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Although the modern construction law lawyer is frequently
involved in other dispute resolution formats, such as arbitration,
adjudication and mediation, litigation remains a fundamental part
of the practice of every barrister at Keating Chambers. The skills
of marshalling of evidence, examination and cross-examination of
witnesses and written and oral analysis of legal principle and
factual and expert evidence are the product of lengthy training and
accumulated experience. From the beginning, Keating barristers
learn to operate as team members with their instructing solicitors
and other lawyers advising in the case, with experts (who may or
may not be appearing as witnesses) and above all with clients.
Whilst no opportunities to achieve a favourable settlement,
whether by negotiation or mediation, are neglected, it has to be
accepted that where the positions of the parties are too far apart,
or attitudes have hardened against compromise, some cases will go
the full distance to court hearing and judgment. A few may even go
to appeal.
If it comes to the last resort – and litigation is a last
resort in the modern legal system – clients need to be represented
in court by lawyers who combine four essential qualities:
understanding of the problem and the commercial/industry context,
in which it has arisen; expert knowledge of construction law;
mastery of complex court and evidential rules; and high quality
advocacy.
Members of Keating Chambers are specialists in construction and
engineering cases and in litigation in related areas, ranging from
IT to environmental matters to valuer’s negligence to party
walls. They frequently represent construction industry clients in
the Technology and Construction Court (TCC). Many of the cases are
heard in London, but it is also common for counsel to appear
in other TCC court centres, namely Birmingham, Bristol,
Cardiff, Chester, Exeter/Plymouth, Leeds, Liverpool, Newcastle,
Nottingham and Salford (Manchester).
Only a very small proportion of decisions of the courts are
reported, if they contain some important legal development or
application of principle, but they offer a published window on
construction litigation. In 2005 alone, Members of Keating Chambers
appeared in over 40 cases reported in the specialist law reports
including cases in both the TCC, the Commercial Court and the Court
of Appeal. These reported cases, concerned construction
contracts, engineering contracts, construction adjudications,
arbitrations, professional negligence, environmental issues and
insurance.
The bulk of Keating Chambers court work is done in the courts of
England and Wales. In the many international disputes also handled,
any court work in other countries would usually be carried out by
the client’s local legal advisers. However, where appropriate,
Keating advocates have been requested to appear in other courts and
Keating Chambers has barristers who have been called to the Bars of
Hong Kong, Singapore, the Bahamas, Northern Ireland and
Gibraltar.
Further InformationFor further information on how our members can assist you, please contact the Senior Clerks,
John Munton and
Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.