CONSTRUCTION BAR ASSOCIA TION OF IRELAND

Annual Construction Law Conference

2.00pm, 29th March, 2019

Brexit – Judicial Co-Operation Dispute Resolution Developments Procurement, LADs and Defender

The Atrium, Distillery Building, 145/151 Church Street, Dublin 7

ATTENDANCE: 34 CPD POINTS Judicial co-operation after Brexit

Welcome PANEL ONE 2.00PM

The Attorney General, Seamus Woulfe SC The Construction Bar Association is Chairperson delighted to invite you to attend its Seamus Woulfe was called to the Bar in 1987, and seventh major open conference event at took silk in 2005. His practice was mainly in the area of civil, public and commercial law. He acted as Legal 2.00pm on Friday 29th March 2019 Assessor for regulatory bodies such as the Medical (registration from 1.30pm) , at the Atrium, Council, the Nursing and Midwifery Board, the Pharmaceutical Society and the Teaching Council of Distillery Building. Ireland, among others. He continued to practise as a Senior Counsel from 2005 until his appointment as Attorney General on 14th June 2017. The conference will be opened by John Trainor SC, Chairman of the Construction The Hon. Mr Justice Frank Clarke Bar Association. Chief Justice of Ireland Mr Justice Frank Clarke was appointed the 12th Chief Justice of Ireland in July 2017. He was called The CBA has chosen a broad range of to the Bar in 1973 and took silk in 1985. He served topics, which will be of interest to for many years on the Bar Council, including two solicitors, barristers, construction years (1993-1995) as its Chair. He has been a Bencher of the King's Inns since 1994. He was professionals, contractors, construction appointed to the High Court in 2004, and was dispute resolution practitioners, and all of Chairman of the Referendum Commission (Lisbon Treaty II) in 2009. He was appointed to the Supreme those interested in construction law. Court in March 2012. He has served on a great many professional and judicial panels, and has a lengthy and most distinguished academic record. The conference is a half-day event and will finish at approximately 5.30pm with The Rt Hon. Sir Declan Morgan, a drinks reception in The Sheds Bar, Lord Chief Justice Of Northern Ireland Distillery Building. Sir Declan Morgan was called to the Bar in 1976 and took silk in 1993. He was Senior Crown Counsel for Northern Ireland from 2002 until his appointment as a High Court judge in 2004. He was appointed to the Family Division in 2007 and in 2008 became one of two judges with responsibility for judicial review. He was appointed Chairman of the Law Reform What: Advisory Committee for Northern Ireland in 2004, Annual Construction Law Conference 2019 followed by and was Chairman of the Northern Ireland Law drinks in The Sheds Bars, Distillery Building. Commission from 2007 until his appointment as Lord Chief Justice of Northern Ireland in 2009. When: 2.00pm, Friday 29th March 2019 (Registration from 1.30pm. Refreshments will be available throughout registration)

Where: Q&A The Atrium, Distillery Building, 145/151 Church Street, Dublin 7 Construction dispute Recent developments in resolution construction law

PANEL TWO 3.00PM PANEL THREE 4.30PM

Chairperson: Chairperson: Micheál P O’Higgins SC The Hon. Mr Justice David Barniville Micheál is the current Chairman of the Council of The David was Chairman of the Council of The Bar of Bar of Ireland. He was called to the Bar in 1990 and Ireland from 2014 to 2017, and was appointed to appointed Senior Counsel in 2008, having graduated the High Court in December 2017. He is currently from UCD with a Bachelor of Civil Law (BCL) in 1988. assigned to the Commercial Court and is the judge He works as a barrister in general practice with a appointed to hear challenges in respect of strategic particular specialisation in administrative law, crime infrastructure developments. In June 2018 he was and constitutional law. also appointed as the Arbitration Judge, and in July 2018 was appointed as a member of Ireland’s Is domestic arbitration fit for purpose? National Group on the Permanent Court of Colm Ó hOisín SC Arbitration in The Hague. He is Chairman of Irish Colm has been in practice at The Bar of Ireland since Rule of Law International, and a Governor of the 1988 and became a Senior Counsel in 2005. He was National Maternity Hospital. called to the Bar of England and Wales in 2013. He was Vice Chair of the Council of The Bar of Ireland Procurement law update (2014-2015) and is a former President of Arbitration Eileen Barrington SC Ireland (2014-2016). He has a wide-ranging practice Eileen is a graduate of Trinity College Dublin, the as counsel in commercial and public law disputes, and King’s Inns and the College of Europe, Bruges. She is an experienced arbitrator in both domestic and commenced practice in 1994 and was called to the international arbitration. Colm is the Court Member for Inner Bar in 2011. She practices mainly in the areas Ireland on the ICC International Court of Arbitration. of administrative, commercial, European, and He is a Chartered Arbitrator (CIArb.) and Accredited regulatory law. As part of her European law Mediator (CEDR). practice, she has been involved in a number of public procurement cases including SIAC, Veolia, Adjudication enforcement mechanisms OCS, Baxter, Gaswise, Student Transport Scheme, Gerard Meehan BL Powerteam, Transcore and Sanofi. Gerard is a graduate in Civil Engineering of the National University of Ireland, Galway, and was called "Everything you need to know about to the Bar in 2004. He has a broad civil law practice liquidated damages, and haven't (until with an emphasis on construction contract disputes, now) had to ask." professional negligence litigation and arbitrations. He Richard Stowe is a former Treasurer of the Council of The Bar of Richard is a projects and construction lawyer with Ireland and a Fellow of the Chartered Institute of over 20 years’ experience in specialist practices in Arbitrators. Ireland and Australia, both in contentious and non- contentious roles. He has had extensive experience Conciliation v adjudication – is the tide advising in relation to a large number of high-value turning? infrastructure and construction projects around the Anthony Hussey world. He is currently a partner and Head of Anthony is a partner in the firm of Hussey Fraser Construction at Beauchamps. solicitors. He specialises in construction law and has been involved in hundreds of construction Concurrent wrongdoers and the decision in conciliations, mediations and arbitrations, both as an Defender v HSBC advocate and as an arbitrator. He is a Chartered Kelley Smith BL Arbitrator. Anthony is a former Chairman of the Law Kelley is a practising barrister specialising in Society ADR Committee and a former member of the commercial litigation. Her experience includes equivalent committee within Engineers Ireland. He is acting in professional negligence, commercial real Construction Projects: Law the editor and co-author of estate and construction litigation. & Practice , and author of Construction Adjudication in Ireland .

Q&A Q&A

FOLLOWED BY COFFEE BREAK AT 4.00PM FOLLOWED BY DRINKS RECEPTION IN THE SHEDS BAR REGISTER ONLINE NOW

https://ti.to/bar-of-ireland/CBA2019Conf

CONFERENCE COSTS Please tick appropriate box

Non-member ¤145 CBA affiliate member ¤85 CBA member (over five years at the Bar) ¤85 Non-members under five years at the Bar ¤85 CBA member (under five years at the Bar) ¤55

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CBA membership (¤25) and reduced conference fee (¤55) barrister under five years at the Bar CBA membership (¤50) and reduced conference fee (¤85) barrister over five years at the Bar

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METHOD OF PAYMENT

Cheque enclosed Bank transfer (EFT) About the CBA Bank of Ireland, Smithfield, Dublin 7 Bank Identifier Code: BOFIIE2D The Construction Bar Association of Ireland (CBA), founded on 23rd IBAN: IE75BOFI90009224685382 If paying by EFT, please include your name as the reference. April, 2013, is a specialist association of Irish lawyers who practise in Credit card (A ¤5.00 surcharge will apply to credit card bookings.) or have an interest in construction law and the resolution of disputes in the sector. The CBA seeks to advance the state of knowledge of Irish construction law through its regular Technical Talks Programme, Credit card No. the CBA Construction Law Periodical, the Annual CBA Construction Law Conference, and ad hoc briefings to members on hot topics as Expiry date / CVV number they arise during the legal year. Amount to be charged ¤ The CBA acts as a vibrant hub for Irish lawyers who advise upon or act in construction law-related matters to facilitate the exchange of Signature knowledge and experience. The CBA has grown since its inception in For bookings contact Aoife Kinnarney, April 2013 to include over 130 members of the Law Library in its Tel: 01-817 5166 or [email protected] membership. Membership of the Association is open to both Please return completed form to: barristers and solicitors; the relevant application forms can be Aoife Kinnarney, downloaded from the members’ section on our website – The Bar of Ireland, www.cba-ireland.com . Distillery Building, 145/151 Church Street, Dublin 7.