Summary

Specialist in domestic and international civil engineering and building disputes, shipbuilding and ship conversion disputes, rail and rolling stock, disputes and oil and gas projects.

Oil Rigs:
Counsel for contractors in connection with several oil rig construction projects.

Pipelines:
Counsel for contractors in defects action - Birmingham to Gatwick Airport.

Counsel for contractors in cost overrun claims - Ethylene pipeline England and Scotland. Dispute concerned unforeseen ground conditions.

Dams:
Counsel for Contractor in relation to major dam project in Malaysia. Included disputes as to unforeseen ground conditions.

Power Stations:
Counsel for employer and contractor in various disputes concerning design, construction and reconditioning of several power stations. These include fossil fuel power stations, fluid bed boilers, tyre burning and combined cycle power stations.

FPSO:
Counsel for ABB Lummus Global Limited a dispute with Keppel Fels Limited, concerning the design and construction of the topsides of the Varg FPSO (H.C .and Arbitration)

Counsel for Amec Process and Energy Limited in a dispute with Stock BV concerning the design and construction of the topsides of the Anaseurra FPSO (H.C.)

Counsel for Sovereign Oil Limited in a dispute with Aker Limited concerning the payment of a sailaway bonus in relation to the construction of the topsides Banf Ramform FPSO (H.C.)

Ship conversion:
Counsel for the owners in a dispute concerning the conversion of a 130,000t bulk carrier into the world's largest dynamically positioned pipelayer (LMA Arbitration).

Railways, Tramways and Underground Sysytems:

Extensive experience acting for employers and contractors in connection with cost overrun claims and liquidated damages in relation to the design, construction and upgrading of railway, underground and tram networks and the construction and modification of rolling stock in the UK, Europe and the Far East.

Tunnels:

Instructed for employers and contractors in many international disputes covering the design and construction of tunnels for water, rail and vehicular traffic.

Examples include the Channel Tunnel, dam projects in Malaysia and the Brighton and Hove By-Pass (H C and arbitration).

Information Technology:

Instructed in various disputes concerning the design and construction of computers and the development of software. Cases include a lengthy dispute between the London Fire and civil Defence Authority and Marconi concerning the design and construction of its central mobilising command and control system.

P.F.I

Instructed on behalf of parties to contracts made under the UK Government's PFI initiative. Advised upon, conducted and defended claims on a wide range of large projects relating to the construction of roads, tunnels, hospitals, schools and railways.

Procurement:

Extensive experience with disputes under UK and European procurement rules. Instructed by the Coroprate Office of the House of Commons in connection with a lengthy High Court Action brought by tenderers for the fenestration package of the New Parliamentary Building at Westminster.

Significant reported cases

Murphy v. Brentwood B.C. H.L. [1991] 1 AC 398

Balfour Beatty v. Eurotunnel H.L. [1992] 2 LLoyds Rep. 7

L.B. Barnet v. London Residuary Body C.A. (1990) 154 LG Rev.

Lampitt v. Poole Borough Council C.A. [1991] 2 QB 545

Martin Grant v. Sir Lindsay Parkinson C.A. 29 BLR 31

ABB Lummus Global Ltd v. Keppel Fels Ltd [1999] Lloyds Rep. p. 24

Amec Process and Energy Ltd v. Stork Engineers & Contractors BV (2000) BLR p. 70

BICC Ltd v. Parkman 78 CLR p. 18

Bovis Lend Lease v. Braehead Ltd 71 CLR p. 208

Harmon CFEM Facades UK v Corporate Officer of the House of Commons (1999 67 Con LR 1

Lesotho Highland Development Authority v Impreglio SpA and Others (2003) C.A.Lloyds Rep 497

Mirant Asia Pacific Construction (Hong Kong) Ltd v Ove Arup & PArtners 2004 C.A. BLR 75. 90 Con LR 40

Road Management Services (AB) Plc v London Power Networks (2003) BLR 303

Additional Experience

Solicitors' negligence actions.

Performance Bonds and Guarantees.

Recent Experience as Arbitrator

Appointed as Arbitrator to sit in London with Lord Mustill (Chairman) and Stephen York in a dispute between two large companies concerning claim for sums allegedly due under a contract for the construction in the Far East of steel manufacturing equipment. The arbitration was governed by UNCITRAL rules.

Appointed as Arbitrator to sit in Wellington, New Zealand with Sir Ian Barker (retired Justice of High Court of New Zealand) and Mr A J Parsons in a dispute between the Government of a group of Pacific Islands and a New Zealand contractor concerning the construction of a road. Claims made by the Contractor inculded unforseen ground conditions, breach of contract and measurement claims. FIDIC conditions applied. The arbitration was governed by ICC Rules.

Appointed to sit as sole arbitrator in London in dispute between Japanese finance company and Japanese contractor to determine liability for failure of pipework in a closed air-conditioning system in a 16 storey office building in the City of London. The dispute involved extensive techincal evidence relting to water treatment and its chemisrty and the possible interaction between chemicals used for water treatment and the failure of pipe fittings and metallurgy. Ad hoc equipment.

Publishing

Contributor Forms & Precedents: Building Contracts.

Interests

Music
Farming
Gardening
Riding
Sailing