Call Date: 1988

Silk: 2006

Practice

Simon Lofthouse's practice covers international and domestic litigation and arbitration for governments, corporate and professionals. The types of disputes frequently involve technology, engineering, transport, professional negligence, process or energy projects. He is particularly experienced in the presentation and conduct of complex cases, especially those involving contractual interpretation and allied professional negligence issues, expert determinations or disputed technical issues.

Whilst the range of disputes covered is extensive, examples include complex infrastructure works, including track installation, repair and upgrading, powers station disputes (both as to construction and operation including waste to energy plants), waste and water treatment technology, oil and gas platforms, piling operations onshore and offshore, construction of roads, PFI's, PPP's, pipe laying, tunnels, pumping stations, coastal defences and effluent, computer installations and airport terminals.

His experience spans the range of different forums including mediation, adjudication, expert determination, domestic and international arbitration and commercial Court litigation. Much of his work is international in nature and throughout his career he has advised on disputes in Europe, Africa, The Middle East, and across Asia

Simon is recommended in the most recent editions of Legal 500 and Chambers and Partners (UK and Global) as a leading Silk in the fields of Construction, Energy, Professional Negligence and Arbitration.

Construction and Engineering

Simon has represented a large number of employers, governments, contractors, sub-contractors and consultants on many cases, both domestic and international, concerning numerous types of building and civil engineering projects.

Engineering

On the engineering side he has dealt with issues arising out of the standard forms of engineering contracts, variations thereon and bespoke forms; ground conditions claims; civils works; bridge construction; mechanical and electrical disputes; building services and control systems and piling operations. Examples of his recent work include acting for/advising on:

the construction and performance of infrastructure agreements concerning the upgrading of the UK rail system; the Treasury Solicitor in connection with numerous major transport infrastructure works;

a dispute concerning the tenders for the new Wembley stadium;

the UK Government in various road dispute arbitrations;

the contractor in the Court of Appeal on a clause 12 ground conditions claim arising out of off-shore work in the UK;

insurers in litigation concerning defective bridges in Ghana, Ethiopia and Peru;

the contractor in an international arbitration concerning claims of defective piling in residential developments in the Far East;

Transport for London in an arbitration concerning claims arising out infrastructure works;

the contractor in an arbitration against the Hong Kong SAR concerning underground sewer works;

a major construction plc against the Ministry of Defence in relation to claims arising out of the design and construction of a submarine facility;

the purchaser complaining of fraud in the sale of contaminated land.

Construction

On the pure construction side he has dealt with the full range of issues arising out of standard form construction contracts, defects claims and claims concerning professional negligence; procurement including PFI projects; claims for extensions of time, loss and expense. Recent and current cases include acting for the following:

a major construction company in litigation concerning a defects and defective
design claim at a landmark development in the UK;

a UAE development corporation in connection with a foreign arbitration concerning

a large residential development;

a foreign royal family in litigation in connection with a defects and professional negligence claim arising out of a summer palace;

the employer in litigation concerning defects in the major refurbishment works to provide a 5-star hotel in London;

a German contractor in an ICC arbitration concerning a delay and extra works claim involving the construction of a manufacturing plant in Bahrain;

a major British charity in litigation involving with a bid dispute on a PFI refurbishment project in London;

the contractor in litigation concerning a large hotel refurbishment in London;

the MoD in connection with a major re build project;

the Developer in an arbitration concerning a large residential development in the Midlands;

a Hospital Trust in connection with a complaint of overspend on the construction of

a new pharmaceutical facility;

a major international company in connection with a claim concerning defective abatement plant to reduce emissions;

the contractor in the Court of Appeal in connection with the fit out of a bulk pharmaceutical manufacturing facility in the UK and the scope of expert determination clauses;

the designer in connection with a dispute concerning the design of a processing plant for waste arising from a paper processing plant;

Energy and Utilities

Simon has wide experience acting for employers and contractors on domestic and international disputes arising out of the design and construction of, among others, power stations, off shore installations and waste water treatment plants.

Examples include acting for:

the oil company employer in litigation concerning the refitting of a North Sea oil platform;

the employer in litigation concerning the design and construction of a gas fired power station in the UK;

the employer on claims arising out of the construction of a combined cycle gas turbine power station in the UK;

the contractor in an ICC arbitration concerning their claims arising out of the construction of a power plant in the Middle East;

as adjudicator by agreement of the parties in separate disputes concerning the provision of facilities for gas transmission;

Swiss employer against the French contractor in an arbitration concerning the design and construction of a waste to energy facility in the UK;

the Japanese party of a multi-national Joint Venture in a dispute concerning the construction of a powers station in Spain;

a Czech corporation in an international joint venture concerning the construction of a power station in Bulgaria;

a water utility company in litigation alleging defective design and construction of a water treatment plant in the UK.

Professional Negligence

He has a great deal of experience in the professional negligence field, acting for claimants, defendants and their indemnity insurers in relation to claims brought against a wide range of professionals to include architects, engineers, solicitors and quantity surveyors. Recent or current cases include acting for:

the employer in litigation concerning allegations of the defective engineering design of a long-sea outfall pipe;

the contractor in a claim alleging the defective engineering design of sea defences;

the employer in a test-claim concerning an innovative roofing design;

the employer in claims against the architect concerning delays and defective design
on a prestigious new-build development in the UK;

a property developer in connection with a professional negligence claim concerning planning problems arising out of a commercial development in London;

the architect in litigation involving sound transference from a high-profile night-club;

the architect in connection with a claim for undiscovered asbestos;

a UK Government department in connection with a professional negligence claim against their legal advisers;

a UK road and rail freight logistics provider min connection with a claim for defective design of an unloading facility;

IT and Telecommunications

He has significant experience of information technology related disputes including acting for:

an employer in a dispute about IT requirements in a new development;

a major UK food manufacturer in disputes concerning the design and development of computer control for the process plant for the production of premium brand products.

Recommendations

He is recommended by Chambers and Partners UK 2008 as a leader in the fields of Professional Negligence, Energy, Construction and by Legal 500 2007/8 as a leader in Construction. On the international stage, he is recognised by Chambers Global 2008 as a leader in the field of Energy and Natural Resources.

"a class performer" Chambers and Partners UK 2008 Professional Negligence

"Widely respected" Chambers UK and Global 2008 Energy and Natural Resources

"Brings his flair for construction matters to the table" Chambers Europe 2007 and 2008 Energy and Natural Resources

"gets to grips with the material extremely quickly" and "When he was on the other side he bothered the hell out of me" Chambers and Partners UK 2008 Construction

"Receives warm commendations from the market" Chambers and Partners 2007 International Arbitration

"a real heavyweight tried and tested on massive cases", Chambers and Partners 2007 Professional Negligence

"commercially excellent", Chambers and Partners 2006 Energy and Natural Resources

"unparalleled efficiency" Chambers and Partners 2006 International Arbitration

"Very impressive" Chambers and Partners 2006 Professional Negligence

"As good as anyone you will find" and "Solicitors clamour to have Simon Lofthouse on their side" and "a rottweiler" in pursuit of his clients objectives." Chambers and Partners 2007 Construction

"Simon Lofthouse has an established reputation internationally" Chambers and Partners 2005 International Arbitration

"Received consistently good feedback" Chambers and Partners 2005 Professional Negligence

"Approachable... recognised for his impressive advocacy and for building up a rapport with his clients." Chambers and Partners 2005 Construction