, Charlie Thompson and Ben Graff, and two of our current pupils, Wen-Jin Teh and Lena-Marie von Eynern. Whilst providing their top tips, they each share their personal experiences of applying for pupillage, discuss pupillage and mini-pupillage during a pandemic, and explain what they enjoy most about our areas of work. The podcast will be of particular interest to those students looking to apply for pupillage during the current application window. Please note that this podcast does not constitute legal advice and should not be relied on as such.