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'Counsel from Atkin regularly appear in the leading cases in the TCC'
Chambers and Partners 2016

Cases

Much of the work at Atkin Chambers is not in the public domain and cannot be publicised, however members are frequently involved in leading and landmark cases across various courts and jurisdictions which are matters of public record.  This section provides brief details of recent reported cases on which our barristers have acted. If you would like further information about any of the listed cases, please contact our clerking team.

Russell & Anor v Stone (t/a PSP Consultants) & Ors [2017] EWHC 1555 (TCC)

6 July 2017
The defendant project managers sought an order striking out, or alternatively seeking summary judgment in respect of, part of a claim brought against them by the claimant employers. The claimants are seeking almost £2.2 million in damages against the defendants arising out of a project to demolish the claimant’s existing house and build a modern house...Read more

IPM Energy Trading Ltd v Carillion Energy Services Ltd [2017] EWHC 1399 (Comm)

23 June 2017
The Electricity and Gas (Community Energy Saving Programme) Order 2009 (“the CESP Order”) introduced the Community Energy Saving Programme (“CESP”) requiring generators of electricity to achieve specified energy-saving measures. The Claimant (a generator) engaged the Defendant to provide services for the purposes of the Claimant’s meeting its obligations under the CESP Order. The Claimant ultimately...Read more

Lobo v Corich & Anor [2017] EWHC 1438 (TCC), [2017] All ER (D) 132 (Jun)

21 June 2017
Important decision considering service of notices under the JCT Standard Form, under s.115(3) of the HGCRA 1996 and under the CPR. Also considers the situation where a party does not respond to an adjudication or to an enforcement claim, and what reasonable steps the referring party may be required to undertake. Instructed by Gordon Dadds LLP...Read more

Abbot Investments (North Africa) Ltd v Nestoil Ltd [2017] EWHC 119

20 June 2017
Judgment on an application for summary judgement made by the claimant Abbot Investments (North Africa) Limited re: a loan note due for payment for which the Defendant is guarantor.  The loan note was part of the consideration from the sale of KCA Tender Barges Pte. Limited to Momentum Far East Pte (sale completed in October 2014). (Instructed...Read more

Manus McMullan QC and Rónán Hanna win in the Court of Appeal

25 May 2017
Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor EWCA Civ 373 Judgement has been handed down by the Court of Appeal in the case of Persimmon Homes Limited and Others v Ove Arup & Partners Limited and Another. The case concerned the question of whether an agreement between the parties that...Read more

Steven Walker QC success in the Court of Appeal

24 May 2017
Sutton Housing Partnership Limited and Rydon Maintenance Limited   EWCA Civ 359 Steven Walker QC appeared for the Appellant, Sutton Housing Partnership Limited, in an appeal from the Technology and Construction Court concerning the proper construction of the termination provisions in a five-year contract for the provision of repair and maintenance services. Sutton terminated the...Read more

South Coast Construction Ltd v Iverson Road Ltd [2017] EWHC 61 (TCC)

19 January 2017
On 19 January 2017, Coulson J gave judgment in the case of South Coast Construction Limited v Iverson Road Limited. The case is likely to have wide ranging implications in respect of the interplay between the Insolvency Act 1986 and enforcement of Adjudicators’ Decisions. The facts are that South Coast Construction was in receipt of...Read more

Amey LG Ltd v Cumbria County Council [2016] EWHC 2946 (TCC)

18 November 2016
The dispute arose out of a contract based on the Manual of Contract Documents for Highways Works to provide highways maintenance services. Related barristers: David Streatfeild-James QC (instructed by Pinsent Masons LLP, Solicitors, Leeds) for the Claimant Martin Bowdery QC, and Frances Pigott (instructed by REN Legal, Solicitors, London EC2) for the Defendant To view the full judgment...Read more

LXB RP (Crown Road) Ltd v Squibb Group Ltd [2016] EWHC 2669

21 September 2016
The Claimant, LXB, applied for a summary judgment to enforce the decision of the adjudicator, Mr Riches, given on 7 July 2016 that LXB was entitled to payment by the defendant, Squibb, being the balance of the liquidated and ascertained damages. The Defendant sought to stay enforcement on the basis that the Claimant was a special purpose vehicle...Read more

J Murphy & Sons Ltd v W Maher and Sons Ltd [2016] EWHC 1148 (TCC)

23 May 2016
Part 8 hearing for declarations in relation to jurisdictional challenges in an ongoing adjudication. The Court considered whether parties to a construction contract had reached a full and final settlement in relation to the final account were disputes arising under the contract and could be referred to adjudication. Edmund Neuberger (instructed by Pinsent Masons LLP)...Read more

Carillion Construction Ltd v Woods Bagot Europe Ltd, AECOM Ltd, EMCOR Engineering Services Ltd and EMCOR (UK) Limited [2016] EWHC 905, [2016] BLR 382, [2016] CILL 3833, [2016] All ER (D)

28 April 2016
Preliminary issue hearing in a claim arising from the construction of the Rolls Building, home of the TCC, Commercial and other courts. Two preliminary issues were considered relating to the operation of extension of time provisions in a sub-contract and whether certain claims were irrecoverable. Edmund Neuberger (instructed by Reynolds Porter Chamberlain) for the Claimant To...Read more

Lukoil Mid-East Ltd v Barclays Bank Plc [2016] EWHC 166 (TCC)

27 January 2016
Rupert Choat (instructed by Wedlake Bell LLP) for the Claimant was instructed on this matter where Stuart-Smith J granted summary judgment to the Claimant finding that the call on the on demand bank guarantee was valid. To read the full judgment please click here...Read more

John Sisk & Sons and Duro Felguera [2016] EWHC 81 (TCC)

26 January 2016
Nicholas Collings acted for the Claimant in the matter of John Sisk & Sons and Duro Felguera EWHC 81 (TCC). This was an application by the Claimant to enforce an adjudicator’s decision made in October 2015 for sums in excess of £10million. The dispute arose from a contract between the parties where Sisk was...Read more

Oakrock Ltd v Travelodge Hotels Ltd & Ors [2015] EWHC 30 (TCC)

16 January 2015
(instructed by Carter Lemon Camerons LLP) The case concerned a dispute regarding refurbishment works undertaken by Travelodge, Wakemans Limiteed and Anglo-Holt Construction Ltd and related to an application for summary judgment. To view the full judgment please click here. ...Read more

Kellie & Anor v Wheatley & Lloyd Architects Ltd [2014] EWHC 2212 (TCC)

3 July 2014
The case related to architect’s duties and their interaction with planning law; in particular, the claim raised allegations of professional negligence in connection with the design of a detached garage/workshop. Marc Lixenberg (Instructed by Beale and Co Solicitors LLP) To view the full judgment please click here....Read more

Wales And West Utilities Ltd v PPS Pipeline Systems GmbH [2014] EWHC 54 (TCC)

23 January 2014
The case related to a contract for the laying of steel pipes, an adjudicator had jurisdiction to make a decision in a dispute as to whether a compensation event had occurred and whether there was an entitlement to a change to the works information. Frances Pigott (instructed by Osborne Clark) for the Claimant Mark Chennells...Read more

Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd [2013] EWHC 4030 (TCC)

16 December 2013
The case related to a claim for declarations in that the a consortium of BP, British Sugar and Dupont had wrongfully repudiated the contract for the construction of a biofuels plant, and for a declaration that it was entitled to an extension of time for delays to construction. Stephanie Barwise QC, Robert Clay and David...Read more

KNN Coburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (TCC)

2 October 2013
The case related to the 28-day period referred to in the Scheme for Construction Contracts (England and Wales) Regulations 1998 Sch.1 para.19(1) for the reaching of an adjudicator’s decision. (instructed by Collyer Bristow) Related barrister: Riaz Hussain To view the full judgment please click here....Read more

RWE Npower Renewables Ltd v J N Bentley Ltd [2013] EWHC 978 (TCC)

22 April 2013
(instructed by RWE) The case concerned the interpretation of a contract between the parties to determine the circumstances in which the contractor would be liable to pay liquidated damages for an alleged failure to complete work on time. To view the full judgment please click here.  ...Read more

AB & Anor v CD Ltd [2013] EWHC 1376 (TCC)

16 April 2013
The case related to whether an oral agreement reached after an unsuccessful mediation hearing was legally enforceable notwithstanding a standard clause in the mediation agreement providing that no agreement was to be legally enforceable unless incorporated into a written agreement and signed by the parties. To view the full judgment please click here....Read more

Transport for Greater Manchester v Thales Transport & Security Ltd 2012] EWHC 3717 (TCC) 146 ConLR 194 [2013] EWHC 149 (TCC) 146 ConLR 218

8 February 2013
The case related to a contractor’s contractual obligation to provide documents. The second Judgment related to the contractor seeking to demonstrate that certain documents were subject to litigation privilege. Steven Walker QC, Camille Slow and Marc Lixenberg (instructed by Weightmans LLP) for the Claimant Jonathan Acton Davis QC and Simon Crawshaw (instructed by Linklaters LLP) for the Defendant To view...Read more

John Grimes v Gubbins [2013] EWCA Civ 37

5 January 2013
(instructed by Caytons Law) The case related to a consulting engineer and liability to pay damages to a developer for the diminution in the market value of a development whose completion had been delayed by the engineer’s breach of contract. To view the full judgment please click here....Read more

Interserve Industrial Services Ltd v ZRE Katowice SA [2012] EWHC 3205 (TCC)

9 November 2012
Application in the Technology and Construction Court to stay proceedings to arbitration. There was a conflict between the dispute resolution provisions contained in the subcontracts and a subsequent settlement agreement Related barrister: Frances Pigott instructed by Corbett & Co International Lawyers Ltd To view the full judgment please click here. 9 November 2012...Read more

Dutta & Anor v Hayes [2012] EWHC 1727 (Ch)

12 May 2012
Acting for the defendant in an action concerning excessive user of a right of way along a track. Frances Pigott (instructed by Whatley Weston & Fox Solicitors). To view the full judgment please click here. 12 May 2012...Read more

Jonathan Acton Davis QC successfully represents DEFRA

25 May 2009
Jonathan Acton Davis QC, instructed by Nabarro, represented DEFRA in Farm Assist Limited (in liquidation) v The Secretary of State for Environment, Food and Rural Affairs EWHC 1102 (TCC) when a mediator unsuccessfully applied to set aside a witness summons that she attend trial to give evidence about a mediation. The dispute between the...Read more

Turner v Pryce [2008] 1 P&CR DG 20 (Ch)

9 January 2008
The claim related to proposed developments infringing the restrictive convenants imposed as part of a building scheme. Related barrister: Frances Pigott (instructed by MJ Darby & Co) for the Defendant 9 January 2008...Read more