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 an 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 majority 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 Information
For further information on how our members can assist you, please contact the Director of Clerking,
Paul Cooklin or Senior Clerk,
Nick Child in the first instance on +44 20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.