The Importance of Transparency in Infrastructure Disputes

John Tackaberry KC

February 2023

A paper presented at the Irish Conference of the Society of Construction Law in Dublin on 24th November 2022

John Tackaberry KC’s paper considers the controversial topic of confidentiality in dispute resolution. He argues that the public interest in the development of the law and in the ability to observe and review dispute resolution in society has been excluded. The paper looks at the arguments for and against confidentiality, and the argument that more cases should be seen by the Commercial Court, before focusing on infrastructure disputes. The author uses Grenfell to highlight the interdependence of bodies in a major project, and the importance of the context of Grenfell, which involves the Lakanal House fire. He argues that there are moral and legal duties to have in mind the consequences of major failure, and the greater degree discussions and disputes are in the public domain, the greater chance such failures may be prevented.

The Battle of the Bernards; and Lord Thomas’ BAILII Lecture – Infrastructure Disputes – Conclusion

The author: John Tackaberry KC is a barrister practising from 39 Essex Chambers and was the founding president of the Society of Construction Law.

Text: 16 pages