Atkin Chambers Barristers
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- F:+44 (0)20 7405 7456
Practice
Jonathan specialises in domestic and international litigation and arbitration in the construction, civil engineering and energy sectors and all related technical disputes. Throughout his career, he has handled many high profile cases representing governments (British and overseas), a huge number of contractors, private employers, manufacturers and their professional advisers all over the world.
He regularly appears in English High Court litigation, mediation, expert determination, adjudication (also as adjudicator) and international and domestic arbitrations, as an advocate and an arbitrator. Internationally he has conducted numerous arbitrations under both ad hoc agreements, ICC and UNCITRAL Rules in Singapore, Kazakhstan, Oman, Paris, Brussels and London in relation to disputes arising out of projects in Europe, Africa, the Middle East and Asia.
In addition to this, he has advised and acted for the British government in a number of mediations and trials for DEFRA against contractors arising out of the foot and mouth outbreak and other epidemics.
Jonathan has been recognised for many years, including in the most recent editions by the legal directories, Chambers and Partners Guide to the Legal Profession and The Legal 500, as a leader in the field of construction law.
Construction, Engineering and Infrastructure
Throughout his career Jonathan has dealt with the whole range of issues arising in the field including the interpretation of Standard Forms of Contract such as JCT, FIDIC and ICE, contractors’ claims for loss and expense, defects claims, residential and commercial buildings, housing estates, motorway widening schemes, road construction, town and city redevelopments, bottling plants, shoreline breakwaters, the construction of manufacturing and process plant, mining, the causes and effect of fire, landslips and building collapses, local authority and central government work.
Case examples:
(a) International
o Advising the Tenants/Occupiers of a large commercial development in Jersey of their remedies in relation to serious flooding of the basement under their lease and in negligence against the Developers and Contractors.
o Advising the Contractor in respect of delays and defects in the development of a site in Singapore.
o Advising and acting in High Court litigation between American corporations arising out of a process plant in Ireland and taking part in the New York mediation processes which resulted in compromise of the claims.
o Advising and acting in an ICC arbitration for a Lebanese Employer concerning the engineering works intended to result in the remediation of a landfill site in Beirut used between 1975 and 1994 for the disposal of construction waste, municipal waste and unexploded ordinance.
o Advising and acting in an ICC arbitration for a Main Contractor concerning the construction of new terminal buildings, aprons, taxiways, car parks and roads at Bole Airport, Addis Adaba, Ethiopia
o Advising and acting for a Middle Eastern Government in 2 unrelated arbitrations in Oman in relation to claims brought by the Contractor arising out of the design and construction of highways.
o Advising Contractors concerning 2 unrelated highway disputes in Nigeria.
o Advising a Sub-Contractor and preparing Submissions for an arbitration appeal in the Republic of Ireland.
o Advising a Contractor in a Highway dispute in Lebanon.
o Advising the Government of Gibraltar in 2 unrelated disputes concerning the construction of housing.
(b) Domestic
o Advising and acting for the Main Contractor in a series of adjudications concerning a hospital in South London redeveloped and refurbished under PFI contracts.
o Acting as advocate in a number of adjudications including disputes arising out of the development of a remand centre, a housing estate, a hotel redevelopment, a water treatment plant and a hospital redevelopment and refurbishment.
o Acting on a dispute arising out of an application to enforce an adjudicator's award where the paying party objected to summary judgment on the basis that the adjudicator had failed to observe the principles of natural justice.
o Acting on a dispute arising from whether a contract is binding despite absence of agreement on certain essential terms.
o Advising and acting for the Contractor on a defects claim arising out of a large retail development.
o Advising and acting in a claim made by a Central London hotel developer in the High Court.
o Advising and acting for an international retailer in High Court litigation arising out of defects in the construction of its Anchor Site and the ancillary areas.
o Advising and acting for Kajima in a High Court litigation in a dispute over the construction of a housing estate.
o Advising and acting for Bechtel on an adjudication arising from a dispute involving a waste water treatment works in Scotland.
o Advising on an adjudication arising out of the Eurostar development at St Pancras.
o Advising acting for the Employer in High Court litigation concerning Guernsey Airport.
o Advising and acting in High Court litigation for a landowner in a dispute with the developer over a substantial housing project.
o Advising and acting on behalf of the manufacturer in Review Board proceedings between a government department and the manufacturer in relation to the development, manufacture and supply of missiles.
o Advising the Employer in a dispute arising out of the refurbishment of 2 luxury hotels.
o Advising and acting for a Local Authority in current High Court litigation concerning its acquisition of housing estates against the Seller and its professional advisors.
Energy, Natural Resources and Utilities
He has broad experience of both domestic and international disputes in relation to gas and oil pipelines, power stations and oilrigs. Case examples include:
o Acting for the Main Contractor on a gas pipeline dispute in Bangladesh.
o Advising the Main Contractor in a number of Power Station disputes in India.
o Advising and acting for the Contractor in current High Court litigation concerning the decommissioning and dismantling of North Sea oil and gas platforms.
o Advising and acting for the Purchaser in current High Court litigation in a warranty dispute concerning the sale of a power station and its assets.
Transport
He has represented, among others, governments and contractors on disputes arising from road and rail projects and infrastructures. Case examples include:
o Advising and acting for major contractor in a number of rail infrastructure disputes.
o Advising and acting in two multi-million pound factually unrelated domestic arbitrations in highway disputes for HM’s Secretary of State for Transport.
o Acting as Adjudicator in 6 unrelated disputes concerning main and underground railways.
o Advising the Contractor in 2 unrelated disputes concerning the manufacture, supply and installation of tram systems.
General Commercial
In addition to the specialised areas above, Jonathan is regularly instructed on general commercial disputes. Case examples include:
o Advising and acting in 6 cases for DEFRA against Contractors arising out of the Foot and Mouth Outbreak.
o Advising on the agency structure of a chain of house-building limited companies for the house builder.
o Acting for the Employer on an Arbitration appeal to the High Court concerning mining.
o Acting for the Supplier on an Arbitration appeal to the High Court concerning the treatment of wool.
o Acting for the Contractor on an Arbitration appeal to the High Court concerning a lighting and maintenance contract.
o Acting for the guarantor under a Rescheduling Agreement in successfully resisting summary judgment sought by the Dubai Islamic Bank in the English Commercial Court on the bases among others that the Bank had repudiated the agreement on which it relied and had itself engineered the default of the principal debtor.
o Acting in 2 separate High Court cases where the extent of privilege attaching to a mediation was considered and decided upon.
Professional Negligence
Jonathan 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 auditors, valuers, solicitors and construction professionals. He has worked on many high profile cases including the landmark case Watts v Morrow [1991] WLR 1421 on measure of damages in surveyors’ negligence disputes.
He has advised on a professional negligence action in the Royal Court, Samedi Division, Jersey. The claim concerned liability for refurbishment works which had overrun in time and cost.
ADR Appointments
o Acting as Arbitrator (one of two) in a breach of contract claim under the law of contract in Guernsey.
o Acting as Arbitrator (sole) in a dispute between a developer and the building owner in relation to substantial office premises in Almaty, Kasakhstan.
o Acting as Arbitrator (one of three) in an ICC arbitration in Singapore in an engineering dispute between a state owned Middle Eastern international air line company and the repairer of its engines in relation to the in-flight failure of an engine.
o Acting as Arbitrator under LCIA Rules in 12 separate disputes involving Kasakhstan companies within the energy sector.
o Acting as an Adjudicator in a defects and delay dispute in relation to the construction of Court Buildings.
o Acting as an Adjudicator in 6 unrelated disputes concerning main and underground railways.
o Acting as an Adjudicator in a defects dispute on a Biofuels Plant in the North of England.
o Acting as an Adjudicator in a total of 6 other miscellaneous disputes since 2011
Notable Reported Cases
Balfour Beatty v London Borough of Lambeth [2002] BLR 288
Groundshire v VHE Construction [2001] BLR 395
Mitsui Babcock v John Brown Engineering [1996] 51 Con. LR 129
Watts v Morrow [1991] 1 WLR 1421
Ascon Contracting v McAlpine (rep in the Construction Industry Law Letter)
Galoo Ltd v Bright Grahame Murray [1994] 1WLR 1360
Dubai Islamic Bank v PSI Energy Holding and others [2011] EWHC 2718
Guernsey v Jacobs [2011] EWHC 918
Gold Group v BDW Trading [2010] BLR 235
Farm Assist v DEFRA [2009] BLR 399
Ruttle Plant v DEFRA [2010] 1 All ER (Comm) 444
Ruttle Plant v DEFRA [2009] 1 All ER 448
Ruttle Plant v DEFRA [2008] 2 All ER (Comm) 264
Cumbria Waste Management v Lakeland Waste Management [2008] BLR 330
Qualifications and Appointments
TECBAR accredited adjudicator
Bencher of Inner Temple (1995)
Assistant Recorder (1997)
Recorder, authorized to sit in civil and criminal matters (2000)
Chairman, Bar Council Professional Conduct and Complaints Committee (previously Vice Chairman) (2001 and 2002)
Member, Legal Services Consultative Panel (2004 to date)
Deputy High Court Judge (2008 to date)
Good working knowledge of French
Other Professional Interests
Jonathan is a member of TECBAR, Combar, the London Common Law and Commercial Bar Association and the Professional Negligence Bar Association.
Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.