Atkin Chambers Barristers
- T:+44 (0)20 7404 0102
- F:+44 (0)20 7405 7456
Practice
Martin practises as an advocate, arbitrator, mediator and adjudicator in construction and engineering disputes and has been involved in many of high profile cases in this sector. He appears principally in the High Court, the Court of Appeal and before various domestic and international arbitral tribunals. He has had numerous appointments as arbitrator or adjudicator. He also sits as a Deputy Judge of the Technology and Construction Court and as a Recorder in Civil Actions.
His principal areas of expertise are construction / engineering and professional negligence disputes arising out of major capital projects including nuclear, gas and electric power stations, major offshore facilities, bridges, motorways, railways, tunnels, dams, reservoirs, airports, commercial, chemical and other heavy engineering projects, computer systems and commercial buildings of all sorts. He acts for and against all parties to the construction process, including foreign and domestic government departments, owners, employers, architects, engineers, surveyors, project managers, contractors, sub-contractors and insurers.
In recent years his practice has mainly been concerned with international commercial arbitration acting for overseas commercial clients and governments in a series of ICC arbitrations or other international arbitrations where the claims have been in excess of hundreds of millions. His roles have been as lead advocate acting with the assistance of teams of foreign and/or English lawyers. These disputes have involved complex engineering, insurance and financial issues requiring large numbers of expert witnesses based in many different jurisdictions.
He has extensive experience of adjudication and has advised and helped resolve disputes arising from all major forms of building, transport and engineering contracts.
As part of his general domestic practice, he has advised upon all forms of standard form contracts and has drafted various engineering and construction contracts. He has also been asked to advise in respect of substantial procurement and PFI contracts and has been instructed in respect of numerous TCC trials, adjudications and arbitrations and various applications to enforce or to resist the enforcement of adjudication decisions and arbitration awards.
Martin has been recognised for many years by the legal directories, Chambers and Partners Guide to the Legal Profession (UK and Global) and The Legal 500, as a leading silk in the fields of construction and professional negligence.
Energy, Natural Resources and Utilities
He has broad experience representing employers and contractors on international disputes arising out of the design and construction of power stations and oil and gas facilities.
Examples of recent cases include:
o Advising and representing the owners of the Teeside Power Station in respect of claims arising out of warranties contained in a Share Purchase Agreement.
o Advising and representing those responsible for the proposed extension of the Kenya-Uganda petroleum pipeline.
o Advising and representing contractors on claims regarding a combined cycle power plant at Little Barford Cambridgeshire
o Advising and representing a client in respect of major claims arising out of the design and construction of a LNG Plant.
o Advising and representing parties involved in the design and construction of a potash and magnesium oxide plant in Jordan
o Advising main contractors in the resolution of various final account claims at two nuclear power plants.
o Advising and representing domestic and foreign contractors in respect of various nuclear, electricity, waste to power and combined cycle power stations.
o Advising on various defects, delay and measurement disputes relating to offshore oil rigs and oil and gas pipeline contracts.
o Advising on claims for defective computer installations at oil refineries, power stations and defence installations.
Construction, Engineering and Infrastructure
Martin has extensive experience acting for employers, joint venturers, contractors and consultants domestically and internationally. Examples of recent cases include:
(a) International
o a harbour redevelopment works in Tanzania.
o a housing development in the Republic of Gabon.
o a reservoir and dam in Cyprus.
o sewers and drains in Bangkok.
o construction and engineering disputes in Hong Kong.
(b) Domestic
o Advising and representing a client in disputes regarding acceleration claims, delay claims and loss and expense claims at Wembley Stadium.
o Advising and representing a client in respect of a major quantum meruit claim arising out of the design and construction of Coventry Football Stadium.
o Advising and representing Associated British Ports in the successful defence against a clause 12 claim advanced by European designers of the dock-strengthening works at Southampton.
o various motorway construction claims.
o major water and sewage treatment plants.
o loss and expense claims arising from shopping centre redevelopments.
o road construction contracts and numerous commercial developments.
Professional Negligence
Martin has experience acting for or against a wide range of professionals including engineers, architects, surveyors, accountants, solicitors and financial services advisers in numerous multi-million pound professional negligence actions. Examples of recent cases include:
o Acting for developers against a firm of solicitors who advised that they could terminate a contractor’s employment to construct a block of flats in Manchester.
o Acting for geotechnical engineers resisting claims for alleged negligence in respect of ground stabilisation design works.
o Acting for the engineers engaged in connection with the design and construction of the Tesco Store at Gerrards Cross.
o Acting for the engineers engaged in connection with the re-development of the Birmingham Children’s Hospital.
Transport
o Advising and representing Jarvis on numerous adjudications arising out of their renewal and maintenance contracts with Railtrack and Network Rail.
o Advising and representing in respect of various claims arising out of bus and trains operation contracts.
o Advising and representing London Underground in respect of an action regarding defective computer software.
General Commercial
o Advising and representing the Cameroon Government in successfully setting aside an ICC Arbitral Award made in favour of Transnet Limited of South Africa who had bought maintenance contracts in respect of Cameroon Airlines aircraft through bribes and corruption.
o Advising and representing clients in respect of numerous claims arising out of PFI agreements in relation to hospitals, prisons, housing projects and military accommodation.
IT and Telecommunications
Martin’s practice also encompasses a substantial number of computer, IT and related disputes. He has advised in respect of, and settled, contracts for the installation of new computer systems as well as preparing and drafting final settlement agreements in respect of disputes involving under-performing computer systems.
In recent years he has been instructed in the following matters:
o Advising and representing a foreign contractor in respect of a defective computer installation at a major international airport.
o Advising and helping resolve claims arising out of a defective computer installation used throughout a major water authority.
o Advising and representing a computer supply company in respect of major claims arising out of procurement errors committed by the British Government in respect of multi-million pound procurement contracts for computer services for the Ministry of Defence
o Advising on an action in respect of defective software for a major transport operator.
o Advising on claims for defective computer installations at oil refineries, power stations and defence installations.
o Advising on claims arising out of the termination of a £900m NHS IT contract.
ADR Appointments
In the last two years Martin has accepted appointments as an Independent Expert and ICC Arbitrator in respect of
o Disputes relating to the Dubai Metro.
o Claims arising out of the design and construction of a container port in the Dominican Republic.
o Claims arising out of service delivery agreements with a large local authority.
Reported Cases of Significance
Ampleforth Abbey Trust v Turner & Townsend Project Management [2012] EWHC 2137 (TCC)
Robert West Consulting Ltd v PHI Group Ltd [2012] BLR 329
Robert West Consulting Ltd v Carillion JM Ltd [2011] BLR 504
Vision Homes Limited v Lancsville Construction Limited [2009] BLR 525
Galliford Try Infrastructure Ltd v Mott MacDonald [2008] CILL 2612 TCC
Haden Young Ltd v Laing O’Rourke Midlands Ltd [2008] ABC LR 05
Multiplex Construction (UK) Ltd v Honeywell Control Systems Ltd [2007] BLR 195
Multiplex Construction (UK) Ltd v Honeywell Control Systems Ltd [2007] BLR 167
Associated British Ports v Hydro Soil Services [2006] All ER (D) 269
(1) Taylor Woodrow Holdings Limited (2) George Wimpey Southern Counties Ltd v Barnes & Elliott Ltd [2006] BLR 377
Baker & Davies PLC v Leslie Wilks Associates [2005] 3 AER 603
Jarvis Facilities Ltd v Alston Signalling Ltd [2004] 95 Con LR 55
Qualifications and Awards
2004 Deputy Judge Technology and Construction Court
2003 Recorder – Civil Only
2000 Queen’s Counsel
1980 Called to the Bar, Inner Temple
1978 B.A. (Oxon) Philosophy, Politics and Economics, Pembroke College, Oxford
Legal Texts
Editor of International Construction Law Review published by Lloyds of London 1983-1987
Contributor to: - Contemporary Issues in Construction Law Volume III;
- Construction Law Handbook published by Thomas Telford Publishing
Other Professional Interests
He is a member of the Technology and Construction Bar Association (TECBAR), the Commercial Bar Association (Combar) and the Society of Construction Law (SCL)
Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.