Summary

Fiona has a large and varied commercial practice advising and representing multi national companies, public bodies and international clients in the High Court; International and Domestic Arbitration, Adjudication and all forms of ADR..

Main Areas of Practice

Construction Engineering & Infrastructure Projects:

Experience of domestic and international disputes arising out of all major standard forms of building, engineering and process plant contracts, associated performance bonds & guarantees, local authority maintenance contracts and bespoke construction contracts. Particular experience of large scale, complex technical and factual disputes. Examples include:

Gibraltar Homes Ltd v. Agroman (Gibraltar) Ltd - Acting for a limited company created by the Gibraltar Government in connection with defects in a large public housing development. The case involved consideration of conflict of laws, EC Company law, Spanish company law; the Gibraltar Arbitration Ordinance, issue estoppel, performance bonds and the validity of parent company guarantees.

Whites Property Co Ltd v. Birse Construction Ltd - Acting for a subsidiary of Boots plc. The case concerned the contractor's refusal to procure collateral warranties for the developer's shopping centre, proper measure of loss due to developer; contractor's loss and expense, delay & disruption claim; associated professional negligence claim against architects and engineers.

Yorkshire Water Services Limited v. Taylor Woodrow Construction Ltd (& others) -
Acting for Defendant Process Engineering Contractor in connection with a dispute about the performance of an SBR treatment plant. Consideration of the meaning and effect of the I Chem E Red Book (and in particular the contractual requirements imposed in relation to the performance of the plant), associated bespoke sub-contract forms; "no-contract" issues in relation to creation of sub-contract; construction and scope of indemnities and effects of inter party settlement in a continuing multi party action. Detailed consideration of technical matters underlying and explaining apparent poor performance of plant.

London Borough of Lambeth v. Botes Building Limited - Acting for Building Company in a lengthy case before the technology and construction court defending allegations of fraud and undue enrichment in connection with the award and operation of a local authority maintenance contract.

Cameroon Airlines v. Transnet Limited - Appearing for state owned airline in connection with s.67 Arbitration Act application in Commercial Court. Underlying arbitration concerned parties' rights to payment where aircraft maintenance contract procured by fraud, bribery and corruption.

Energy:

Acting for major oil companies in connection with disputes arising out of construction of oil pipelines in the Middle East, South China Sea, the development of gas and condensate fields in Kazakhstan and the supply of a large jack up oil rig for the North Sea. Advising on the meaning and effect of EPCIC Contracts. Advising in connection with the construction of a water injection platform in the Norwegian sector of the North Sea and the provision of hulls and moorings for deep water developments in the Gulf of Mexico. Examples include:

Amoco Ltd v. British American Offshore Limited- Representing BPAmoco in a 90 day case in the Commercial Court and advising in associated proceedings brought in America in connection with the termination of a contract for supply of giant jack up rig. Consideration of issues relating to repudiation of contract; meaning and effect of contractual termination clauses; relationship between common law and contractual rights to terminate, issue estoppel and economic torts.

T v H: Representing a major international contractor in an LCIA Arbitration arising out of the construction of an oil rig in South Korea. Successfully defending repudiatory breach, economic duress and loss of production claims advanced by the employer.

C v K: Successfully representing a major energy company in an UNCITRAL Arbitration concerning claims arising out of defective welding of refinery pipework. The case concerned complicated questions of causation which in turn were informed by the proper understanding of complex metallurgical and other technical evidence.

Public Procurement:

Advising public bodies (including The House of Commons &Welsh Assembly) and unsuccessful tenderers on all aspects of Public And Utilities Procurement including the application of the Public Works, Services and Utilities Regulations, remedies for their breach and the impact of EU law on the field. Examples include:

Harmon v. Corporate Officer of House of Commons Representing the Corporate Officer of the House of Commons in connection with a dispute as to the procurement of the fenestration package for Portculis House. The Case considered the meaning and effect of UK Procurement Regulations, the effect of EU law and Procurement Directives, Misfeasance in Public Office, the proper measure of loss flowing from breach of procurement legislation and from misfeasance in public office.

Professional Negligence:

Advising and acting for and against architects, engineers, quantity surveyors and project managers in professional negligence proceedings. Particular experience of cases with limitation and proper measure of loss issues. Examples include:

Chesham Properties Ltd v. Bucknall Austin Project Management Ltd & others - Employer's claims for professional negligence against architects, engineers, surveyors & project managers; limitation of actions, existence & extent of professionals' duty to warn.

Technology:

Advising in connection with disputes concerning bespoke software contracts and telecommunications systems. Recent cases have included acting for the purchaser of bespoke software for oil refineries in arbitration and related Commercial Court proceedings.