Keating Chambers: The Podcast

Keating Chambers

Keating Chambers: The Podcast is brought to you by barristers and staff from Keating Chambers. It features a combination of key case law updates, historical case reviews, interviews with legal experts and informal discussions of aspects of Chambers life. The bitesize analyses focus on issues arising from our key practice areas (including construction, energy, international arbitration, planning and procurement), as well as other themes affecting the Bar and general industry hot topics. It will be of particular interest to those in the legal profession or construction industry, and students interested in becoming a barrister. Please note that this podcast does not constitute legal advice and should not be relied on as such.

  1. 25/10/2023

    TCC150 Series: Episode 4 - Marchant v Caswell [1976]

    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 speakers 18.35 - 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 TCC Please note that this podcast does not constitute legal advice and should not be relied on as such.

    1hr 6min
  2. 20/07/2023

    TCC150 Series Episode 3 - Martlet Homes Limited v Mulalley & Co. Limited [2022]

    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.

    49 min

About

Keating Chambers: The Podcast is brought to you by barristers and staff from Keating Chambers. It features a combination of key case law updates, historical case reviews, interviews with legal experts and informal discussions of aspects of Chambers life. The bitesize analyses focus on issues arising from our key practice areas (including construction, energy, international arbitration, planning and procurement), as well as other themes affecting the Bar and general industry hot topics. It will be of particular interest to those in the legal profession or construction industry, and students interested in becoming a barrister. Please note that this podcast does not constitute legal advice and should not be relied on as such.