Call Date: 1977

Silk: 1996

Practice

Jonathan specialises in domestic and international litigation and arbitration in the construction, civil engineering and energy sectors and all related technical disputes. Throughout his career, he has handled many high profile cases representing governments (British and overseas), a huge number of contractors, private employers, manufacturers and their professional advisers all over the world.

He regularly appears in English High Court litigation, mediation, expert determination, adjudication (also as an adjudicator) and international and domestic arbitrations, as an advocate and an arbitrator. Internationally he has conducted many arbitrations under both ad hoc agreements and ICC and UNCITRAL Rules in Singapore, Kazakhstan, Oman, Paris, Brussels and London in relation to disputes arising out of projects in Europe, Africa, the Middle East and Asia.

In addition to this, he has recently advised and acted for the British government in a number of mediations for DEFRA against contractors arising out of the foot and mouth outbreak.

Jonathan has been recognised for many years, including in the most recent editions by the legal directories, Chambers and Partners Guide to the Legal Profession and The Legal 500, as a leader in the field of construction law.

He is invited regularly to lecture at conferences and to speak at seminars.

Construction and Engineering

Throughout his career Jonathan has dealt with the whole range of issues arising in the field including the interpretation of Standard Forms of Contract such as JCT and ICE, contractors' claims for loss and expense, defects claims, residential and commercial buildings, housing estates, motorway widening schemes, road construction, town and city redevelopments, bottling plants, shoreline breakwaters, the construction of manufacturing and process plant, mining, the causes and effect of fire, landslips and building collapses, local authority and central government work. His recent cases include:

International

Advising the Contractor in respect of delays and defects in the development of a site in Singapore.

Advising and acting in High Court litigation between American corporations arising out of a process plant in Ireland and taking part in the New York mediation processes which resulted in compromise of the claims.

Advising and acting in an ICC arbitration for a Lebanese Employer concerning the engineering works intended to result in the remediation of a landfill site in Beirut used between 1975 and 1994 for the disposal of construction waste, municipal waste and unexploded ordinance.

Advising and acting in an ICC arbitration for a Main Contractor concerning the construction of new terminal buildings, aprons, taxiways, car parks and roads at Bole Airport, Addis Adaba, Ethiopia

Advising and acting for a Middle Eastern Government in an arbitration in relation to a claim brought by the Contractor arising out of the design and construction of a highway.

Acting as Arbitrator (sole) in a dispute between a developer and the building owner in relation to substantial office premises in Almaty, Kasakhstan.

Acting as Arbitrator (one of three) in an ICC arbitration in Singapore in an engineering dispute between a state owned Middle Eastern international air line company and the repairer of its engines in relation to the in-flight failure of an engine.

Domestic

Advising and acting for the Main Contractor in a series of adjudications concerning a hospital in South London redeveloped and refurbished under PFI contracts.

Acting as advocate in a number of adjudications including disputes arising out of the development of a remand centre, a housing estate, a hotel redevelopment, a hospital redevelopment and refurbishment.

Acting on a dispute arising out of an application to enforce an adjudicator's award where the paying party objected to summary judgment on the basis that the adjudicator had failed to observe the principles of natural justice.
Balfour Beatty v London Borough of Lambeth

Acting on a dispute arising from whether a contract is binding despite absence of agreement on certain essential terms.
Mitsui Babcock v John Brown Engineering

Advising and acting for the Contractor on a defects claim arising out of a large retail development.

Advising and acting in a claim made by a Central London hotel developer in the High Court.

Advising and acting for an international retailer in High Court litigation arising out of defects in the construction of its Anchor Site and the ancillary areas.

Advising and acting for Kajima in a High Court litigation in a dispute over the construction of a housing estate.

Advising and acting for Bectel on an adjudication arising from a dispute involving a waste water treatment works in Scotland.

Advising on an adjudication arising out of the Eurostar development at St Pancreas.

Energy

He has broad experience of both domestic and international disputes in relation to gas and oil pipelines, power stations and oilrigs. Recent case examples include:

Acting for the Main Contractor on a gas pipeline dispute in Bangladesh.

Advising the Main Contractor in a number of Power Station disputes in India.

Professional Negligence

Jonathan 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 auditors, valuers, solicitors and construction professionals. He has worked on many high profile cases including the landmark case Watts v Morrow [1991] WLR 1421 on measure of damages in surveyors' negligence disputes.

Transport

He has represented, among others, governments and contractors on disputes arising from road and rail projects and infrastructures including:

Advising and acting for major contractor in a number of rail infrastructure disputes.

Advising and acting in two multi-million pound factually unrelated domestic arbitrations in highway disputes for HM's Secretary of State for Transport.

General Commercial

In addition to the specialised areas above, Jonathan is regularly instructed on general commercial disputes. Examples of his cases in this area include:

Advising and acting in 6 cases for DEFRA against Contractors arising out of the Foot and Mouth Outbreak.

Advising on the agency structure of a chain of house-building limited companies for the house builder.

Acting for the Employer on an Arbitration appeal to the High Court concerning mining.

Acting for the Supplier on an Arbitration appeal to the High Court concerning the treatment of wool.

Acting for the Contractor on an Arbitration appeal to the High Court concerning a lighting and maintenance contract.

Recently reported cases

Balfour Beatty v London Borough of Lambeth [2002] BLR 288
Groundshire v VHE Construction [2001] BLR 395
Mitsui Babcock v John Brown Engineering [1996] 51 Con. LR 129
Watts v Morrow [1991] 1 WLR 1421
Ascon Contracting v McAlpine (rep in the Construction Industry Law Letter)
Galoo Ltd v Bright Grahame Murray [1994] 1WLR 1360

Recommendations

Listed over many years first as a leading junior and then as a leading Silk in Construction by both Chambers & Partners & The Legal 500. Recent comments include:

He impresses all with his 'quick grasp of the key issues' and is appreciated by his clients for his 'ability to make us chuckle' Chambers UK 2008 Construction

"Clients are greatly reassured by the 'good head he has on his shoulders' as he co-ordinates teams with enviable ease" Chambers UK 2007 Construction

Jonathan Acton Davis QC is recommended as "one of the best cross-examiners there is"
Chambers UK 2006 Construction

Jonathan Acton Davis QC is "excellent with clients and at handling the tribunal"
The Legal 500 2005 Construction