Construction work is a major specialisation of my practice. I am dual qualified as a barrister and an engineer. I am a member of TECBAR, COMBAR, the Society of Construction Law, a Corporate Member of the Institute of Engineering Technology and the Institute of Physics and a Chartered Electrical Engineer. My litigation experience is underpinned by over 30 years of extensive pre-bar experience in construction and engineering project related work employed in engineering and project management roles and as a claims consultant.
My technical qualifications and practical hands on professional engineering and project management background makes me ideally suited to this kind of work. My dual qualifications as a Barrister and Chartered Engineer coupled with years of experience in contracting in industry and commercial sectors help me assist my clients to quickly identify the key technical, commercial and legal issues involved in their case and how to best approach their resolution by litigation or by an ADR process.
I am instructed in cases involving a wide range of disputes in terms of complexity and disputed value and by any party whether claimant(s) or one or more defendant. I can appear in all courts and tribunals concerned with construction and engineering disputes.
I will deploy all my legal and background technical and commercial skills to assist you in identifying the best course of action to take given the litigation and cost risks presented by your dispute. I will help you identify those risks as soon as possible.
I have experience of disputes in this area instructed as sole counsel in the County Court and the High Court Technology and Construction Court and in Mediation. I have experience of multiparty disputes involving experts in a number of disciplines and simpler matters were no expert evidence was required. My broad spectrum of experience is particularly helpful in helping clients identify and appoint suitable experts to assist the court (or other tribunal deciding their case) should that become necessary and appropriate.
I have a wealth of experience in dealing with a range of disputes from large scale projects in the public sector, private industry and the commercial sector to much smaller projects between private individuals and SME providers. I have previously worked in-house as a Contracts Dispute Consultant as a multidisciplinary team member with a Forensic Planner and Quantity Surveyor in preparing and drafting Adjudication claims under a major underground rail project. I have represented and worked for both suppliers and employers and understand the challenges faced by each side of a dispute.
I will deploy all my skills to deconstruct your problem and then advise you on an appropriate strategy for settlement of your dispute and the likely costs to be incurred before you take your next step. After an initial consultation you can instruct me to simply advise you about your case in writing or to draft documents for you or to represent you generally as your Public Access Counsel to help you manage your case and represent you in court should that become necessary.
My approach
I appreciate that win or lose the case more often than not presents a serious threat to my clients livelyhood and or reputation and I aim to help my clients avoid any negative consequences of litigation (or Abritration and Adjudication) whenever possible.
I take a collaborative approach with my clients and any of their other advisors and adopt a can do attitude when engaging with a case.
I always aim to be thorough in every way, especially in drafting court documents and preparing a case for trial. I keep a close eye on my clients budget and seek appropriate instructions before incurring costs outside of the agreed budget for my own work.
I see it as an issue of great importance that I understand as far as reasonably possible the case and the client (and the others side) in order to effectively assist my client in balancing all the risks and cost burdens the case presents before taking the agreed cost effective steps to resolve the matter.
If I think your case or any issue is not worth pursuing or has come to a point where you should seek a settlement I will advise you of this as soon as possible.
I always strive to deliver a high quality cost effective service in everything I am instructed to do. I will ensure arrangements are in place to enable you to contact me at reasonable times and on regular occasions. I will aim to help reduce the stress you might experience during the case by responding quickly to your needs and helping you meet court imposed deadlines and other dates agreed between parties for events and procedural steps to be taken in the case.
I appreciate that win or lose the case more often than not presents a serious threat to my clients livelyhood and or reputation and I aim to help my clients avoid any negative consequences of litigation (or Abritration and Adjudication) whenever possible. I take a collaborative approach with my clients and any of their other advisors and will identify what steps you and each party must take to help deliver success for you.
I always aim to be thorough in every way, especially in drafting court documents and preparing a case for trial. I keep a close eye on my clients budget and seek appropriate instructions before incurring costs outside of the agreed budget for my own work. If possible I will agree a fixed price for either all or part of the work I undertake to do.
If I think your case or any issue is not worth pursuing or has come to a point where you should seek a settlement I will advise you of this as soon as possible.
My experience informs my strongly held view that downstream surprises means avoidable and significant costs. I see it as an issue of great importance that I understand as far as reasonably possible from the outset the case and the client (and the others side) in order to effectively assist my client in balancing all the risks and cost burdens the case presents before taking the agreed cost effective steps to resolve the matter. In construction and engineering cases I find it invaluable in most cases to visit the site as soon as instructed as this often helps clarify the matters in dispute as early as possible.
I accept cases in all England & Wales regions and internationally. My Chambers is located in the legal district of Central London but I can conveniently meet in the Greater Manchester and Merseyside regions or Leeds City Central. I do not take an ivory tower approach and will meet with you wherever is convenient to both of us subject to agreement about travel expenses. If it is not possible to meet with you personally at the outset I will proceed on the papers and engage with you by conference call and or email as required once you have satisfied the Identity Check process and arrange a later meeting.
My work
Cases I have been involved in have involved a wide range of interested parties including Prime Contractors, Main Contractors, SME contract builders and specialist sub-contractors, all types of construction related professionals , Insurers and of course disputant employers from individuals, partnerships, limited companies to Local Authorities and other government departments and bodies. My experience gained in working with such a wide range of disputing parties and advisors helps me to focus quickly on the merits of your dispute and the likely approach to be taken by the other side and the likely costs to be incurred. by each party.
I am familiar with most standard form contracts used in the industry and in particular NEC and JCT forms as well as bespoke contracts ranging from complex PPI/PFI contracts for public works to simple Letters of Engagement used for much smaller scale projects such as premises repair and fit-out.
I am a qualified Arbitrator (Fellow of Chartered Institute of Arbitrators) and an Accredited Mediator (ADR Group) and also an ‘Expert Panel’ Member of the Dispute Board Federation. I am well placed to advise clients on alternatives to litigating their disputes by way of Arbitration, Adjudication and Mediation or by Expert Determination or Dispute Boards (appointed pre and post any dispute arising).
My work in this area has involved (but not exclusively) the following kinds of issues:
- Breach of contract generally and breach of lease covenants to repair or reinstate damage caused to the premises by the landlord, tenant(s) or others.
- Whether a construction contract has been agreed
- Payment disputes; Final Account, Interim Payment.
- Entitlement to Variations and payment/repayment or damages for Changes to Contract scope, Extension of Time and Delay and/or Acceleration Costs
- Damages or specific performance for reinstatement of fire/leak damage to premises
- Claims for water ingress caused by building works to adjacent premises
- Compliance with Building Regulations
- Defective services caused by defective workmanship and/or design
- Damage to and reinstatement of Building Services
- Party Wall Award matters and appointment and performance of a Party Wall Surveyor
- Arbitrators jurisdiction to accept an appointment
- Advising on and drafting Arbitration clauses for various contracts
- Drafting claims for determination by Adjudication.
- Enforcement of Arbitration Awards and Adjudication Decisions
- Claims for business interruption loss consequential to defective/delayed construction works
- Negligence by professional advisors and agents including issue of certificates and contract administration
Example cases:
I represented a petrol station Lease Owner and successfully defended a claim against him for liability for alleged additional works to the refit of his forecourt café following a substantial fire.
I represented a Restaurateur Partnership and successfully obtained judgement covering reinstatement of the premises and replacement of their kitchen equipment and tenant installed building services. A successful outcome was achieved after 2 year pre-litigation battle between tenant, landlord, landlord’s builder and their insurer and 2 years of court proceedings culminating in a long trial in the High Court’s Technology and Construction Court for the reinstatement of restaurant premises following damage caused by the Landlord’s residential development above their leased premises.
I advised a Local Authority client on their rights to pursue damages and prospects for trial for wrongful termination of a design and build contract for the construction of school premises and liability for damages for payments withheld under a Pre-Construction Services Agreement.
About me
Before coming to the Bar I worked for over 30 years in industry and commerce on a wide variety of engagements gaining years of experience in why projects/contracts go wrong and how disputes develop and how they get settled.
I developed from my early working life as a skilled craftsman to a professional engineer working for leading industry players and government departments on some very high profile projects in the manufacturing, nuclear, oil & gas, food processing, health care and information processing sectors to name a few. My technical expertise was augmented by increasing involvement in commercial contracting for projects I was engaged on. This experience led me into the dispute settlement arena and ultimately to a decision to train for the Bar and work as an independant advocate and then to train as an Arbitrator and Mediator too.
My career background has equiped me with a clutch of high level technical qualifications which together with my legal qualifications and training as an Arbitrator and Mediator provide me with an almost unique skill set which I can bring to bear on my clients case.
My training and experience has given me the necessary insight to quickly get to grips with massive amounts of information and a forensic ability to sift that information down to what is relevant and what is not in the dispute and with an ability to communicate effectively with clients of very differing backgrounds how to approach the problem they are faced with.
As a result of my broad based background I have a practice which covers essentially 3 specialisms; Construction and Engineering, Commercial and Contracts, Intellectual Property and IT. Many disputes cover at least 2 elements if not all 3 of these specialisms, my ability to cover all 3 areas as an expert greatly assists many clients. These practice areas are underpinned with my qualification and experience in Arbitration and other forms of ADR process such as Mediation which I constantly consider whilst engaged in the dispute.
Professional & academic
Qualifications:
BEng Hons in Electronic Engineering [1989]
CEng - Chartered Electrical Engineer [1993]
Diploma in Law [Called to the Bar of England And Wales by the Inner Temple 2005]
Certificate in Arbitration (Chartered Institute of Arbitrators)
Accredited Mediator: ADR Group and Regents College London, School of Psychotherapy & Counselling Psychology
Professional Associations:
Member of Intellectual Property Bar Association
Member of TECBAR
Member of COMBAR
Member of the Society of Construction Law
Member of the International Nuclear Law Association
Member of the Society for Computers and Law
Member of the Dispute Board Federation (Expert Panel Member)
Member of LCIA (London Court of International Arbitration)
FCIArb - Fellow of Chartered Institute of Arbitrators [2010]
MIET - Member of Institute of Engineering Technology [1993]
MIOP - Member of Institute of Physics [1993], formerly CPhys - registered as a Chartered Physicist between 1993 - 1999.
- All Locations
- London