14th May 2025, 5:30pm to 7:30pm
St Philips Chambers, 55 Temple Row, Birmingham, B2 5LS
PLA Midlands: Spring Training Seminar with St Philips Chambers – Development Disputes: Key Issues for Property Litigators
Development Dispute Resolution: Key Issues for Property Litigators
Consortia, Collaboration and Conflict: Peace at the Point of a Sword
David Nuttall will consider the contractual provisions in collaboration agreements which force parties to work together. He will explain the scope and extent of “best endeavours” type clauses and express "good faith” requirements for achieving a certain aim. These are essential requirements for land promotion agreements, development agreements and conditional sales contracts, and are powerful tools if the project falls apart.
Dispute Resolution Provisions: Agreeing to Agree or Disagree
Michelle Caney will explore the operation, robustness and enforceability of dispute resolution provisions in development and construction contracts, and in particular multi-tiered dispute resolution clauses and provisions purporting to require parties to negotiate/reach an agreement between themselves. She will also take a look at the court's current approach to terms requiring 'good faith' negotiations or 'friendly discussions’.
Expert Determination Clauses and Decisions: Problems of Process and Outcome
Harry Marriott will consider expert determination clauses with a focus on difficulties arising in the implementation of references to experts, particularly from a procedural point of view. He will survey the key grounds of challenge to decisions made by an expert, including with a look at case law of recent years.
Registration is from 5.30pm for a 5.45pm prompt start. The session will finish at 7pm and be followed by networking drinks until 7.30pm.
Booking
Open to all PLA members and trainees & paralegals who are currently undertaking a property litigation seat and attending with a PLA member.
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