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  Notices, Time Bars and Proportionality  
Date: 2018-09-21
Time: 12:30pm to 1:30pm
Speaker: Sir Rupert Jackson
Quota: 33 /


Notices, Time Bars and Proportionality are issues that those working on construction projects grapple with on a regular basis. These issues are raised in almost every construction arbitration. Come and hear from Sir Rupert Jackson about the practical and legal problems which arise when a contractor fails to serve a notice of delay in accordance with the contractual requirements, but the circumstances would otherwise justify the grant of an extension of time.

Sir Rupert Jackson

Since his retirement from the Court of Appeal earlier this year, Sir Rupert Jackson has been busy as an arbitrator, adjudicator and mediator.

Sir Rupert Jackson joined 4 New Square in 1973, specialising in professional negligence, insurance and construction work. He became a QC in 1987. During his practice at the Bar, Sir Rupert appeared as counsel in both domestic and international arbitrations, principally in London and Hong Kong. He also sat as arbitrator.

Sir Rupert was appointed to the High Court bench in January 1999. He served as judge in charge of the Technology and Construction Court from 2004 to 2007. He presided over the heaviest construction and engineering cases coming before that court, included several long actions concerning the construction of Wembley Stadium. He dealt with many arbitration applications and appeals, as well as numerous issues arising from adjudications.

In October 2008 Sir Rupert was appointed to the Court of Appeal. In 2009, Sir Rupert was entrusted with the task of reviewing the funding of civil litigation and the procedural rules, to make recommendations for promoting access to justice at proportionate costs. He proposed wide-ranging reforms. These were introduced in 2013 and are working well. In 2016 he was asked to propose further reforms. He published a Supplemental Report in July 2017, which the Government is currently considering.

As a lord justice of appeal, Sir Rupert undertook a wide range of work and gave leading judgments in many areas of the law. He sat on numerous appeals concerning construction and engineering issues, almost always giving the principal judgment. His later cases included Carillion Construction v Emcor Engineering Services [2017] EWCA Civ 65; Sutton Housing v Rydon Maintenance [2017] EWCA Civ 359; Persimmon Homes v Ove Arup [2017] EWCA Civ 373; Royal Devon & Exeter NHS Trust v ATOS IT Services [2017] EWCA Civ 2196; Adam Architecture v Halsbury Homes [2017] EWCA Civ 1735; Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264.

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