Call date; 2002

Practice

Mark has broad experience of acting both as sole counsel retained in proceedings and as junior counsel in very large commercially, legally and technically complex disputes with expertise in domestic and international arbitration, TCC and Commercial Court litigation, adjudication and mediation

He specialises mainly in construction and engineering, professional negligence, IT and telecommunications and energy disputes representing governments, a wide range of contractors, private employers and their professional advisors all over the world. He also has experience of issues of private international law, including the jurisdiction of the English and foreign courts and the determination of applicable law.

He is recommended by both of the most recent legal directories, Chambers and Partners UK, Global and the Legal 500 as a leading junior in the construction field.

Construction and Engineering

Mark is familiar with the standard forms of contract in use in the industry, and has experience of issues including delay and disruption to projects, variations and defects in design and construction. He has been involved in disputes of widely varying size, value and scope, and has appeared in a variety of tribunals including in the Technology and Construction Court. His experience of construction and engineering disputes encompasses a wide range of industry sectors. Examples of his recent work include:

Acting for the government in a 12 week final account arbitration relating to a large scale road-building project. Issues included delay and disruption and variation claims;

Acting for Multiplex Constructions (UK) Ltd in a dispute arising out of the construction of the New Wembley National Stadium;

Acting for a dredging and construction Sino-Dutch joint venture in arbitrations in Hong Kong concerning misrepresentations in tender documentation and disputed claims as to variations;

Acting for a well-known Property Developer in a TCC action concerning a claim under an agreement relating to infrastructure made pursuant to the s.278 of the Highways Act 1980;

Dorset County Council v Countryside Properties (Commercial) Plc

Acting for the Employer in a TCC trial concerning the termination of a construction contract and liability for costs of completion and remedial works;

Acting for a regional development agency in a direct claim against a sub-contractor arising out of the removal of goods from a project site. Issues included the operation of retention of title provisions in the JCT standard form of contract and claims under the Torts (Interference with Goods) Act 1977;
South East England Development Agency & Ors v Pro-Fix Services Ltd

Acting for the main contractor in TCC claims against a designer and a specialist sub-contractor arising out of an industrial development;
Babcock Network Solutions & Anor v Geosynthetic Technology Ltd & Anor

Acting for a major construction company in arbitral proceedings against the pension fund owner of a property development;

Successfully resisting summary judgment in the TCC on behalf of the Employer under a construction contract, on the basis that the Adjudicator had rendered his Decision in breach of the rules of natural justice;

The Oxford and London Building Company Ltd v The Honourable Frederick Campbell

Successfully defending a contractor's extensive claim in adjudication for delay and costs arising out of the construction and refurbishment of a laboratory research facility;

Acting for the main contractor in adjudication proceedings against the specialist sub-contractor on a major project;

Acting for a well-known property developer in TCC claims against a groundworks sub-contractor arising out of the construction of foundations at a residential development;
Countryside Properties (Southern) Ltd & Anor v MDS Civil Engineering Ltd

IT and Telecommunications

He has significant experience of IT project disputes and has acted variously for client, supplier and consultants. Issues of which Mark has direct experience include (but are not limited to) payment and termination provisions in IT contracts, software design and defects, and delay in the provision of software. Recent matters include:

Acting for a firm of management consultants in two multi million pound actions in the Commercial Court in relation to the 'benchmarking' of a global IT outsourcing deal in the telecoms sector. Issues included proper operation of service supply and payment provisions under outsourcing contract, benchmarking provisions and industry practice

IBM United Kingdom Ltd v Compass Management Consulting;

Acting for the Claimant in a multi million pound TCC action concerning the provision of safety critical embedded software to a company engaged in the provision of mass transit rail systems. Issues included the operation of termination provisions under the contract, repudiation, defects and delay in the provision of the software
Westinghouse Rail Systems Ltd v Data Systems & Solutions Ltd;

Acting for a major mobile telecommunications provider in a dispute in the TCC concerning a project for the provision of a new cotent and portal service delivery platform

T-Mobile International UK Ltd v LogicaCMG UK Ltd

Energy

He has wide experience acting for contractors on domestic and international disputes arising out of the design and construction of, among others, power plants and waste water treatment plants. Examples of his work include:

Acting for two Degremont companies, the subsidiaries of a French Utilities group, in a major TCC action concerning the design and construction of a secondary treatment plant at a waste water facility. In addition to dealing with issues concerning the performance of the plant in terms of output so as to enable compliance with an EC Directive (giving rise to issues as to the design, construction and operation of the plant), Mark was heavily involved in the stay of proceedings on an alleged parent company guarantee in favour of the exclusive jurisdiction of the French Courts and the claim arising out of the Group Action brought by local residents relating to alleged odour nuisance.
United Utilities v Degremont & Ors;

Advising a well known Far Eastern conglomerate on rights and liabilities under EPC Contract;

Advising a contractor on rights and liabilities under contract for provision of overseas waste water treatment plant.

Professional Negligence

Mark has acted as sole counsel and as junior counsel variously for and against engineers, architects, project managers and other consultants in the IT, construction and engineering sectors. Recent instructions include:

Acting for defendant architects in the TCC and in the Court of Appeal in relation to a claim by the occupier of a distribution warehouse arising out of a flood. Issues included the scope of an architect's duty of care to 'subsequent' occupiers and the relevance of the opportunity for intermediate examination and discovery of design defects
Pearson Education Ltd v The Charter Partnership Ltd [2006] PNLR 14 (TCC), [2007] EWCA Civ 130 (CA);

Acting in a TCC claim for specialist designers of spa facilities for fees and allegations of professional negligence in relation to services provided;
Corporate Edge Group Ltd v Champneys Tring Ltd

Acting for management consultants in an action brought by an IT services supplier alleging negligence in the benchmarking of an outsourcing agreement
IBM United Kingdom Ltd v Compass Management Consulting;

Acting in arbitrations for a well-known engineering company relating to claims of professional negligence in the supply of multi-disciplinary consultancy services. The claims were arising out of a project in the education sector alleged to be over-time and over-budget.

General Commercial Disputes

In addition to the specialist areas above, Mark is also instructed on general commercial disputes arising (such as sale of goods and bonds and guarantees), to include:

Acting for a well-known multi-national company in relation to the supply of specialist surveying equipment. The claims, which were successfully settled at mediation, were brought under the Sale of Goods Act 1979 in relation to amongst other things fitness for purpose and adequacy of firmware;

Acting and advising extensively in a major dispute concerning the provision of a parent company guarantee in a major utilities project. Conflicts of laws issues included jurisdiction under the Judgments Regulation and the proper choice of law (including in respect of issues of authority);
United Utilities v Degremont & Ors;

Advising in relation to calls on performance bonds and drafting of call documentation;

Acting for a property development company in disputes concerning financing agreements for property development;
4Site Services Ltd v Calverley Proerties (Kingswood Birches) Ltd

Acting for an Australian manufacturer of specialist equipment in claims for breach of exclusive supply agreements with British companies.
Bell Scaffolding (Aust) Pty Ltd v Rekon Ltd & Anor

Recently Reported Cases

Pearson Education Ltd v The Charter Partnership Ltd [2006] PNLR 14 (TCC), [2007] EWCA Civ 130 (CA)

Recommendations

"Most praiseworthy among the new generation of construction barristers is Mark Chennells" Chambers and Partners 2008 Construction

"Commentators noted his 'commitment to working hard for the client'" Chambers Global 2008 Construction - International

"Rising Star" Legal 500 2007/8 Construction

"Mark Chennells already possesses a considerable pool of experience in spite of his relative youth." Chambers Asia 2007

"Extremely good future", "Stellar handling of impossible tasks" Chambers and Partners 2007 Construction

"Increasingly popular" Legal 500 2006/7 Construction