Call Date: 1997

Practice

Patrick's practice is concerned with drafting pleadings, submissions and notices and providing advices and opinions on evidence, tactics, legal merits and procedure and advocacy at final and interlocutory hearings in construction based disputes and matters with significant technical or scientific content.

He has broad experience of all methods of dispute resolution with expertise in domestic and international arbitration, mediation and adjudication as well as domestic court work. In arbitration matters this includes issues arising out of the Arbitration Act 1996 and the rules of the arbitration including the ICC and JCT arbitration rules across a broad range of subject matter to include power station construction and road building projects as well as general construction work.

He has had particular involvement in adjudications conducted under the Housing Grants Construction and Regeneration Act 1996 including drafting notices, submissions, evidence, hearings before the adjudicator and adjudication enforcement proceedings before the Technology and Construction Court and County Courts.

Construction and Engineering

Throughout his career Patrick has dealt with the full range of issues arising in the field including experience in matters relating to a number of standard industry contract forms including the JCT, ICE, NEC, GC/Works, IMech and IChem forms as well as disputes arising out of bespoke contracts. He has appeared in the Technology and Construction court and arbitrations concerning final account, loss and expense, liquidated damages and defects claims. Examples of his recent cases include:

Acting for the employer in various claims in adjudication and in the Technology and Construction Court individually concerning the construction of Wembley National Stadium;

Acting for the Associated British Ports in a multiparty claim in the Technology and Construction Court concerning the failure strengthening works to a quay wall in Southampton, UK. The case, concerning the fitness for purpose of works incorporating jet grouting columns and ground anchors, was technically very complex requiring 6 weeks of expert evidence at a 3 month trial. His role as Junior Counsel involved drafting opening and closing submissions, attending court every day and assisting with cross examination;

Acting on a sub-contractor-main contractor dispute concerning the existence of a contract and sums due in respect of M&E works in the construction of a football stadium complex;

Acting and advising on the Solitaire arbitration concerning the conversion of a bulk carrier ship into a pipe laying vessel. The case concerned contractors' claims in respect of variations, delay and disruption and loss and expense and is the longest running LMAA arbitration;

Acting on a claim in the Technology and Construction Court concerning a failure of stabilisation works to an embankment adjoining a soft drinks factory. The case involved geotechnical engineering and accounting evidence;

Acting for Yorkshire Water on claim in the Technology and Construction Court concerning a wastewater treatment plant. The case concerned biological process engineering as well as a loss and expense claim arising out of delays to the completion of the works. It was highly technical in nature and culminated in a 3 month trial;

Acting for the UK government on an arbitration, concerning the construction of a relief road. The case involved a claim for delay and disruption/loss and expense in the construction of reinforced concrete bridges and walls and associated drainage;

Acting on a claim relating to the defective installation of a water main that later failed, concerned with the cause of failure and Final Certificate and insurance obligations issues.

Energy

His experience ranges from acting for a wide range of contractors on issues arising from the design and construction of power stations all over the world to various domestic litigation for local government and electricity authorities concerning allegations of late, defective and disruptive supply of services. Examples of his recent work include:

Acting and advising in an arbitration concerning the construction of a gas fired power station in the East of England;

Acting in a claim in the Technology and Construction Court concerning the construction of a Gas Liquefication Facility in West Africa;

Acting in a claim concerning the construction of a highly sophisticated gas and multi-fuel power generating plant in the Far East;

Acting for electricity water and local authorities to act throughout litigation to recover sums in respect of damage to cables pipes and drains by third parties, on the grounds of negligence, nuisance and pursuant to the New Roads and Street Works Act 1991.

Professional Negligence

Patrick has broad experience dealing with fee and professional negligence claims for and against a wide range of professional including architects, surveyors, quantity surveyors and their indemnity insurers. Recent cases, on all of which he was instructed as sole counsel, include:

Acting on several professional negligence claims concerning the alleged negligent issue of Practical completion Certificate, valuation and defects by a number of architects.

Acting on a professional negligence claim in the Technology and Construction Court against Mechanical and Electrical engineers for defects, delays and disruption and loss and expense arising out of the design and supervision of heating, air conditioning and water supplies to a London Hotel.

Acting for the insurers of a designer building contractor in respect of defective design allegations relating to the design of a concrete floor slab.

IT and Telecommunications

He has been instructed on a wide variety of matters including on litigation concerning both bespoke and 'off the shelf' software and fee claims and defects claims including 'millennium', internet and industrial processing software.

Other Commercial

In addition to the above specialist areas Patrick is also instructed on general commercial litigation matters such as two high court claims concerning the operation of part automated, part manual, dockside warehouse distribution facilities - one for paper products and one for CDs and records.

Recent Reported Cases and Judgments

Oxford Architects Partnership v Cheltenham Ladies College [2007] BLR 293

Associated British Ports v Hydro Soil Services NV and Others [2006] LTL 30/6/2006

Yorkshire Water Services Ltd v Taylor Woodrow Northern Ltd and Others 8 July 2004 LTL