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23 March 2017: Atkin Chambers’ Manchester topical discussion and drinks | Construction dispute trends 2017

22 February 2017
Manchester 23 March 2017 Chantal-Aimée Doerries QC, Jennifer Jones, Andrew Fenn and Mathias Cheung, and their guest panellists will be holding a discussion on the key trends in construction disputes facing lawyers and construction professionals in the region. While “change is the only constant in life”, there is a potential for serious headwinds affecting many aspects...Read more

Why more women should consider a career at the Commercial Bar

22 February 2017
BPP Law School and Atkin Chambers were delighted to join forces to hold an event entitled: “Why more women should consider a career at the Commercial Bar”. Members of Atkin Chambers from a range of call levels spoke about the pupillage process and their practices and personal experiences at the Commercial Bar. The informal panel...Read more

Better delivery of mega projects – The Oath (Middle East)

15 February 2017
Following the announcement of the development of the largest marina in the MENA region Steven Walker QC considers the contractual issues such mega projects could generate for those engaged in the delivery of the works. To read the full article please click here. This article was first published in February 2017 edition of The Oath....Read more

Contractual Interpretation: The retreat from Hoffman (Atkin paper)

14 February 2017
This paper was originally presented at a legal symposium hosted by Atkin Chambers on 7 November 2016. Contractual interpretation is a key battleground in much commercial litigation. Recent decisions from the UK Supreme Court and the courts in Singapore and Hong Kong appear to show a shift in approach from Lord Hoffmann’s well-known statement of...Read more

2 March 2017: CIArb East Asia in Hong Kong | Steven Walker QC presenting

30 January 2017
HKIAC Thursday 2 March 2017 Drinks form 6pm Steven Walker QC will present at an evening seminar to the CIArb East Asia in Hong Kong on “Multi-tiered Dispute Resolution Clauses: the enforceability of condition precedents to arbitration”.  He will be discussing the enforceability of dispute resolution clauses providing for ADR in common law jurisdictions with...Read more

Nicholas Collings presents at FIDIC Middle East Contract Users’ Conference

30 January 2017
Atkin Chambers was delighted to sponsor the FIDIC Contract Users’ Conference in Abu Dhabi where Nicholas Collings presented on ‘Arbitration & Alternative Dispute Resolution’. The session considered the nature of disputes and how they can be managed and resolved under the provisions of the FIDIC Contracts. The aim was to equip the representatives and advisers...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

Christopher Lewis and Serena Cheng are appointed as Queen’s Counsel

16 January 2017
Atkin Chambers is delighted to announce that Christopher Lewis (call 1998) and Serena Cheng (call 2000) have been appointed as Queen’s Counsel in the 2017 silk appointments announced on 12 January 2017. The members of Atkin Chambers would like to congratulate Serena and Chris on their appointment. They will be officially appointed in the Silk...Read more

A year in increments

19 December 2016
Rupert Choat provides a review of the main changes to take place in the world of construction law in 2016. In this article Rupert discusses such issues as changes to insurance, retentions, payment provisions and the new Pre-Action Protocol for Construction and Engineering Disputes. To read the full article please click here. This article was...Read more

New cases of note and interesting first instance cases highlighted by first supplement to Hudson’s Building and Engineering Contracts (13th edition)

12 December 2016
The first supplement to the 13th edition of Hudson’s Building and Engineering Contracts highlights several interesting new cases. Joint editor of Hudson Robert Clay commented: “While we haven’t seen any fundamental changes to the law, we have seen some interesting new cases that have restated or reemphasised important principles, and some interesting first instance cases.”...Read more

Concurrent Delay : a back-to-basics approach

8 December 2016
In his article for LexisNexis Mischa Balen explores the court’s approach to concurrent delay in Saga Cruises BDF Ltd v Fincantieri SpA EWHC 1875 (Comm), 167 ConLR 29. In his view, the decision sees the application of the orthodox rules of causation, and there is an important distinction between one-off and continuing events. To...Read more

Futureproof your disputes

2 December 2016
In his article for Building in December 2016 Nicholas Baatz QC discusses how leaving the EU could cause complications for the enforcement of court actions against firms and entities in EU member states. In his article Nicholas suggests that arbitration could offer an alternative. To read the full article please click here.  This article was...Read more

BLAGG Networking Event

25 November 2016
On 23 November 2016, Atkin Chambers was delighted to host a networking drinks and social event for members of BLAGG  (the Bar Lesbian and Gay Group). The event was open to all and was well attended by members of the Bar, law students, clerks and those considering a career at the Bar. The evening focused...Read more

Ask a lawyer: How do I avoid disputes when investing in African construction?

23 November 2016
Following the opening of the first fully electrified cross-border railway line linking Ethiopia and Djibouti, Simon Lofthouse QC in African Business Review discusses the potential challenges to contractors that may occur when investing in African construction due to the additional complexity of third party funding. By taking the necessary steps, many of which are outlined...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

Article 50 High Court decision will prolong construction’s uncertainty

15 November 2016
In Construction News Mischa Balen discusses the High Court decision granting the Government permission to appeal directly to the Supreme Court in relation to triggering Article 50 and explores the potential effects on the construction industry of exiting the European Union. To read the full article please click here.  This article was first published on...Read more

East and South China Sea disputes

14 November 2016
In his article for the November Edition of Petroleum Review, Patrick Clarke discusses how arbitration may be the way forward to resolve China Sea disputes. Developing the substantial hydrocarbon resources contained in the waters of the East and South China Sea can be legally challenging due to the multitude of sovereignty disputes over the waters....Read more

Errors in Adjudicator’s Decisions: Right Question, Wrong Answer

14 November 2016
Ever since the judgment of Dyson J in Bouygues when confronted with an application for summary judgment of an adjudicator’s decision with an error in it, there has been a debate about when such decisions should be enforceable. This paper by Darryl Royce goes through the case law in some detail, taking a critical look...Read more

Contractual Interpretation after Arnold v Britton: What does it all mean?

14 November 2016
In their article for the Autumn 2016 edition of the ADR Digest, Steven Walker QC and David Johnson examine the implications of the Supreme Court decision in Arnold v Britton on contractual interpretation and consider whether it marks a departure from the purposive approach developed by the House of Lords in the first decade of the...Read more

Ethiopia’s lifeline to the sea

14 November 2016
Simon Lofthouse QC explores the pitfalls and disputes that can arise in projects such as the Ethiopian constructed railway between Addis Ababa and Djibouti in his article for ALB (African Law & Business). The recently opened Ethiopia-Djibouti railway line is the first fully electrified cross-border railway line in Africa, linking Ethiopia’s capital Addis Ababa to...Read more

Heathrow’s third runway: Four lessons from other airport jobs

7 November 2016
Nicholas Dennys QC discusses the government’s recent decision to approve ‘in principle’ Heathrow’s third runway and suggests that there are lessons that can be learnt from other airports which should be applied to Heathrow in order to achieve success. These lessons are described as: sustained commitment from government and stakeholders time spent on planning is...Read more

Atkin International Construction and Arbitration Symposium 2016

31 October 2016
International Construction Arbitration Symposium in Singapore Atkin Chambers hosted an international construction arbitration symposium in Singapore on 7 November 2016 to mark the publication of the 13th edition of Hudson’s Building and Engineering Contracts. Speakers and panelists discussed topical issues in the construction and infrastructure sectors, with particular relevance to the Singapore market. The retreat...Read more

Manus McMullan QC – Construction Silk of the Year at the 2016

31 October 2016
Atkin Chambers is pleased to announce that Manus McMullan QC has been named Construction Silk of the Year at the 2016 Chambers UK Bar Awards. Manus took silk in 2010. In 2015 he won Energy and Construction Barrister of the Year at the Legal 500 Bar Awards. Manus had previously won Chambers and Partners Construction...Read more

The future of ADR?

24 October 2016
In her article for the October Edition of The Oath, Jennifer Jones discusses adjudication – what is it and what is needed to make it work in the Middle East. The article highlights the key features of adjudication, compares adjudication with other forms of dispute resolution and looks at the differences between various jurisdictions. In...Read more

New senior management team at Atkin Chambers pushes strategy forward

20 October 2016
Atkin Chambers announces two senior appointments to a newly-formed senior management team: Emily Morris and Julie Demeritt will play a key role in the set’s new three-year strategy to underline chambers’ market lead in the litigation of UK construction and global infrastructure projects, working closely with CEO Fay Gillott and senior clerk Justin Wilson. Emily...Read more

A Spring Freeze – Article for Arabian Business Qatar

12 October 2016
In his article for Arabian Business Qatar, Riaz Husssain QC suggests that any oil output agreements will be crucial in market recovery. With supply continuing to outstrip demand, it is imperative that a balance is reached. In February 2016, Saudi Arabia, Russia, Qatar, Kuwait and Venezuela agreed to the possibility of freezing output at 2016...Read more

The Costs of Construction Disputes in the Middle East

12 October 2016
In his article for ME Construction News, Simon Lofthouse QC outlines the costs incurred by construction firms when they engage in dispute resolution in the Middle East. With the average value of disputes at $82m, the Middle East heads the list. Despite this, with an average of 15.2 months, the time taken to resolve disputes...Read more

New tenant, Mathias Cheung, joins Atkin Chambers

12 October 2016
Chambers is delighted that Mathias Cheung has accepted an offer of tenancy, following successful completion of his pupillage. He is a member of Chambers with immediate effect. Mathias’ practice covers all areas of Chambers’ work, including construction, engineering and infrastructure, energy and utilities, information technology, and professional negligence. In addition to these specialist areas, he...Read more

Hudson reflects evolving construction law

3 October 2016
Robert Clay, one of the authors of the recently published edition of Hudson on Building and Engineering Contracts, explains the changes behind the 13th edition. In his article for the August issue of Construction Law, Robert highlights the improvements of the new edition. These range from a new section on Restitution to a response to...Read more

Are we ready to get fracking?

21 September 2016
In her article for Gas International, Serena Cheng discusses the current state of commercial fracking in the UK. Despite a promise from David Cameron, no commercial shale gas production has taken place in the UK. With such planning permission recently granted in North Yorkshire, this article discusses what next? Why not before? And several other...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

Fundamentals of Flight: Drones and the construction industry

15 September 2016
In the September Edition of Construction Week, Andrew Goddard QC and Simon Crawshaw discussed the potential of unmanned aerial vehicles (UAVs) or ‘drones’ to revolutionise building sites across the globe. Drone evidence gathered from when construction begins can allow progress to be monitored and recorded on a more regular basis, with significant implications for dispute...Read more

The legal ramifications of exclusivity agreements

25 August 2016
In his article for Construction Week Zulfikar Khayum analyses the sorts of issues which can arise and which need to be considered when parties enter into exclusivity arrangements. The article arises out of the recent confirmation by HH Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, and Ruler of...Read more

Brexit: Can anything be done about higher material prices as sterling falls?

25 August 2016
Since the EU referendum result, the pound has seen significant falls against both the euro and dollar, consequently the cost of importing materials for use on construction projects has increased. Jennifer Jones examines how pre-existing construction contracts may be affected by examining potential fluctuation clauses in the contract and the decision in Williams v Roffey...Read more

Using the DIFC’s Off-Shore Jurisdiction to Enforce Arbitration Awards in On-Shore Dubai

23 August 2016
In his paper for Arbitration, Mischa Balen examines the differences between the on-shore Dubai courts and the off-shore Dubai International Financial Centre when it comes to enforcing arbitration awards. In particular, the paper considers whether an award creditor can enforce an on-shore arbitral award against assets held in on-shore Dubai, rather than having to follow...Read more

Being Demanding: Recent cases on performance bond calls

1 August 2016
Stephanie Barwise QC and Omar Eljadi co-write an article on performance bond calls for Chartered ICES Construction Law Review Journal 2016  (published by the Chartered Institution of Civil Engineering Surveyors). In this article Stephanie and Omar discuss the vital role performance bonds play in modern infrastructure projects by discussing recent cases and the interpretations of...Read more

FIDIC Africa Contract Users’ Conference 2016

1 August 2016
Simon Lofthouse QC spoke at this year’s FIDIC Africa Contract Users’ Conference 2016 in Nairobi on 11 and 12 October 2016. Simon co-presented a session on arbitration and alternative dispute resolution with Mr Paul Karekzi (DRBF, Kenya). Their session considered the nature of disputes and how they can be managed and resolved under the provisions of...Read more

Brexit and contractual wrangling over infrastructure projects

19 July 2016
The UK’s decision to leave the EU could lead to the postponement or cancellation of major schemes. In her article for Construction News Frances Pigott explores what implications this may have for the contracting parties. To read the full article please click here.  This article was first published by Construction News on 19 July, 2016....Read more

Drawing the Line in Contractual Claims

11 July 2016
Contracts often limit the losses recoverable for a default, for example saying that those which are “indirect” or “consequential” are not recoverable. Where is the line to be drawn? If the contract is governed by the law of England and Wales, a court or arbitral tribunal will probably get some help from seeing what might...Read more

Payment rules: Was it worth it?

7 July 2016
Over the last 20 years the industry has invested in trying to improve cash flow, but has it been money well spent? In the June edition of Building Rupert Choat discusses recent trends and the courts’ judgments on the amended act’s payment rules. To view the full article please click here.  ...Read more

Construction in KSA – Proceed with caution!

10 June 2016
Riaz Hussain QC provides commentary on recent developments to the construction industry in the Kingdom of Saudi Arabia for May’s edition of The Oath. In this article Riaz discusses the recent reports from the Saudi Minister for Municipal and Rural Affairs that the Government has decided to ‘stop’ or postpone all new projects therefore raising...Read more

Concurrent delay, over-determination and the problem of default rules (2016) Const. LJ

10 June 2016
In his paper for May’s edition of the Construction Law Journal Mischa Balen discusses the conceptual difficulties caused by concurrent delay and causation in construction claims. The paper examines the various suggested solutions, including the “dominant cause” test in City Inn, the “Malmaison test” in Henry Boot v Malmaison and apportionment. The paper concludes by...Read more

C5 BIM legal forum

10 June 2016
Jennifer Jones chaired day 1 of the C5 BIM (Building Information Modelling) legal forum at the Grange City Hotel on 8-9 June 2016. The forum questioned and debated the key legal areas of concern around BIM and the potential legal risks that may arise in the future. Jennifer is a barrister called in 2003 specialising in...Read more

Edmund Neuberger chairs SCL Astra Debate

9 June 2016
Edmund Neuberger chaired the SCL Astra Construction Training Debate in Manchester on the 9th June 2016. The topic to be debated was “This house believes the UK Construction Industry would benefit from Brexit”. For further details on SCL Astra please click here  ...Read more

Costs Law: A Practitioner’s Guide

9 June 2016
Darryl Royce has contributed to the publication ‘Costs Law: A Practitioner’s Guide’ published by ARK Group in association with the Solicitors Journal in June 2016. Darryl’s chapter, ‘Costs in the Technology and Construction Court’ covers topics such as; The Technology and Construction Court (TCC), Pre-Action Protocol costs, Relevance of costs to place of issue, Case...Read more

Chantal-Aimée Doerries QC chairs session at the CDR Summer Arbitration Symposium

9 June 2016
Following her keynote address at the CDR Summer Arbitration Symposium on 9 June 2016 assessing the state of the market and the role played by the Bar, Chantal-Aimée Doerries QC chaired a session at the conference entitled ‘Best practice in construction and engineering arbitrations’. The panel of experts provided in-depth analysis of this key area of practice, looking at...Read more

BIM and its role in the construction industry

1 June 2016
Jennifer Jones considers the issues surrounding building information modelling (BIM) and its role in the construction industry for Lexis®PSL. In this interview Jennifer considers whether take-up of the technology has matched the government’s stated ambitions in this area and discusses both the risks and potential of BIM for the industry. To read the full article,...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

Sir Robert Akenhead at the Society of Construction Law in Hong Kong

19 May 2016
On 19 May 2016, Sir Robert Akenhead gave a presentation on witness evidence from his perspective as a recently retired TCC Judge for the Society of Construction Law in Hong Kong. This included: Practical tips, advice and pitfalls, dos and don’ts, his views generally on witnesses; Proof and differing proof; and Causation and the law. Sir...Read more

Contractor risks as Saudi public expenditure stalls

5 May 2016
In this article for Big Project ME Riaz Hussain QC analyses how Saudi Arabian contractors will be impacted by a postponement of infrastructure projects due to the economic downturn as oil prices continue to fall. Riaz also discusses the legal recourses that Saudi Arabian contractors may have and gives warning to contractors considering bids in...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

Sir Robert Akenhead, Nicholas Baatz QC and Robert Clay at the King’s College Construction Law Association Lecture

14 April 2016
Sir Robert Akenhead chaired the annual King’s College Construction Law Association and Sweet and Maxwell lecture on 14 April 2016. Nicholas Baatz QC and Robert Clay presented on issues including causation and good faith. The 13th Edition of Hudson’s Building and Engineering Contracts, which was re-written and edited by members of Atkin Chambers, was published in December 2015....Read more

Simon Lofthouse QC speaks at AIPN Middle East Chapter Event

6 April 2016
Simon Lofthouse spoke at the AIPN (Association of International Petroleum Negotiators) Middle East Chapter Event in Dubai on ‘Effective Risk Management under EPC Contracts for Oil & Gas Projects in the Middle East’. Simon, alongside a panel of recognised professionals addressed strategies in managing risks under EPC Contracts in the Middle East. Please click here...Read more

Construction Law Summer School 2016

29 March 2016
Rupert Choat spoke at the Construction Law Summer School hosted by IBC Legal Conferences. The conference was entitled ‘Comprehensive coverage of today’s key international construction law issues’. Rupert’s session focused on ADR and covered topics such as what is ADR and the types of ADR. For further information, please click here....Read more

CIArb North East Spring Debate

24 March 2016
The CIArb North East Spring Debate is a networking and CPD meeting hosted by the CIArb North East Branch as guests of Shulmans LLP. The Spring debate was entitled ‘BIM will reduce construction disputes’, BIM is heralded as the future of construction, but will it really solve the industry’s woes? Nicholas Baatz QC spoke for the against side....Read more

Contracting in hard times

21 March 2016
In March’s edition of Arabian Business Riaz Hussain QC comments on recent press reports that state Saudi Arabia, Qatar and Kuwait are projected to have significantly decreased spending on new construction contracts in the coming year in his article ‘Contracting in hard times’. The full article can be found here (p24/p25)....Read more

Effective Risk Management under EPC Contracts for Oil & Gas Projects in the Middle East

18 March 2016
Simon Lofthouse QC spoke at the AIPN (Association of International Petroleum Negotiators) Middle East Chapter Event in Dubai on ‘Effective Risk Management under EPC Contracts for Oil & Gas Projects in the Middle East”. Simon, alongside a panel of recognised professionals, addressed strategies in managing risks under EPC Contracts in the Middle East. To view the...Read more

SCL Annual Conference in Leeds 2016

17 March 2016
Dominique Rawley and Edmund Neuberger spoke at the SCL Annual Conference 2016 in Leeds. Their session was entitled ‘Challenging Payment Applications in the Absence of Employer’s Notices’. To view the full programme please click here....Read more

Riaz Hussain appointed as Queen’s Counsel

18 February 2016
Atkin Chambers is delighted to announce that Riaz Hussain has been appointed a Queen’s Counsel in the 2016 silk appointments announced on 11th January 2016. The members of Atkin Chambers would like to congratulate Riaz on his appointment to Queen’s Counsel. Riaz will be officially appointed in the ceremony on Monday 22nd February 2016. His...Read more

Riaz Hussain comments on conducting deals in ‘post sanctions’ Iran

18 February 2016
Riaz Hussain writes for Gulf Business to discuss what investors should keep in mind when conducting deals in post sanctions Iran. In this article Riaz Hussain suggests that although January 16th 2016 marked Implementation Day for lifting EU and UN sanctions on trade with Iran some UN and US direct sanctions still remain. The article...Read more

James Howells QC speaks at FIDIC Middle East Contract Users’ Conference 2016

16 February 2016
James Howells QC spoke at the 7th annual FIDIC Middle East Contract Users’ conference held in Dubai on the 16th and 17th February 2016. James’ session was entitled Arbitration and Alternative Dispute resolution, and it considered the nature of disputes and how they can be managed and resolved under the provisions of the FIDIC Contracts. The...Read more

Pupil Mathias Cheung awarded SCL Hudson Prize 2015

8 February 2016
Mathias Cheung has won the SCL Hudson Prize 2015 for his essay entitled ‘Shylock’s Construction Law: the Brave New Life of Liquidated Damages?’. The paper comments on the recent Supreme Court decision of Cavendish Square Holding v Makdessi, which replaced the Dunlop test of ‘genuine pre-estimate of loss’ for penalty clauses with a new test...Read more

Riaz Hussain examines property law trends for Property Law Journal

7 February 2016
In his article ‘Keep an eye on the ball’ Riaz Hussain examines legal and litigation trends for construction in the year ahead. Riaz examines a number of observed and potential recent developments in the industry and in the construction court’s procedures and decisions that bear consideration by industry professionals and construction lawyers alike. This article...Read more

Sir Robert Akenhead joins Atkin Chambers as a Door Tenant

4 February 2016
Sir Robert was a tenant at Atkin Chambers from 1973 until his elevation to the bench in 2007. During this time he practised as a specialist construction law barrister, in court and in arbitration, dealing with a wide range of infrastructure project disputes, and related issues. In addition to an extensive domestic practice, he also...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

Qatar’s new Commercial Companies Law: Evolution not revolution

4 January 2016
Riaz Hussain writes for January’s edition of Arabian Business Qatar discussing Qatar’s new Commercial Companies Law which aims to make it easier to start new businesses in the emirate in order to stimulate the non-oil economy. This article was first published in the January 2016 issue of Arabian Business Qatar. To access the full article...Read more

Delay and Disruption in Construction Contracts – 5th Edition

29 December 2015
Andrew Burr is editor of Delay and Disruption in Construction Contracts, now in its 5th edition the book continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup EWHC...Read more

Wrong Answer?

22 December 2015
In this article Darryl Royce assesses the ‘right question, wrong answer’ approach to the enforcement of adjudication decisions and the application of the Nikko doctrine. Wrong answer? TECBAR Review, Winter 2015, p4 -6 To view the full article please click here...Read more

The year of supreme busyness

18 December 2015
We are usually lucky if our most senior judges produce one judgment in a year that affects constrcution law. In 2015 there were five. In this article Rupert Choat explores these cases for Building. To view the full article please click here: http://www.building.co.uk/the-year-of-supreme-busyness/5079289.article...Read more

Hudson’s Building and Engineering Contracts (13th Edition)

10 December 2015
Hudson is regarded by many as the leading reference on Construction Law. The 13th Edition, edited by Nicholas Dennys QC and Robert Clay, provides a comprehensive update on the law and interpretation of construction contracts and was brought up to date by a panel comprising of many of the leading practitioners at Atkin Chambers. New...Read more

Hudson’s Building and Engineering Contracts, 13th Edition published, December 2015

7 December 2015
The members of Atkin Chambers are delighted to announce the publication of Hudson’s Building and Engineering Contracts, 13th Edition. Hudson is regarded by many as the leading reference on Construction Law. The 13th Edition, edited by Nicholas Dennys QC and Robert Clay, provides a comprehensive update on the law and interpretation of construction contracts and...Read more

Mischa Balen discusses the case of ParkingEye v Beavis for Construction News

3 December 2015
In an article published on 30th November 2015 in Construction News Mischa Balen discusses the recent Supreme Court decision of ParkingEye v Beavis and explores how penalty clauses could have a big impact on construction contracts. Media coverage of the Supreme Court’s recent decision on penalty clauses has focused largely on Barry Beavis, a 47-year-old...Read more

Atkin Chambers sponsors FIDIC Contract Users’ Conference

1 December 2015
David Streatfeild-James QC and Rupert Choat both spoke at the 2015 FIDIC International Contract Users’ event in London (1 – 3 December 2015). David Streatfeild-James QC spoke on Arbitration & Alternative Dispute Resolution – the session considered the opportunities for avoidance and early resolution of disputes under the FIDIC contract provisions. Rupert Choat led the Advanced...Read more

The winds of change in Qatar’s labour laws

1 December 2015
Riaz Hussain writes for December’s edition of Arabian Business Qatar commenting on the recent amendment to the Qatar labour law which seeks to strengthen workers’ rights and protection. This article was first published in the December 2015 issue of Arabian Business Qatar. To access the full article please click here: http://edition.pagesuite-professional.co.uk/launch.aspx?eid=82321f00-6e02-4ffb-9d35-30e9ec4ebd66...Read more

ParkingEye v Beavis: A view from the courts

30 November 2015
In an article published on 30th November 2015 in Construction News Mischa Balen discusses the recent Supreme Court decision of ParkingEye v Beavis and explores how penalty clauses could have a big impact on construction contracts. Media coverage of the Supreme Court’s recent decision on penalty clauses has focused largely on Barry Beavis, a 47-year-old...Read more

SCL HK Construction and Law Annual Conference

6 November 2015
Steven Walker QC spoke at the SCLHK Construction and Law Annual Conference on ‘How is NEC3 standing the test and lessons we can still learn!’. Atkin Chambers was pleased to sponsor this event. Steven specialises in advising and representing parties to complex commercial contracts relating to a wide range of subject matter including the design and...Read more

Atkin Chambers appoint Chief Executive

2 November 2015
The members of Atkin Chambers are delighted to announce the appointment of Fay Gillott as Chief Executive to Chambers. Fay’s career to date has covered operational and strategic development in both the private and public sector. For the past six years she has supported 7BR Chambers in the role of Chief Executive, formalising the set’s...Read more

Masters Conference

29 October 2015
At this conference chaired by His Lordship The Hon. Mr Justice Akenhead entitled “An Update on Important Contractual Issues, Delay Analysis and Claims (FIDIC and Other Contracts)” Simon Lofthouse QC spoke on Dispute resolution within FIDC Contracts, focusing on Claim Notification Clause 20.1, confiscation precedent – ways around, Dispute Adjudication Board, Relationship with Arbitration, Arbitrators...Read more

The Successful Presentation of Claims in Arbitration: Less is More

29 October 2015
Andrew Goddard QC spoke at the Hill International FIDIC Masterclass in Seoul. The purpose of the talk was to debunk the approach that is often taken in practice, even if unspoken, that Big is Better – that is to say, the approach that says that the biggest claim that can be assembled, with the most voluminous...Read more

Chambers UK Bar Guide 2016 Published

29 October 2015
Atkin Chambers are pleased to announce that we have been ‘Top Ranked’ for Construction, International Arbitration: Construction/Engineering and Professional Negligence: Technology & Construction by Chambers UK Bar Guide 2016. Chambers are ranked as a ‘Leading Set’ for Energy & Natural Resources, International Arbitration: Construction, Professional negligence: Technology & Construction and Information Technology. Chambers also has...Read more

Joint Annual Bar Conference and Young Bar Conference 2015

17 October 2015
The theme for this year’s Bar Conference is ‘The Advocate: Our role in the balance between state and citizen’. Chantal-Aimée Doerries QC moderatedPro Bono Unit Session: Pro bono advocacy: Defending the most vulnerable; developing skills all the time....Read more

Arbitration & Alternative Dispute Resolution

13 October 2015
Simon Lofthouse QC spoke at the IBC Legal FIDIC Conference in Zambia, Africa. This session considered the opportunities for avoidance and early resolution of disputes under the FIDIC contract provisions. This was intended to equip the representatives and advisers of the Parties and the Engineer to make good choices in moving towards a cost effective...Read more

Manus McMullan QC wins Legal 500 Construction and Energy Silk of the Year

30 September 2015
Atkin Chambers is delighted to announce that Manus McMullan QC has won Construction and Energy Silk of the Year at the Legal 500 Bar awards 2015. The Legal 500 commented “viewed by peers and solicitors alike as one of the best construction silks in the market, McMullan amply demonstrated this reputation by being chosen to act...Read more

Simon Lofthouse QC at Masters Conference Dubai

29 September 2015
Simon Lofthouse QC spoke at the Masters Conference (featuring The Hon. Mr Justice Akenhead, a previous member of Atkin Chambers) in Dubai on October 29th. Simon spoke on ‘FIDIC Contracts — Dispute Resolution’. His session covered topics such as: • Claim Notification Clause 20.1 • Condition precedent – ways around • Dispute Adjudication Board • Relationship...Read more

Peter Fraser QC appointed as Justice of the High Court

29 September 2015
Atkin Chambers is delighted to announce that Peter Fraser QC has been appointed as a Justice of the High Court, on the approval of the Queen. The Lord Chief Justice of England and Wales, has assigned him to the Queen’s Bench Division on the retirement of Mrs Justice Swift with effect from Thursday 1st October...Read more

Nicholas Maciolek joins Atkin Chambers as a tenant

17 September 2015
Atkin Chambers are delighted that Nicholas Maciolek has accepted an offer of tenancy, following successful completion of his pupillage. He is a member of Chambers with immediate effect. Nicholas’ practice covers all areas of Atkin Chambers’ work, including construction, engineering and infrastructure, energy and utilities, information technology, and professional negligence. In addition to these specialist...Read more

Legal 500 2015 published

16 September 2015
Atkin Chambers are pleased to announce that we have been as a ‘Top Tier Set’ for Construction by the Legal 500 2015. Chambers are ranked as leading set for the fields of; Energy, IT & Telecoms, International Arbitration: Counsel and Professional Negligence. Chambers also has Members and Associate Members ranked as leading individuals for International...Read more

Society of Construction Law: Constructing Africa International Conference

10 September 2015
Martin Bowdery QC and Simon Lofthouse QC spoke at the Society of Construction Law Constructing Africa International Conference The event was held in Cape Town on 10 and 11 September 2015. They gave a presentation on ‘The employment and use of experts in construction litigation’ and were panel members on a session entitled ‘New procedures in international...Read more

CIArb Singapore Centenary Conference

3 September 2015
Chantal-Aimée Doerries QC was a panel member at the CIArb Centenary Conference in Singapore.  The panel session was entitled ‘The Age of Innovation: Addressing the Perils and Promises of Arbitration’. Conference website...Read more

New textbook ‘Adjudication in Construction Law’ published

20 August 2015
Darryl Royce authors a new construction publication entitled ‘Adjudication in Construction Law’ published on 9th September 2015 by Routledge. This book brings together, in one convenient place, all the relevant material on the process of Adjudication in Construction. It will provide clarity for those involved in the adjudication process, or related proceedings, in the form...Read more

Adjudication in Construction Law

20 August 2015
Darryl Royce authors the publication ‘Adjudication in Construction Law’ (OUP: Oxford University Press) which brings together, in one convenient place, all the relevant material on the process of Adjudication in Construction. It will provide clarity for those involved in the adjudication process, or related proceedings, in the form of a detailed and reliable text that...Read more

Equitable Set-Off – A New Direction After Geldof?

1 August 2015
Equitable set-off has traditionally been a difficult defence to define. The Court of Appeal in Geldof Metaalconstructie v Simon Carves reviewed a number of important cases and in drawing the threads together has rationalised the test for equitable set-off. In this paper the judgment of Rix LJ is reviewed and the implications of that judgment...Read more

Martin Bowdery QC appointed Chairman of TECBAR

16 July 2015
Martin Bowdery QC has been elected Chairman of TECBAR (Technology & Construction Bar Association) with effect from 16th July 2015. TECBAR is the bar association for barristers who provide specialist advocacy and advisory services in the fields of technology and construction whether before the Technology and Construction Court (“TCC”) or elsewhere. Clients, construction professionals and...Read more

CIArb Centenary Conference: To Model Law or not to Model Law

1 July 2015
Doug Jones chaired a session at the CIArb Centenary Conference in London with panellists: Professor George A Bermann (USA), The Rt Hon Lady Justice Gloster DBE (UK), Dr Pierre A Karrer, FCIArb (Switzerland), Harish Salve SA (India). The session was entitled ‘To Model Law or not to Model Law’...Read more

Construction Law: Contracts & Dispute Management Conference 2015

1 July 2015
Rupert Choat spoke at the 7th Annual IBC Legal Construction Conference on ‘Stopping and Helping on-demand bond calls and getting paid using emergency arbitrators’. In his session Rupert covered: • The rise of Emergency Arbitrator Processes • How might EAP be used to stop or help on-demand bond calls? • How might EAP be used to...Read more

IBC Legal Construction Law Summer School 2015

1 July 2015
Rupert Choat spoke at the annual IBC Legal Summer School Construction Conference on ADR. During this seminar Rupert covered: • What is ADR? • Types of ADR • Pros and cons of ADR • ADR in international construction contracts • International trends and issues...Read more

Why only one dispute?

1 July 2015
In this article Darryl Royce addresses the ‘one dispute only’ rule, if such a rule there is. TECBAR Review, Informa...Read more

Atkin Chambers sponsor CIArb Centenary Conference

10 June 2015
Chambers is pleased to announce its sponsorship of the CIArb London Centenary Conference to be held at The London Guildhall between the 1st – 3rd July 2015. The conference is entitled ‘International Arbitration: The Principles’ and covered promoting efficient, effective economical and ethical resolution of international commercial disputes through arbitration. Delegates will hear from over 25 speakers representing...Read more

Termination: Tips for success and avoiding the Elephant Traps

14 May 2015
Fiona Parkin QC spoke at a Society of Construction Law seminar in Leeds on termination. In this Seminar Fiona discussed root causes of problem projects; managing projects in distress and the position at common law by discussing the decision in Telford Homes v Ampurius Nu Homes EWCA civ 577....Read more

Termination: Tips for success and avoiding the Elephant Traps

12 May 2015
Fiona Parkin QC speaks at SCL Seminar in Leeds on Termination. In this Seminar Fiona will discuss the following topics: Root causes of problem projects; managing projects in distress and the position at common law by discussing the decision in Telford Homes v. Ampurius Nu Homes EWCA civ 577....Read more

Doug Jones on “Challenges ahead”

12 May 2015
In a speech in Kuala Lumpur to mark the centenary of the Chartered Institute of Arbitrators, Doug Jones spoke about the new competition to arbitration offered by mediation and specialised courts and warned that the reputation of commercial arbitration may be tainted by the controversy over investor-state dispute settlement. Challenges Ahead. GAR, Law Business Research....Read more

Who’s Who Legal 2015 published

9 May 2015
Chambers has 22 Members featured in the Who’s Who Legal publication in 2015 for Construction, 6 Members featured in the category of Energy and 2 Members featured in the Who’s Who arbitration publication. To view the full list please click here....Read more

Security of Payment and Adjudication in Hong Kong

1 May 2015
With public consultation due in respect of the proposed Security of Payments (Adjudication) Act and legislation envisaged as early as next year, Hong Kong looks set to join the jurisdictions where adjudication has become a key element of construction dispute resolution. Peter Fraser QC and David Johnson of Atkin Chambers look at lessons from other...Read more

Emden’s Construction Law

1 April 2015
Emden’s Construction Law is the leading source of authoritative and detailed information on the whole area of construction law. This complete reference work is for all those involved in litigation, preparing tender or contract documents, working out claims for sub-contractors or advising borough architects or surveyors. Last released in April 2015 the book is updated...Read more

Termination: What to watch out for

18 March 2015
In this seminar by Chantal-Aimée Doerries QC in Singapore hosted by the Society of Construction Law, Chantal discussed the following aspects of termination: • Termination under the contract for cause & termination under the contract for convenience • Termination at Common Law • Subjective/Objective test • Culpable delay for which no notice • Failure to...Read more

A practical Guide to adjudication

1 March 2015
Darryl Royce writes for the Solicitors Journal for their special report on ‘Commercial Law Practice: An Expert Guide’. In this article Darryl covers the following issues: • What is adjudication? • The contracts affected by statutory adjudication • Purpose of the statutory adjudication process • The procedure • Challenges and participation in the adjudication •...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

Hudson’s Building and Engineering Contracts (12th Edition)

1 December 2014
Hudson’s Building and Engineering Contracts (Sweet & Maxwell) has long been essential reading for construction lawyers and other construction industry professionals around the world. It provides a detailed overview of the law and interpretation of construction contracts in light of the practical and commercial realities of construction projects. • Delivers an authoritative, in-depth explanation of...Read more

Chambers UK Bar Guide 2015 Published

29 October 2014
Atkin Chambers are pleased to announce that we have been ‘Top Ranked’ for Construction, International Arbitration: Construction/Engineering and Professional Negligence: Technology & Construction by Chambers UK Bar Guide. Chambers are ranked as a ‘Leading Set’ for Energy & Natural Resources, International Arbitration: Construction, Professional negligence: Technology & Construction and Information Technology. Chambers also has Members...Read more

Lauren Adams becomes tenant at Atkin Chambers

24 October 2014
Chambers are delighted that Lauren Adams has accepted an offer of tenancy, following successful completion of her pupillage. She is a member of Chambers with immediate effect. Lauren won the 2013 SCL Husdon 1st prize for her paper ”New Clots in the Lifeblood of International Construction Projects: Injuncting Employers’ calls on performance bonds” while a...Read more

Steven Walker QC chairing panel session at one day Master Class in Dubai

8 October 2014
Steven Walker QC is chairing a panel session at a one day master class in Dubai on Bonds and Insurance in Construction. The conference which is being hosted by Hill International and CIOB is on 3rd November 2014 at the H Hotel, Dubai. The master class will examine the key principles, policies, notices and claims...Read more

Legal 500 2014 published

1 October 2014
Atkin Chambers are pleased to announce that we have been as a ‘Top Tier Set’ for Construction by the Legal 500. Chambers are ranked as leading set for the fields of; Energy, Information Technology & Telecoms, International Arbitration: Counsel and Professional Negligence. Chambers also has Members and Associate Members ranked for International Arbitration: Arbitrators and...Read more

Legal 500 announces Atkin Chambers and barristers on shortlist for the The Legal 500 UK Awards 2014 for Projects and Energy, and International Arbitration.

29 August 2014
Atkin Chambers and a number of its leading barristers have been shortlisted for The Legal 500 Award 2014. Andrew White QC, David Streatfeild-James QC and Manus McMullan QC have all been highly commended as Silks in the field of Projects and Energy while Stephen Dennison QC and Manus McMullan QC have all been highly commended...Read more

Collateral Warranties: UK Case Law

1 August 2014
This paper considers a number of UK cases relating to collateral warranties – which (despite the Contracts (Rights of Third Parties) Act 1999) are much used in construction projects. First, it considers the cases which have looked at ‘no greater liability’ and ‘net contribution’ clauses and limitations on assignment; it then looks at two other...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

James Howells appointed as Queen’s Counsel in 2014 list

21 February 2014
Chambers would like to congratulate James Howells on his appointment to Queen’s Counsel. The ceremony will take place at the Palace of Westminster on Monday 14th April 2014. James practices across a broad range of disputes in litigation, arbitration, adjudication and all methods of alternative dispute resolution. He has particular experience in energy and power...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

Rupert Choat returns to the Bar to practice at Atkin Chambers

20 January 2014
Atkin Chambers is delighted to announce that Rupert Choat, will be joining Atkin Chambers as a tenant on the 1st March 2014. Following a pupillage at Atkin Chambers, Rupert pursued his career as a solicitor advocate advising on construction matters, and has been in private practice for over 15 years. He joined CMS 13 years...Read more

Andrew White QC, David Streatfeild-James QC, James Howells and Christopher Lewis named in Chambers and Partners’ Top 100 barristers at the UK Bar

17 December 2013
Andrew White QC, David Streatfeild-James QC, James Howells and Christopher Lewis were all named in Chambers and Partners’ “Chambers Bar 100”, which was published in December. Riaz Hussain also appeared as a leading junior in the shortlist, produced in October this year. The Chambers Bar 100 ranks the top barristers practising at the Bar of...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

Chambers and Partners UK Bar Guide 2014 published

29 October 2013
Atkin Chambers are pleased to announce that we have been ‘Top Ranked’ for Construction, International Arbitration: Construction/Engineering and Professional Negligence: Technology & Construction by Chambers UK Bar Guide. Chambers are ranked as a ‘Leading Set’ for Energy & Natural Resources, International Arbitration: Construction, Professional negligence: Technology & Construction and Information Technology. Chambers also has Members...Read more

Atkin Chambers wins Energy and Projects Set of the Year in Legal 500 awards

7 October 2013
Atkin Chambers has won Energy and Projects Set of the Year at the inaugural Legal 500 awards. The awards celebrate the successes of law firms, barristers’ chambers, in-house legal teams and individuals over the year. Atkin Chambers’ barristers Andrew White QC, Nicholas Dennys QC, David Streatfeild-James QC and Chantal Aimee Doerries QC were all shortlisted...Read more

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

2 October 2013
(instructed by Collyer Bristow) 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. To view the full judgment please click here....Read more

Legal 500 2013 published

1 October 2013
Atkin Chambers are pleased to announce that we have been as a ‘Top Tier Set’ for Construction by the Legal 500. Chambers are ranked as leading set for the fields of; Energy, Information Technology & Telecoms, International Arbitration: Counsel and Professional Negligence. Chambers also has Members and Associate Members ranked for International Arbitration: Arbitrators and...Read more

Construction Adjudication and Payments Handbook

1 August 2013
Two members of Chambers – Dominique Rawley QC and Peter Land – have co-authored the Construction Adjudication and Payments Handbook, the first edition of which was published by Oxford University Press on 8th August 2013. The book covers both the adjudication and payment provisions of the Housing Grants, Construction and Regeneration Act 1996 and subsequent legislation. It explains each...Read more

Martin Bowdery QC elected Vice-Chairman of TECBAR

18 July 2013
Martin Bowdery QC has been elected Vice-Chairman of TECBAR with effect from 16th July 2013 for the next two years. TECBAR is the bar association for barristers who provide specialist advocacy and advisory services in the fields of technology and construction whether before the Technology and Construction Court (“TCC”) or elsewhere. Clients, construction professionals and solicitors also use...Read more

Atkin Chambers’ team fundraises for The London Legal Support Trust

22 May 2013
On Monday 20th May a team from Atkin Chambers (Jennifer Jones, David Johnson, Ryan Deane and James Ingham) took part in the London Legal Walk, a 10km event organised by The London Legal Support Trust that raises money for various agencies and organisations providing free legal advice services in London and the South East. Together...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

Commercial Arbitration in Australia 2nd Edition

28 November 2012
Substantive and procedural changes to Australia’s domestic arbitration laws since 2010 make Doug Jones’ Commercial Arbitration in Australia 2nd Edition essential reading. “Commercial Arbitration in Australia will prove to be the major source to which the arbitral profession, the legal profession and law students will turn as the prime source … of law and commentary...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

Nicholas Dennys QC wins Construction Silk of the Year at 2012 Bar Awards

6 November 2012
Many congratulations to Nicholas Dennys QC on winning the Construction Silk of the Year at the 2012 Annual Chambers Bar Awards. The Eighth Annual Bar Awards were held on Thursday, 25th October 2012 at the London Hilton on Park Lane. Dominique Rawley QC, now a silk, was nominated as Construction Junior of the Year and...Read more

Considering Apportionment of Liability between Construction Professionals under the Contribution Act 1978

1 November 2012
Contribution claims under the Civil Liability (Contribution) Act 1978 are a common feature of commercial disputes. They are especially common in TCC proceedings given the nature of construction and engineering projects. There are often multiple professionals and parties involved in projects each owing a duty to the Employer either under direct contracts, collateral warranties or...Read more

Chambers and Partners UK Bar Guide 2013 published

29 October 2012
Atkin Chambers are pleased to announce that we have been ‘Top Ranked’ for Construction, International Arbitration: Construction/Engineering and Professional Negligence: Technology & Construction by Chambers UK Bar Guide. Chambers are ranked as a ‘Leading Set’ for Energy & Natural Resources, International Arbitration: Construction, Professional negligence: Technology & Construction and Information Technology. Chambers also has Members...Read more

Legal 500 2012 published

1 October 2012
Atkin Chambers are pleased to announce that we have been as a ‘Top Tier Set’ for Construction by the Legal 500. Chambers are ranked as leading set for the fields of; Energy, Information Technology & Telecoms, International Arbitration: Counsel and Professional Negligence. Chambers also has Members and Associate Members ranked for International Arbitration: Arbitrators and...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

Dominique Rawley and Steven Walker appointed as Queen’s Counsel in 2012 list

27 February 2012
Chambers would like to congratulate Dominique Rawley and Steven Walker on their appointments to Queen’s Counsel. The ceremony will take place at the Palace of Westminster on Friday 30th March 2012. Dominique specialises in high value disputes in the field of technology, construction and engineering projects, and in professional negligence claims, both in the UK...Read more

Rashda Rana to join Atkin Chambers as a door tenant

12 January 2012
Atkin Chambers is delighted to announce that Rashda Rana is becoming a door tenant with effect from February 2012. She will divide her time between Wentworth Chambers in Sydney and Atkin Chambers in London specialising in commercial arbitration. She began her career as a barrister at Atkin Chambers more than 20 years ago. She is...Read more

Chambers UK Bar Guide 2012 published

29 October 2011
Atkin Chambers are pleased to announce that we have been ‘Top Ranked’ for Construction, International Arbitration: Construction/Engineering and Professional Negligence: Technology & Construction by Chambers UK Bar Guide. Chambers are ranked as a ‘Leading Set’ for Energy & Natural Resources, International Arbitration: Construction, Professional negligence: Technology & Construction and Information Technology. Chambers also has Members...Read more

Andrew White QC elected as Atkin Chambers’ new Head

15 September 2011
Andrew White QC has been elected as Atkin Chambers’ next Head of Chambers. He takes over from Nicholas Dennys QC on 15th September 2011 and will hold the appointment for five years. Andrew has been a tenant at Atkin Chambers since 1980, taking silk in 1997....Read more

Note on Simon Carves Ltd v Ensus UK Ltd

1 September 2011
Andrew Goddard QC discusses the case of Simon Carves Ltd v Ensus UK Ltd for TECBAR Review. Note on Simon Carves Ltd v Ensus UK Ltd. Technology and Construction Bar Association Review, Informa. To view the full article please click here: http://www.tecbar.org/downloads/2011-TECBAR-Review-Autumn.pdf...Read more

What is the status of a restitutionary power to revest title in insolvency?

1 July 2011
This article considers the priority of a power to revest title in insolvency. It concludes that such powers are best characterised as mere equities. Mere equities rank behind equitable estates, which include floating charges. A claimant with a power to revest title who exercises his right to revest will, depending on the facts, obtain an...Read more

Defective Premises Law: Time For Remedial Works?

1 June 2011
David Johnson looks at the history and usefulness of the Defective Premises Act 1972, against the background of developments of the law of tort in particular in Murphy v Brentwood and subsequent cases. The Act offers a statutory claim for damages for defects in dwellings: the right of action requires neither a contractual link between...Read more

What Lies Beneath…

1 April 2011
James Howells addresses the issues in construction and engineering contracts relating to modern rail routes and systems. What lies beneath… Construction Solutions, FTI Consulting, Issue 6...Read more

Fiona Parkin appointed as Queen’s Counsel in 2011 list

2 March 2011
Chambers would like to congratulate Fiona Parkin on her appointment to Queen’s Counsel. The ceremony will take place at the Palace of Westminster on Thursday 7th April 2011. Fiona advises and represents multi-national companies, public bodies and professional clients in connection with substantial international and domestic disputes, typically arising out of major infrastructure projects both...Read more

Failure to estop: rationalising proprietary estoppel using failure of basis

1 January 2011
Proprietary estoppel is claimed to rest, variously, on unconscionability, or on the unjust enrichment of the party who makes the promise. Both of these approaches are problematic. Instead, and borrowing from the unjust enrichment concept of failure of basis, a cause of action in proprietary estoppel arises where A assures B that B has or...Read more

Construing Construction Contracts: Principles, Policies and Practice

1 December 2010
A paper based on talks given to meetings of the Society of Construction Law in London on 2nd December 2008, Sheffield on 16th June 2009 and Birmingham on 25th February 2010 In Chartbrook v Persimmon Homes in 2009, the House of Lords revisited an apparently theoretical but in fact intensely practical area of the law:...Read more

On turning a blind eye: Traditional Structures vs HW Construction

1 November 2010
If you notice that a supplier has mistakenly failed to charge for an item on their tender, can you accept the price, keep shtoom and then hold them to it? Frances Pigott considers the issues in article for Building. Building , UBM. To view the full article please click on the following link: http://www.building.co.uk/on-turning-a-blind-eye-traditional-structures-vs-hw-construction/5003884.article...Read more

Delay and Disruption in Construction Contracts. 4th Revised edition edition

1 October 2010
Delay and disruption in construction contracts provides the most authoritative and comprehensive coverage of delay and disruption in construction contracts and related issues. Andrew Burr was assistant editor to the 4th revised edition published in October 2010, he is also Editor to the 6th Edition which is to be published in 2016 by Routledge. For...Read more

Chantal-Aimée Doerries QC appointed Chairman of TECBAR

25 July 2010
Chantal-Aimée Doerries QC has been elected Chairman of TECBAR with effect from 15th July 2010 for the next three years. TECBAR is the bar association for barristers who provide specialist advocacy and advisory services in the fields of technology and construction whether before the Technology and Construction Court (“TCC”) or elsewhere. Clients, construction professionals and...Read more

Heartless: The case of a builder sued for having a heart attack

1 July 2010
A builder suffered a heart attack during a job and could not finish the work. When his client sued him, the case turned on the rarely seen defence of frustration…. Frances Pigott discusses the case in an article for Building Building , UBM. To view the full article please click on the following link: http://www.building.co.uk/heartless-the-case-of-a-builder-sued-for-having-a-heart-attack/5007673.article...Read more

Doug Jones AM, door tenant at Atkin Chambers, appointed to LCIA Arbitration Court

30 May 2010
One of Atkin Chambers’ door tenants, Doug Jones AM, has been appointed by the London Court of International Arbitration’s (LCIA) Board of Directors to serve a five year term on the LCIA Arbitration Court. The LCIA is one of the longest-established international institutions for commercial dispute resolution. The LCIA Court comprises up to thirty-five members...Read more

Hard Times Provoke Commercial Innovation

1 April 2010
Nicholas Baatz QC reviews recent case law relating to cost and profit sharing agreements as part of core construction and engineering contracts. Hard Times Provoke Commercial Innovation. Construction Solutions, FTI Consulting, Issue 1...Read more

Manus McMullan appointed as Queen’s Counsel in 2010 list

1 March 2010
Chambers would like to congratulate Manus McMullan on his appointment to Queen’s Counsel. The ceremony took place at the Palace of Westminster on Monday 22nd March 2010. Manus specialises in commercial disputes with an emphasis on professional indemnity, construction and engineering, information technology, insurance and energy matters both domestically and internationally. He has represented a...Read more

“Here” but “Not here, the significance of Linnett v Halliwell for jurisdiction

1 March 2010
Nicholas Baatz QC explains Linnett v Halliwells B.L.R. 312 makes more problematic the position of a party who wishes to take jurisdictional objections in arbitration or adjudication. Technology and Construction Bar Association Review, Sweet & Maxwell. To view the full article please click on the following link: http://www.tecbar.org/downloads/2010-TECBAR-Review-Spring.pdf...Read more

Manus McMullan wins Construction Junior of the Year at Bar Awards 2009

2 October 2009
Many congratulations to Manus McMullan on winning the Construction Junior of the Year at the 2009 Chambers Bar Awards. This is the third year that he has won the award, having been nominated every year since the award was granted. The Fifth Annual Bar Awards were held on Thursday, 1st October 2009 at the Grosvenor...Read more

Anti-Pettifogging

1 October 2009
Nicholas Baatz QC discusses pettifogging in an article for The American Lawyer Magazine, ALM Media Properties. To view the full article please click on the following link: http://www.americanlawyer-digital.com/americanlawyer-ipauth/tal200910ip?pg=132#pg132...Read more

His Honour Humphrey Lloyd QC awarded an honorary doctorate

15 July 2009
Atkin Chambers’ door tenant, arbitrator and former judge, His Honour Humphrey Lloyd QC, has been awarded an honorary doctorate by Leeds Metropolitan as part of the Summer Graduation celebrations. He received his honorary doctorate in Law at the University’s Faculty of Arts & Society degree ceremony. His Honour Humphrey Lloyd QC began his career as...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

Professor Doug Jones at IBA Project Finance Conference

29 April 2009
Professor Doug Jones AM was the Chair and a Panelist of a session on Best Practices in Infrastructure Projects at the IBA Project Finance Conference in Washington, USA held on 22-24 April 2009. Doug Jones is an international infrastructure and dispute resolution lawyer. He is Sydney-based and a door tenant at Atkin Chambers. He has...Read more

New QC appointment at Atkin Chambers

2 March 2009
Chambers would like to congratulate Peter Fraser on his appointment to Queen’s Counsel. The ceremony will take place at the Palace of Westminster on Monday 30th March 2009. Peter specialises in domestic and international litigation and arbitration in the construction, civil engineering, transport, professional negligence and energy and utilities sectors. Throughout his career, he has...Read more

Chantal-Aimée Doerries QC appears in The Lawyer’s Hot 100

2 March 2009
Chantal-Aimée Doerries QC has been selected by the Lawyer in its “Hot 100” list 2009 in the litigation section. One of the first of the 1992 call to take Silk in 2008, Chantal-Aimée Doerries is widely recognised as a leading practitioner in commercial dispute resolution. She has a well established practice, representing clients in a...Read more

New Door Tenant joins Atkin Chambers

2 March 2009
Sir Thayne Forbes has joined Atkin Chambers as a door tenant following his retirement from the High Court and will be accepting arbitration and other ADR appointments. Following a successful career at the Bar from 1966 to 1990, becoming Queen’s Counsel in 1984, he was made Official Referee from 1990 to 1993. He was then...Read more

Chantal-Aimée Doerries QC has been selected by the Lawyer in its “Hot 100” list 2009 in the litigation section.

2 March 2009
One of the first of the 1992 call to take Silk in 2008, Chantal-Aimée Doerries QC is widely recognised as a leading practitioner in commercial dispute resolution. She has a well established practice, representing clients in a wide range of sectors including construction, engineering and infrastructure projects, energy and natural resources, professional negligence, shipbuilding and...Read more

Continued Pro Bono support with annual concert

11 November 2008
We are pleased to announce our continued support for the Bar Pro Bono Unit with the third annual concert: “The Hilliard Ensemble” on Tuesday 11th November 2008 at 7pm, Gray’s Inn Hall. For details, or to purchase a ticket, please contact Natasha Willicombe (020 7404 0102 nwillicombe@atkinchambers.com )....Read more

Construction Junior of the Year at Atkin Chambers

1 November 2008
Many congratulations to Manus McMullan on winning the Construction Junior of the Year at the 2008 Chambers Bar Awards. David Streatfeild-James QC was nominated as Construction Silk of the year and Nicholas Dennys QC was nominated as Information Technology Silk of the year....Read more

Two new tenants join Atkin Chambers

1 September 2008
Chambers are delighted that Peter Land and Zulfikar Khayum have accepted offers of tenancy. Following completion of their pupillage, they will both become members of Chambers on 17 September 2008....Read more

Party Wall Act: Good news for good neighbours

1 July 2008
Lucie Briggs discusses a recent decision on the Party Wall Act which means that those who consent to a party wall notice are still protected by the act if a dispute arises. Building , UBM. To view the full article please click on the following link: http://www.building.co.uk/party-wall-act-good-news-for-good-neighbours/3118763.article...Read more

New appointment as Queen’s Counsel

30 March 2008
Chantal-Aimée Doerries has been appointed as Queen’s Counsel. The official ceremony will be held on the 28th March 2008. Chantal’s elevation is richly deserved and it sees her as the youngest female barrister to take the honour this year....Read more

Construction Law Handbook

1 January 2007
Martin Bowdery QC and Patrick Clarke co-edit ‘The Law of Contract’ chapter within the Construction Law Handbook (Chapter 3.1) published by Thomas Telford Publishing. The chapter covers topics such as: • Why bother? • Making a contract • Offer and acceptance • Consideration • Construction of a contract • Terminating or determining a contract •...Read more

The Legal Obligations of the Architect

1 January 1994
Darryl Royce was a contributing editor to ‘Legal Obligations of the Architect’ published by Butterworths. The material is presented with the insight that can be provided only by those who are really at the forefront of their field.’ Adopting a multi-disciplinary approach – written by both lawyers and architects – this book details the general...Read more