Call Date: 1980

Silk: 2000

Practice

Martin practises as an advocate, arbitrator, mediator and adjudicator in construction and engineering disputes and has been involved in many of high profile cases in this sector. He appears principally in the High Court, and the Court of Appeal and before various domestic and international arbitral tribunals. He has had numerous appointments as arbitrator or adjudicator. He also sits as a Deputy Judge of the Technology and Construction Court and he sits as a Recorder in Civil Actions.

His principal areas of expertise are construction, engineering and professional negligence disputes arising out of major capital projects including nuclear, gas and electric power stations, major offshore facilities, bridges, motorways, railways, tunnels, dams, reservoirs, airports, commercial, chemical and other heavy engineering projects, computer systems and commercial buildings of all sorts. He acts for and against all parties to the construction process, including foreign and domestic government departments, owners, employers, architects, engineers, surveyors, project managers, contractors, sub-contractors and insurers. He has extensive experience of adjudication. He has advised and has helped resolve disputes arising from all major forms of building, transport and engineering contracts.

Martin has been recognised for many years by the legal directories, Chambers and Partners Guide to the Legal Profession and The Legal 500, as a leading silk in the fields of construction and professional negligence.

Construction and Engineering

In recent years his practice has mainly been concerned with international commercial arbitration acting for overseas commercial clients and governments in a series of ICC arbitrations or other international arbitrations where the claims have been in excess of $400 million. His role has been as lead advocate acting with the assistance of teams of foreign and/or English lawyers. These disputes involved complex engineering, insurance and financial issues requiring large numbers of expert witnesses based in many different jurisdictions.

As part of his general domestic practice in recent years, he has advised upon all forms of standard form contracts and has drafted various engineering and construction contracts. He has also been asked to advise in respect of substantial procurement and PFI contracts and has been instructed in respect of numerous TCC trials, adjudications and arbitrations and various applications to enforce or to resist the enforcement of adjudication decisions and arbitration awards.

He has also been appointed by the Chairman of the Bar and the President of the Royal Institute of Chartered Surveyors to sit on tribunals and to act as adjudicator and arbitrator in respect of major construction and engineering disputes. Examples of recent cases include:

International

Advising and acting in relation to disputes arising from:
- harbour redevelopment works in Tanzania
- a housing development in the Republic of Gabon
- a reservoir and dam in Cyprus
- sewers and drains in Bangkok
- potash and magnesium oxide plants in Jordan
- construction and engineering disputes in Russia
- power station in Singapore

Domestic

Advising and representing a client in disputes regarding acceleration claims, delay claims and loss and expense claims at Wembley Stadium

Advising and representing client in respect of a major quantum meruit claim arising out of the design and construction of Coventry Football Stadium

Advising and representing Associated British Ports in the successful defence against a clause 12 claim advanced by European designers of the dock-strengthening works at Southampton. The largest and most complex TCC trial in 2005/6

Advising and acting in relation to disputes arising from:
- various motorway construction claims
- major water and sewage treatment plants
- loss and expense claims arising from shopping centre redevelopments, road construction contracts and numerous commercial developments

Energy

He has broad experience representing domestic and international contractors on disputes arising out of the design and construction of power stations. His recent cases include:

Advising and representing contractors on claims regarding a combined cycle power plant at Little Barford Cambridgeshire

Advising main contractors in the resolution of various final account claims at two nuclear power plants.

Advising and representing domestic and foreign contractors in respect of several nuclear, electricity, waste to power and combined cycle power stations.

Advising on various defects, delay and measurement disputes relating to offshore oil rigs and oil and gas pipeline contracts.

Advising on claims for defective computer installations at oil refineries, power stations and defence installations.

IT and Telecommunications

Martin's practice also encompasses a substantial number of computer, IT and related disputes. He has advised in respect of, and settled, contracts for the installation of new computer systems as well as preparing and drafting final settlement agreements in respect of disputes involving under-performing computer systems.

In recent years he has been instructed in the following matters:

Advising and representing a foreign contractor in respect of a defective computer installation at a major international airport.

Advising and helping resolve claims arising out of a defective computer installation used throughout a major water authority.

Advising and representing a computer supply company in respect of major claims arising out of procurement errors committed by the British Government in respect of multi-million pound procurement contracts for computer services for the Ministry of Defence

Advising on an action in respect of defective software for a major transport operator.

Advising on claims for defective computer installations at oil refineries, power stations and defence installations.

Professional Negligence

He has experience acting for or against a wide range of professionals including engineers, architects, surveyors, accountants, solicitors and financial services advisers in numerous multi-million pound professional negligence actions.

Recent cases include:

Acting for developers against a firm of solicitors who having taken advice from a specialist construction QC, advised that they could terminate a contractor's employment to construct a block of flats in Manchester.

Acting for geotechnical engineers resisting claims for alleged negligence in respect of ground stabilisation design works.

Acting for the engineers engaged in connection with the design and construction of the Tesco Store at Gerrards Cross property divisions

Transport

Advising and representing Jarvis on numerous adjudications arising out of their renewal and maintenance contracts with Railtrack and NetWork Rail.

Advising and representing in respect of various claims arising out of bus and trains operation contracts.

Advising and representing London Underground in respect of an action regarding defective computer software.

General Commercial

Advising and representing the Cameroon Government in successfully setting aside an ICC Arbitral Award made in favour of Transnet Limited of South Africa who had bought maintenance contracts in respect of Cameroon Airlines aircraft through bribes and corruption.

Recently reported cases

Multiplex Construction (UK) Ltd v Honeywell Control Systems Ltd [2007] BLR 195
Multiplex Construction (UK) Ltd v Honeywell Control Systems Ltd [2007] BLR 188
Associated British Ports v Hydro Soil Services [2006] All ER (D) 269
(1) Taylor Woodrow Holdings Limited (2) George Wimpey Southern Counties Ltd v Barnes & Elliott Ltd [2006] BLR 377
Baker & Davies PLC v Leslie Wilks Associates [2005] 3 AER 603
Jarvis Facilities Ltd v Alston Signalling Ltd [2004] 95 Con LR 55

Recommendations

""A great tactician", Martin Bowdery QC combines a "minimalist approach" with

"innovative solutions" and a "pragmatic approach" " Legal 500, 2007/8 Edition, Construction

"He has an exceptional intellect and comes up with exceptional solutions" Chambers Global 2008, Construction

"The talents of Martin Bowdery are evident to peers solicitors and clients alike" Chambers UK 2008, Construction

"The acumen he displays in court, coupled with a much-lauded judgment of pace and mood, contributes to a caseload encompassing housing developments in Singapore, office blocks in Hong Kong and advising on PFI Contracts and loss and expense claims in the UK" Chambers UK 2007, Construction

"particularly good at thinking on his feet" Chambers UK 2007, Professional Negligence

"An excellent choice for the courtroom brawl, merging 'sound commercial sense' with good client skills" The Legal 500, 2006/7 Edition, Construction

"Martin Bowdery QC is also "a name that comes naturally to mind for professional negligence disputes arising out of major capital projects" " Chambers UK 2006, Professional Negligence

"Fellow barristers relish Martin Bowdery QC as "a splendid opponent" in court. Employing a "commercial touch" that clients love" Chambers UK 2006, Construction

"The "down to earth and combative" Martin Bowdery is a popular choice among solicitors for cases that "require a hard fight" " Chambers UK 2005, Construction