Call Date: 1991

Practice

Dominique specialises in contract and tort disputes arising out of technology, construction and engineering projects, professional negligence issues and contractual disputes regarding the design and supply of computer networks. She also frequently deals with other general commercial disputes on issues such as jurisdiction and bonds and warranties.

She has represented a wide range of contractors, private employers and their professional advisers, as well as local government, in arbitration and litigation (in both the High Court and the Appellate Courts). She also has excellent experience of mediation, where she has represented many clients in multiparty actions leading to early stage settlements, and adjudication, having advised on and prepared over 20 adjudications in the last few years. Fifteen of these she fought all the way to Decision, enforcement and some were taken further to subsequent proceedings.

She has handled many high profile cases, appearing in the House of Lords where she was Junior Counsel in successful appeal regarding the question of the availability of security for costs in ICC arbitrations (Coppee Lavalin N.V (S.A) v Ken-Ren Chemicals and Fertilisers Ltd [1995] 1 AC 38) and in the Court of Appeal where she resisted an appeal by a local authority regarding liability under repair covenants and fair proportion (Fountain and Colonnade Management v Westminster [2005] EWCA Civ 1607).

Dominique is recommended by the most recent editions of the legal directories, Chambers & Partners (2008) and Legal 500 (2007/8), as a leading junior in the

field of construction.

Construction and Engineering

Dominique has represented a large number of contractors, employers, professional advisers and local authorities in a wide range of domestic and international disputes relating to the design and construction of numerous building and civil engineering projects. Recent case examples include:

Acting for Channel Tunnel Rail Link (CTRL) in numerous claims between the employer and contractors arising out of the construction of the new CTRL high speed railway between London St Pancras and Folkestone. This included fighting seven adjudications and three arbitrations and regularly advising on disputes of substantial value;

Representing Degremont, a French multi national and its UK subsidiary in high court claim for £150m brought by United Utilities regarding the design of a process plant. This also involved an action on parent company guarantees in the French courts and a separate class action for personal injury brought by the residents of Liverpool;

Acting for a contractor on disputes regarding Wembley Stadium;

Representing American engineers in high court claim for £25m brought by Coca Cola company, regarding the design and construction of the biggest soft drinks production plant in the world in Ireland. This involved chemical engineering technical issues and allegations of 'wilful misconduct' as well as a series of tripartite mediations held in New York;

Acting for a contractor in an arbitration against Network Rail regarding installation of signalling equipment;

Representing London Underground (2007) in an arbitration brought by a contractor engaged to design and install new communications network on the whole underground network;

Representing a housing developer in a variety of claims arising out of housing development projects, particularly concerning defects in construction and contamination of site on which development constructed;

Defending an employer in an arbitration (to Final Award) brought by a German company main contractor concerning the design and build of a hazardous waste incineration plant: involving issues regarding chemical engineering, defects in plant performance, and compliance with EEC law about environmental emissions;

Representing the main contractor in an arbitration (to Final Award) against the government regarding the construction of tunnels for a major roadway. It involved issues about defects in concrete works and a contractor's loss and expense claim;

Representing the main contractor in an arbitration (to Final Award) against an employer concerning the construction of a five storey office development in the City of London. It involved variations claims, defects and the contractor's claim for loss and expense;

Defending the main contractor in a claim brought by a cladding subcontractor in relation to a project for the construction of a major shopping centre outside London. The claim was for delay and disruption;

Defending a local authority in an arbitration (to Final Award) brought by the main contractor for variations, extensions of time and loss and expense regarding a project for improvements to town centre roadways and public areas;

Representing a subcontract boiler manufacturer in an arbitration (to Final Award) regarding defects in plant, extensions of time, loss and expense.

Professional Negligence

She has a great deal of experience in the professional negligence field, acting for claimants, defendants and their indemnity insurers in relation to claims brought against a wide range of professionals to include engineers, surveyors, architects and other construction professionals. Examples of her recent cases include:

Representing a client in a claim against the Contractor and Professional Engineers regarding a defective floor installation at a state of the art automated distribution facility for a very substantial online retailer (2006-7);

Defending architects in a claim brought by a Health Care Trust regarding the design and construction of a new facility that was ultimately demolished and reconstructed (2007);

Representing employers in a claim against engineers relating to a multi-million pound land reclamation project at the site of a disused steelworks and colliery, involving issues relating in particular to site investigation, design of scheme and programming;

Representing employers regarding the design and construction of a London hospital, involving all respects of the project. There were allegations of professional negligence against all members of the professional team;

Defending engineers in a claim regarding the design and construction of a London shopping development, involving issues of structural engineering, mechanical and electrical engineering and loss and expense claims;

Defending engineers and project managers in a claim made by the owner of a nursing home regarding alleged negligent advice and wasted expenditure;

Defending engineers in a claim for damages for negligence regarding the construction of a property and subsequent subsidence;

Acting for property developers against surveyors in a negligent valuation dispute regarding a hotel purchase;

Acting for the employer against architect / project managers in a claim for negligent design/advice regarding the development of several bingo clubs around UK.

IT and telecommunications

Dominique has a great deal of experience in the IT and Telecommunications' field acting for suppliers, contractors, manufacturers and users, in the public and private sector, in relation to computer software and hardware systems. Examples of his recent work include:

Representing the defendant in a commercial court case regarding the design and supply of a multi-million pound computer system for a major international bank as an international message network, raising issues of design defects and programming problems;

Acting in a claim regarding the design and supply of specialist software and hardware for a computer system for a mail order company;

Advising a police authority regarding a claim against a computer contractor for failure to design and provide bespoke human resources management software which satisfied client requirements;

Acting on two concurrent arbitrations in relation to the design and construction of major water treatment plants involving technical issues of effectiveness of the system and its software and the programming thereof;

Acting for a national manufacturing company against a computer contractor in a claim concerning the failure of hardware and software to achieve client requirements. It also involved issues concerning licence and maintenance agreements;

Defending a privately owned software company accused of failing to implement Y2K compliant software;

Representing an internet based company in a claim concerning the sale of IT products and services via websites.

Other Commercial

In addition to the specialised areas above, Dominique is also frequently instructed on general commercial disputes arising (such as private international law aspects of contractual disputes like jurisdiction and conflicts, bonds and warranties, PFI matters and fraud). Examples of her work include:

Acting in United Utilities v Degremont (2005), successfully defending a claim against the Parent company under a guarantee on the grounds that France was the correct jurisdiction for the dispute [Jurisdiction];

Acting in Heifer v Christiansen and Others (2007) in a High court action by the client against a Danish architect, defending the architect on the grounds of (inter alia) no jurisdiction. [Jurisdiction];

Advising a client domiciled in India regarding a power station in Bangladesh and whether the claim should be brought in English court for injunction and other relief (2007) [Jurisdiction];

Advising a client registered in Holland whether a claim could be brought in English courts against a defendant registered in Spain, despite bankruptcy proceedings in Spain. Proceedings were issued 2007 [Jurisdiction];

Appearing in short trials concerning preliminary issues or declaratory claims, such as representing a contractor in a claim regarding a railway refurbishment contract, at a hearing to consider whether contract formed or not. North Thames Regional Health Authority v Shepherd Robson and Others TLR 23/1/96 J Murphy and Sons v ABB Daimler Benz (1999) CILL 1461 [Declaratory relief];

Defending the main contractor in an action brought by a local authority for fraud bribery and corruption in relation to a project for refurbishment of public housing, London Borough of Lambeth v Clarke and Others), [Court of Appeal ]TLR 26/12/94 [Fraud];

Advising on PFI Contract disputes in the health and rail and infrastructure sectors particularly. This includes representing London Underground in a dispute against a PFI contractor regarding service and maintenance issues (2006) [PFI Contracts];

Acting for the contractor in injunction proceedings to restrain payment out under performance bonds Lorne Stewart PLC v Hermes Kreditversicherungs AG [Garland J] LTL 30 Nov 2004 [Bonds and Guarantees].

Reported cases

Lorne Stewart PLC v Hermes Kreditversicherungs AG [Garland J] LTL 30 Nov 2004

London Borough of Lambeth v Clarke and Others), [Court of Appeal ]TLR 26/12/94

North Thames Regional Health Authority v Shepherd Robson and Others TLR 23/1/96
J Murphy and Sons v ABB Daimler Benz (1999) CILL 1461

Project Consultancy Group v The Trustees of the Grays Trust (1999) BLR 377

Multiplex Construction v West India Quay Development (2006, Jackson J)

William Verry v London Borough Camden (2006, Ramsey J) EWHC 761 (TCC)

Fountain and Colonnade Management v Westminster [2005] EWCA Civ 1607

Coppee Lavalin N.V (S.A) v Ken-Ren Chemicals and Fertilisers Ltd [1995] 1 AC 38

Lewisham London borough Council v Shepherd Hill LTL 5/9/2001

United Utilities v Degremont (2005)

Recommendations

"Dominique Rawley has proved herself a vital part of teams in significant cases" Chambers and Partners 2008 Construction

"increasingly good practice(s)" Legal 500 2007/8 Construction

"Dominique Rawley has made a splash this year" Chambers and Partners 2007 Construction

"Dominique Rawley has done extremely good work for her clients" Chambers and Partners 2006 Construction

She "has done some brilliant work" Chambers and Partners 2005 Construction