Anthony Philpott

In 2015/2016 as a Direct Public Access Barrister with authority to conduct litigation Anthony defended a construction contractor against criminal charges, who was acquitted on appeal.

My work

Anthony conducted the litigation and appeared for a Building Contractor in a Construction dispute in the Technology and Construction Court of the High Court, reported in the Building Law Reports of November 2020, namely Lane End Developments Construction Limited -v- Kingstone Civil Engineering [2020] EWHC 2338 (TCC), Building Law Reports Part 9 at page 599 November 2020,

Anthony conducted the litigation and appeared in a construction dispute in the Technology and Construction Court of the High Court, in the enforcement of an Adjudicator’s decision to award £200,000 plus costs and the successful defence of an application to set aside default judgment entered in respect of an Adjudicator’s decision. (Vantage Design and Build -v- J Oliff and Son Limited [2015] HT-2015000399).

Anthony conducted the litigation and appeared in a contractual dispute on behalf of a Mechanical and Engineering Contractor in the Royal Courts of Justice in a successful claim for money owed that was hard fought over many years, (Ekotherm Limited -v- Ambient Environmental Limited, C6QZ8308).

As a solicitor Anthony has prepared numerous appeals in the County Court and to the Court of Appeal including the reported cases of Jones -v- First National Bank plc, Peacock -v- First National Bank plc [1996] EWCA Civ 847 upon the Consumer Credit Act 1974 Section 56 (2) and Section 75  and the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters [1968] and First National Bank plc -v- Thompson [1996] Ch 231 C.A. upon estoppel by representation and he appeared in a first instance decision that was later reported in the Court of Appeal, namely First National Bank plc -v- Walker [2000] EWCA Civ 3015, an application to set aside the Bank’s charge for undue influence. 

He achieved three notable victories as a Direct Public Access Barrister in construction disputes since joining chambers at King’s Bench Walk in March 2021. He successfully represented a Claimant builder in an Arbitration related to the construction of a house in which the Arbitrator awarded a significant sum claimed plus costs.

In the Technology and Construction Court of the High Court in Wintech Modular Projects Limited -v- Graybuild Limited HT-2021-00-262 he obtained summary judgment of a sum in excess of £50,000 awarded to the construction sub-contractor plus costs. 

In the Plymouth County Court, in the case of Lester Corporation Limited -v- Dr Fateh Omar Rahim G01YX207 he defeated a claim against his property developer client in connection with a multi-million pound development.  Anthony conducted the case as litigator for the Defendant and appeared as Counsel in the three- day trial. The court agreed with his submissions that a binding contract had not been made so that the breach of contract claim failed.

In this case Anthony obtained costs orders from the Judge that the Claimant should pay to the Defendant indemnity costs for the defence of the action and a non-party costs order against the Director of the Claimant company, on the grounds that he was the real Claimant.

This year in an Adjudication enforcement claim of Mayo Civil Engineering Limited v Beaumont Morgan Developments Limited HT-2021-000459 that he commenced in the Technology and Construction Court of the High Court on behalf of an unpaid Building Contractor he obtained judgment for them of circa £300,000 inclusive of interest and costs.
If you have problems in getting paid by your clients, he can:
• Endeavour to recover the amounts owed as quickly as possible to improve the cash flow of your business,
• Maximise your chances of recovering the sums owed to you by representing you in
 construction Adjudication, Arbitration, Mediation and Litigation,
• Enforce in court an Adjudicator’s decision made in your favour in a cost effective
 manner

About me

Anthony is a former in house Legal Counsel with construction giant Bovis Lend Lease Limited (now Lend Lease) a multi-national project management and construction company where for eleven years from 1998 to 2009 he successfully conducted high value Litigation and Adjudication proceedings, including a multi-million pound dispute that was heard in Technology and Construction Court of the High Court and which was settled through Mediation.

Anthony is a former in-house Litigation Solicitor with First National Bank, then part of the Abbey National Group, where he conducted consumer credit and mortgage repossession litigation. Anthony appeared as advocate in very many hearings in chambers and in open court, in property/consumer credit disputes and mortgage repossessions cases.

Other useful information:

Speaker at the International In House Counsel Journal conference at the Law Society, Chancery Lane in March 2017 on Contract Management

Speaker at the Bond Solon Experts Witnesses conference in November 2017 on the independence of expert witnesses

In January 2021 he took part in an online Webinar as a panel speaker, with a solicitor of a law firm as a fellow panel speaker, on the differences between standard forms of building contracts (JCT and NEC) sponsored by the Chartered Institute of Arbitrators and the Chartered Institute of Building

Appointments/Memberships

2013 to present: Member of the Society of Construction Law

2005 to present: Member of the Chartered Institute of Arbitrators

1994 to 2010: Solicitor (practising)

From 2010 to present Solicitor (non-practising)

2010 to present Practising Barrister with authority to conduct litigation

What my clients say

"We would like to express our sincere gratitude for all your help in connection with the adjudication process.......the sheer scale and ferocity of the defence used by our client who appointed .... one of the top construction law firms in the country ...with no expense spared, who argued over just about every contractual and legal case possible in an effort to try and thwart what was to our mind true justice in the adjudication process....Needless to say we are absolutely elated to have received a positive outcome by winning the adjudication decision ...We would have no hesitation in using you again....we will be recommending you to anyone we know who may require your services in the future......."

“……you have come through with flying colours and have been a stalwart in supporting us during some very stressful and difficult times which have been a rollercoaster ride of emotions. You have shown phenomenal resilience and an amazing knowledge of construction and without your help and guile, I very much doubt that we would have succeeded.

The Adjudicator not only awarded us the full amount of our claim, he also quashed spurious arguments made by the other side and the substantial associated counter claims/set offs….”

- Recommendation of Cannon Construction Croydon Limited in 2012.

A Claimant client in a Disability Discrimination Employment Tribunal claim gave positive feedback on Anthony’s conduct of the claim, describing him as “an amazing lawyer and advocate” after a substantial settlement was reached.

The House Builder that he successfully represented in a construction Arbitration in 2021 gave the following recommendation and testimonial:

“As a small contractor without an office full of staff, my time is precious and control of my company's finances paramount.

Then, one day, within a contract, I had a client who decided they were not going to pay their bills.
The client, who was very wealthy, had employed a firm of international claims consultants who were also threatening me with anything and everything.

After taking some advice Anthony was recommended to me to help resolve the problem and after an initial meeting at his Chambers he said he could help me and agreed to take my case on.

After speaking with him as to which way to go, either Adjudication or Arbitration. I decided on Arbitration after he had explained both in detail.

I had a Contractors all risk insurance policy and included legal cover. That was the first battle as when I approached the insurance company to say I was looking to claim under the legal fees section they simply said I was not covered for Arbitration even though it was in black and white in the policy.

Anthony helped with this and after a bit of a battle with the insurers counsel the insurance company backed down and agreed to provide the cover which was stated in the policy documents.

The Arbitration process I can honestly say was the most stressful time of my life because it is a process to which I did not know or had any experience of ever. Along with the clients international claims consultants who were just no more than bullies. Racking up costs within the Arbitration to try to finish me off or get me just to give up. Along with that we had the Covid lockdown to contend with.

However all of the stress and bullying was just watered down with every call, email and contact I has with Anthony. He was just not phased by the other side at all. He worked like a Trojan, tirelessly batting anything that they tried throughout back to them. He also had to contend with the constraints of the Covid lockdown working from his home office rather than his Chambers in London. The hearing was even done via Zoom.

At the end all the tireless efforts and dogged determination were rewarded for Anthony and myself not only did we win the Arbitration itself but we were awarded full costs at the costs hearing.

I really am unable to thank Anthony enough for the stirling effort he put into my case as I am sure he puts into all of his cases. I really cannot recommend him enough.

Thank you, Anthony from all of my family and me.

Marc Bridgland……..”

COMPANY SPEAK

Recommendation of Former Head of the Legal and Insurance at Bovis Group 2016

“…. extremely hard working and driven to succeed. He has extensive knowledge of conditions of contract both for pure construction and for the PFI market together with many years of negotiating contracts at the highest levels of business. He also has experience as a barrister and solicitor/advocate which gives him a practical insight into dealing with disputes across a number of areas both in construction and property as well as insurance and employment law. He has demonstrated that he is able to work both as a member of a team as well as on his own. He has wide links to others in the construction and property industry. He met every challenge when working as a Legal Counsel with many of the Bovis Group companies - I highly recommend him”.

Professional & academic

1994: Admitted as a Solicitor – dual qualified as Barrister and Solicitor

1992: King’s College University London, Master of Science in Construction Law and Arbitration

1987: Called to the Bar    

1980:  Polytechnic of the South Bank, BA Hons Law

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