Summary

Nicholas Baatz QC has been in practice at the English bar specializing in Technology and Construction law since 1980.

He has extensive experience as an advocate in the Supreme Court, in domestic and international arbitration and in other tribunals.

He has appeared in numerous reported and frequently cited cases.

Recent Cases

Recent cases include

Acting for constructor in arbitration proceedings concerning failure of turbine blades in operation in a gas turbine,

Acting for supplier of pan European computer system (Atos v Avis see for interlocutory stages Atos Consulting Ltd v Avis PLC [2005] EWHC 982 Jackson J (on striking out) and Atos Consulting Ltd v Avis Europe Plc [2007] EWHC 323 Ramsey J (on disclosure))

Acting for employer in arbitration proceedings concerning claim against construction professionals for professional negligence.

Acting for employer in adjudication enforcement proceedings McConnell Dowell Constructors (Aust) Pty Ltd v National Grid Gas plc [2007] BLR 92

Main Practice Areas

Construction, Energy, Information Technology, Professional Negligence, Telecommunications

Information Technology

Acted for the software house in a dispute concerning the design and installation of a relational database management system (using UNIX and INFORMIX). The issues raised included fitness for purpose, the number of "bugs", time for performance and the boundary between specified requirements and changes.

Acted for the Employer in relation to a fitness for purpose dispute in respect of tele-sales software and hardware design and implementation (UNIX and COBOL).

Acted for the Contractor in connection with a dispute arising out of fitness for purpose of a Defence System (software and hardware).

Acted for the Employer in worldwide connection with a dispute about the design and construction of software for a financial services organization.

Acted for the Contractor in connection with dispute about delivery of a telecommunication system.

Acted for the Contractor in an ICC Arbitration in which allegations were made as to defects in a communications installation for a mass transit railway line. Several interim awards were obtained from the ICC Court of Arbitration and an application made to the English Court in respect of a jurisdiction issue under Section 67 of the Arbitration Act 1996.

Acted for the Employer in a dispute about a steel slab-cutting machine. The issues involve fitness for purpose and tolerances and the extent to which the slab cutting process was properly controlled by computer hardware and software.

Energy and Process Plant

Acted for the Contractor in an ICC Arbitration in which claims for extras were made arising out of a contract for the design and construction of machinery for the control of flow in an oil pipeline and in relation to the BOPD capacity of associated storage installations.

Acted for the Sub-Contractor in a dispute concerning a plant for the generation of electrical energy from the combustion of waste tyres.

Acted for the Contractor in a dispute concerning the efficiency and durability of a gas fired steam turbine electricity co-generation plant.

Acted for the Designers in an ICC Arbitration concerning the design of an Ascorbic Acid Production Plant. The issues involved consideration of what were acceptable efficiency ratios of raw materials to product and acceptable production capacity.

Acted for the Employer/Purchaser in a dispute about the interpretation of commercial terms of an agreement to supply energy in various forms.

Roads and Bridges and Mass Transit Projects

Acted for Contractor in connection with a dispute arising out of the provision of rolling stock for a mass transit railway.

Acted for the Contractor in connection with a dispute for extra payment arising out of the construction of interchanges, underpasses and spur roads for a City road ring.

Acted for the Main Contractor in a dispute about a Sub-Contractor's landfill claim in connection with the construction of a trunk road.

Acted for the Contractor in a dispute about the design of a bridge required for a river crossing in West Africa.

Construction

Acted for the Employer in connection with a fitness for purpose dispute in relation to an air-conditioning installation for a Museum storage installation. Many of the exhibits were ancient preserved animals and artifacts of varying materials.

Acted for the Contractor in a dispute about extensions of time and loss and/or expense in connection with the construction of a Sports Stadium. The case was presented with the assistance of the "As Built But For" delay analysis modelled by computer.

Acted for Sub-Contractor in a dispute about the steelwork for a Sports Stadium.

Acted for the Employer/Developer in connection with a contractor's claim for loss and/or expense and extensions of time arising out of a contract for conversion to shops, restaurants, flats and offices and a hotel of a redundant city centre utility building.

Acted for the Contractor in connection with a contractor's claim for loss and/or expense and extensions of time arising out of the contract for the conversion to shops and flats of a redundant City Centre Utility Building.

Acted for the Employer in connection with a dispute arising out of the construction of a ready-made meal production factory.

Sale of Goods, Professional Negligence and Nuisance

Acted for the builders in a case concerning the destruction by fire of a supermarket development.

Acted for the adjoining landowner in a claim against a mass transit authority in connection with damage caused by tunnelling operations

Telecommunications

Acted in cases concerning telecommunications systems from cabled networks to wireless.