Education

1988-1991 Mansfield College, Oxford University

1992-1993 Inns of Court School of Law, London

Degree: First Class Honours, Jurisprudence

2002 Ad hoc call to the bar of the Cayman Islands

2004 Ad hoc call to the bar of Northern Ireland

Summary

Barrister specialising in commercial law with an emphasis on construction, engineering, energy, utilities, information technology, insurance, and professional negligence disputes, both domestically and internationally.

Synopsis of experience

Construction and Engineering Disputes

The whole range of disputes that arise in all varieties of construction and engineering projects including variations, defects, loss, expense and prolongation. Cases involving fires, floods, structural collapse and subsidence. Experience of engineering disputes extends to encompass matters as diverse as geotechnical disputes concerning unforeseen ground conditions in tunnelling, to acting for Chelsea Football club seeking damages from their engineers caused by late release of information provided for their stadium at Stanford Bridge. Also technical engineering disputes concerning defective machinery, equipment and systems of all kinds.

Example of recent case: Acting for main contractor sued by subcontractor for measured work, variations, loss and expense along with damages arising from a Mareva Injunction obtained ex parte which was later discharged.

Energy and Utilities

Acting for parties concerning the development and exploitation of oil and gas fields. Acting for and against utility providers (water, electricity and gas) in disputes with developers and also on projects such as power plants and sewage treatment works. Advising upon the statutory framework in England and Wales and the rights and duties provided thereby.

Example of recent case: Acting for an international conglomerate concerning an off shore gas platform, on issues such as defective design, health and saftey and liquidated damages.

Information Technology

Computer cases involving defective / inappropriate hardware, bugged / inappropriate or underspecified software and the interface between the two including issues of incompatibility between software and hardware. Also disputes concerning maintenance agreements, telecom systems and robotic systems.

Example of recent case: Acting for software house sued for alleged negligence and failure to provide a product that was fit for purpose.

Professional Negligence

Acting for and against architects, engineers, project managers, surveyors and other property professionals. Cases have concerned allegations such as negligent design, late release of information, failure to co-ordinate properly or at all, inappropriate cost estimates, overvaluation and failure to manage. Also acting against solicitors for negligent drafting and advice.

Example of recent case: Defending architect from allegations of negligent design, specification and inspection.

Insurance Law

All aspects of insurance disputes including general policy interpretation, subrogation, duties of good faith, exclusion clauses and number of excesses payable where a large number of separate but related claims are made. Junior Counsel in the House of Lords
in a case concerning whether joint insurance by the employer and contractor absolved a negligent contractor from making a contribution to professionals liable for the same loss.

Example of recent case: Advising consortium of contractors on Notification of Loss clause and whether it was a condition precedent to a claim.

International Commercial Arbitration and Litigation

Acting in a wide range of commercial disputes under the rules of the ICC Paris, Hong Kong International Arbitration Centre, Dubai Municipality, UNCITRAL and LCIA. Cases have involved such diverse matters as whether a power plant met environmental specifications, cladding on an airport and whether a proposed vitamin C plant would have functioned properly. Also ad hoc call to the bar of the Cayman Islands for case in the Court of Appeal there concerning a hotel / condominium development.

Example of recent case: Acting for an oil and gas company in dispute with the Operator concerning payments called under a Joint Operating Agreement.

Examples of reported cases

CRS v Taylor Young and Partners and others [2002] 1 WLR 1419
Damage by fire - insurance - contribution between parties
(House of Lords - junior counsel)

Reliance Industries Ltd v Enron Oil and Gas India [2002] 1 All ER (Comm) 59 International commercial arbitration - foreign law - whether appeal possible (Commercial Court - junior counsel)

Woods Hardwick Ltd v Chiltern Air Conditioning [2001] BLR 23
Adjudication - enforcement - natural justice.
(Technology and Construction Court)

Imperial Square Developments (Hoxton) Ltd v Aegon Insurance Co (UK) Ltd
(1999) 62 Con LR 59 On demand bond - whether enforceable
(Technology and Construction Court)

Other

Experience of all means of alternative dispute resolution including mediation, adjudication and expert determination.

Recommended in both "The Legal 500" and "Chambers and Partners Guide to the Legal Profession"

Fluent Spanish, competent French