Speaker: Mr David Sears QC
Event Date: 4 Mar 09
Event Title: Atkin Chambers on: (1) Delay Analysis, Concurrency and the Contractual Allocation of Risk (2) Immunity of Expert Witnesses?
Title of Paper/Presentation: Nothing to Fear But Fear Itself - Is it Time to Reconsider the Immunity of Expert Witnesses?

Presentation slides on Nothing to Fear But Fear Itself - Is it Time to Reconsider the Immunity of Expert Witnesses?
Paper on Nothing to Fear But Fear Itself - Is it Time to Reconsider the Immunity of Expert Witnesses?

Abstract of paper
The scope and nature of the immunity
Palmer v Durnford Ford [1992] QB 483
1. Held that:
1.1. since immunity from suit was based upon public policy and was conferred only where absolutely necessary, expert witnesses were prima facie immune only in so far as it was necessary to prevent them being inhibited from giving truthful and fair evidence in court.

Speaker: Mr Stephen Dennison QC
Event Date: 4 Mar 09
Event Title: Atkin Chambers on: (1) Delay Analysis, Concurrency and the Contractual Allocation of Risk (2) Immunity of Expert Witnesses?
Title of Paper/Presentation: Concurrent Delay in Engineering and Construction Projects - When is "What is Fair and Reasonable" an Appropriate Solution

Presentation slides on Concurrent Delay in Engineering and Construction Projects - When is "What is Fair and Reasonable" an Appropriate Solution
Paper on Concurrent Delay in Engineering and Construction Projects - When is "What is Fair and Reasonable" an Appropriate Solution

Abstract of paper
Introduction

1. In a relatively recent decision of the English Court of Appeal1 when grappling with issues of causation Lord Justice Glidewell gave judgment in the following terms:

“The answer in my judgment is supplied by the Australian decisions to which I have referred, which I hold to represent the law of England as well as of Australia, in relation to a breach of duty imposed on a defendant whether by contract or in tort in a situation analogous to breach of contract. The answer in the end is “By the application of the court’s common sense”.”

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