The CBA in 2021/22
Welcome back to all Members for the legal year 2021/22. At the risk of understatement, the Covid-19 pandemic has been a trying time; both personally and professionally. The CBA shares the wider hope that normalcy, or some tolerable version of same, will return during this legal year. With this hope in mind, but only as and when the public health vista allows, the CBA Tech Talk Programme will return to the Gaffney Room in the Sheds (while maintaining the live Webcast for members who cannot or prefer not to attend in person). Three CBA Tech Talks have been scheduled for Michaelmas 2021. The stalwarts of the editorial board of the CBA Construction Law Periodical will maintain their proven consistency in all circumstances and shall publish the first of its three editions of the Periodical in November 2021. In respect of other new developments (pun wholly intended) the CBA has added an Adjudication Codex Extension (see below) to provide a home for relevant case-law and, in due course, articles and papers on the subject of Adjudication, the new CBA Construction Law Podcast is currently in the process of being built and the CBA is delighted to have been asked to co-host two book launches on construction law.
As for Hilary 2022 and beyond, the CBA will announce the second year of the very successful Sanfey Essay Prize in January 2022, present a further six CBA Tech Talks, publish the two further editions of the CBA Periodical, and preparations have already begun for the CBA Annual Construction Law Conference 2022 to be held live in late Spring. Finally, and all going to plan, we expect to celebrate the return of the CBA Summer Lecture and Garden Party in July 2022.
Please regularly check the News and Events section for relevant dates and times in respect of all of the foregoing. The CBA is an Association dedicated to the service of its Members; therefore, if you have any queries, requests, observations or cunning plans please contact the Secretary.
Jonathan S. FitzGerald
CBA – Chair 2021/22
Quick link to: The Codex
The Codex is a unique compendium of Irish Construction Law. The Codex consists of in excess of 100 papers and recorded lectures concerning a variety of discrete topics relevant to Irish construction law and practice. The Codex is undergoing an extension during Michaelmas 2021 to house the new Adjudication Library (please see below).
Access to the Members’ Section and the CBA Codex is a reserved benefit of membership of the CBA in good standing. Membership is a sine qua non prior to online access. Please contact the Secretary, Barra McCabe BL, in relation to Membership of the CBA or if you have any trouble accessing the Codex online. Current Members in good standing who are not yet registered for online access should follow the registration process set out at the bottom of this page and then email the Secretary to note their online access application.
Please note that online registration by non-Members will not be approved.
Adjudication Codex Extension 2021
Statutory adjudication pursuant to the Construction Contracts Act, 2013 has entered the mainstream in the resolution of construction disputes in Ireland. This emergence has not been without the inevitable “growing pains”, which are likely to continue as the High Court develops Irish jurisprudence in respect of same. The danger of reliance upon the developed body of case-law in our neighbouring jurisdiction has been explicitly highlighted by the High Court in recent judgments. The CBA has collated a mini-Codex of relevant caselaw for the use and benefit of members of the Association which is curated by our colleague, Michael Judge BL. This Library shall remain open access during its build in 2021. In due course it shall be moved to the Codex as a reserved benefit of Membership. If you have any queries or comments please email firstname.lastname@example.org.
The Sanfey Essay Prize 2021/22
The Construction Bar Association launched the inaugural essay competition, named in honour of one of the founders of the Association, Mr. Justice Mark Sanfey, in January 2021. The competition was open to all disciplines, including practitioners and academics on a topic of the entrant’s choosing on construction law and practice in Ireland. The reviewing Panel, lead by Anthony Hussey and with Deirdre Ni Fhlionn BL and Claire Cummins BL (and Jonathan FitzGerald BL ex officio) was delighted with the response and has informed the winners in July 2021. The CBA will host the prize giving on 8th December 2021.
The opening of The Sanfey Essay Prize 2022 will be announced presently.
CBA Tech Talk Webinar Programme 2021/22
During the Covid-19 emergency, the Executive Committee of the CBA has placed an increased emphasis in bringing the CBA Tech Talk Programme online. The Association is particularly grateful to the Bar Council in providing vital technical and logistical support and to our colleague, James Burke BL, for leading this area of activity on behalf of the Association. Please see the News and Events section for details of upcoming Webinars in 2021/22.
If any Member would like to become involved in the CBA Tech Talk Programme or would like to suggest a topic / issue that might benefit from exploration in a future webinar please contact our colleague, James Burke BL.
CBA and the Young Bar
The support of more junior members is a key policy focus of the CBA which was imbedded by way of constitutional amendment passed at the July 2020 AGM providing that at least 2 of the members of the Executive Committee must be drawn from years 1 – 7.
By dint of nomenclature, culture and sector specific dispute resolution mechanisms and fora, establishing a practice in construction law can be a daunting prospect for younger lawyers. It is a core tenet of the CBA to provide assistance and platform to younger lawyers interested in developing their practice in the area of construction law and dispute resolution.
Please see click on the following link to view the CBA’s Address to the New Practitioners 2021 which provides a useful summary of the CBA’s activities. If you have any queries or would like to discuss becoming involved in the Association’s activities please do hesitate to contact the Secretary.
CBA Periodical 2020/21
The CBA produces the CBA Construction Law Periodical three times per annum which provides case summaries of new and relevant construction law jurisprudence (both domestic and drawn from other common law / model law jurisdictions). The Periodical, edited by John McDonagh SC and Michael Judge BL, is published both online and in hard copy format and is widely distributed in the legal community. If you are interested in providing a case-note for publication in the Periodical, please contact our colleague Michael Judge BL.
CBA Government and Regulatory
The CBA was a designated stakeholder in the roll out of Adjudication in Ireland by way of the Construction Contracts Act, 2013. It remains a core function of the CBA on behalf of its Members to liaise with Government and bodies involved in the administration of justice to assist positively in reform specifically as it connects with construction law and construction dispute resolution.
CBA & ALONE
Covid-19 is not an equal opportunity aggressor and has impacted the lives of our seniors more profoundly that other sectors of our community. The CBA was delighted to host a special Christmas Lecture 2019/20 from Mr. Seán Moynihan, CEO of ALONE, on the topic of ‘Housing Issues for Older People: No Room at the Inn?’, chaired by our former chairman and co-founder, the Honourable Mr. Justice Mark Sanfey. Proceeds of the event went to fund ALONE’s vital work in supporting older people nationwide. The CBA has continued to work with ALONE in support of its activities which include a network of 2,000 volunteers throughout Ireland who support its work by befriending, visiting and giving practical help to older people. To meet the needs of our population in the next ten years, ALONE will need to grow this army of volunteers to 7,000. If you can spare some of your time to volunteer in your community, please click this link Volunteering with ALONE to find out more. If you are time-poor but want to help – please consider a once-off or a regular donation by clicking Donate to ALONE.
Membership of the CBA is reserved to:-
- To any barrister who is a member of the Law Library;
- To any solicitor who is on the Roll of Solicitors;
- To any firm of solicitors;
- To any person who is elected by the Committee of the Association as an Honorary Member.
The Executive Committee of the CBA welcomes membership applications or renewals for the Legal Year 2020/2021 (please see below application forms or for more information or if you have any queries in relation to Membership, again please contact the Secretary).
Membership fees for 2021/2022 are now due (as and from 1 September 2021). The Executive Committee has determined that Membership Fees should remain unchanged during the current Covid-19 Pandemic.
Extant members of the Association may renew their membership by returning a completed application form with the appropriate fee to The Construction Bar Association of Ireland, The Law Library Distillery Building, 145-151 Church Street, Dublin 7 or by emailing a copy to the Secretary and transferring the (modest) annual subscription fee by EFT online.
The Honourable Ms. Justice Marie Baker
The Honourable Mr. Justice Brian Cregan
The Honourable Mr. Justice David Barniville
The Honourable Mr. Justice Denis McDonald
The Honourable Mr. Justice Senan Allen
The Honourable Mr. Justice Mark Sanfey