Atkin Chambers Barristers
- T:+44 (0)20 7404 0102
- F:+44 (0)20 7405 7456
Practice
Nicholas is a leading specialist in construction, civil engineering, international arbitration, professional negligence and information technology together with related areas such as insurance, sale of goods, insolvency, transport and energy.
He acts as advocate and advisor domestically and overseas in court and arbitration proceedings concerning major construction, engineering, IT, road and rail transport, infrastructure and oil and gas projects. Overseas disputes commonly involve international corporations and joint ventures, and governmental or quasi-governmental bodies. He has appeared in arbitrations conducted in various parts of the world under LCIA, ICC, HKIAC, SIAC and UNCITRAL rules.
He also acts as arbitrator, adjudicator and mediator. He has acted as party-nominated arbitrator, chairman and sole arbitrator on numerous occasions in domestic and international disputes and conducts adjudications early neutral valuations and other forms of dispute resolution.
He has been involved in disputes involving foreign law including in India, Hong Kong, Singapore, UAE, USA (including New York, Texas, California), Europe (including Spain and Poland), South Africa and Gibraltar.
Nicholas has been recognised for many years by the legal directories, Chambers and Partners Guide to the Legal Profession (UK, Global and Asia) as well as The Legal 500, as a leading silk in the fields of construction, professional negligence, international arbitration, professional negligence and information technology.
Construction, Engineering and Infrastructure
Nicholas has extensive and wide-ranging experience of construction and civil engineering disputes, involving major projects of all types.
Some examples of his current and recent cases include the following:-
(a) International
o Acted in a series of substantial Arbitrations in Hong Kong relating to a dispute between the domestic developer and a local contractor concerning issues relating to Government consents for tree felling defects loss and expense claims, final account and completion;
o Acting on a UNCITRAL rules arbitration concerning a contract to build and operate a process plant and supply products to the Thai subsidiary of a Swiss food company for a Thai contractor under Thai substantive law in claims valued at c.US$300million due to be heard in Singapore.
o Airport buildings for Middle East redevelopment of transport hub;
o Bridge Construction in Far East;
o European Airport redevelopment;
o Acted for a Portuguese joint venture against the Polish Government in an ICC Arbitration in Warsaw arising out of major infrastructure project;
o Acted for the ship-owners in a high value and long running dispute between Singaporean shipbuilders and Dutch ship-owners;
o Acted in an ICC arbitration which was the subject of several hearings between two major Japanese corporations concerning claims arising from construction of state of art plastics in UK.
(b) Domestic
o Destruction of confectionary factory by fire
Trebor Bassett Holdings Ltd v ADT Fire & Security (2011) BLR 661;
o Termination/alleged frustration Redevelopment Agreement
Gold Group Properties v BDW Trading Ltd [2010] BLR 235;
o Instructed to lead the counsel team to act for PC Harrington, the concrete sub-contractor, in part of the Wembley Stadium litigation.
PC Harrington Contractors Ltd v Multiplex Constructions (UK) Wembley;
o Dispute over environmental and fire controls at Heathrow Terminal 5. Final account dispute valued circa £80m;
o Mixed office, retail and domestic development in Central London;
o The development of large site in UK city centre;
o Edinburgh tram project.
Energy, Natural Resources and Utilities
He has considerable experience of both domestic and international disputes regarding utilities and oil and gas particularly in relation to the design and construction of on and off-shore installations. Cases include:-
o Marine installation of power distribution system for offshore wind farm;
o Petrochemical process plant in N.E. England;
o Two thermal power plants in India;
o Extraction and supply of marine aggregates to Russian Federation;
o Acting for an oil company in disputes relating to offshore facility in Gulf of Mexico.
Professional Negligence
Nicholas has acted in a number of disputes of alleged professional negligence between construction professionals and their advisors. A number of his leading cases include: -
o Co-Operative v John Allen Associates (CA 2011);
o Acting for defendant architects in the TCC and in the Court of Appeal in relation to a claim by the occupier of a distribution warehouse arising out of a flood. Issues included the scope of an architect’s duty of care to ‘subsequent’ occupiers and the relevance of the opportunity for intermediate examination and discovery of design defects
Pearson Education Ltd v The Charter Partnership Ltd [2006] PNLR 14 (TCC), [2007] EWCA Civ 130 (CA);
o Acting for the architects in an alleged negligence claim by Baxtall in relation to the proper approach to duties of care owed by design professionals to ‘subsequent occupiers’ for property damage
Baxall Ltd v. Sheard Walshall Partnership & Others (2002) BLR (CA)
o Acting on a claim for alleged negligence of architects for subsequent fire damage
E Turner & Sons v. Watkins [2001] TCLR (CA)
o Acting on a negligence claim regarding the obligations of developer, project manager and architect to a contractor for cost overruns
Jarvis Ltd v. Castle Wharf & Others [2000] PNLR (CA)
IT and Telecommunications
He has considerable experience in the IT and Telecommunications’ field acting on disputes in relation to telecommunication systems and computer software and hardware systems for many big household names, including Accenture, LCH Clearnet, T-Mobile, Unisys, Liberata, BBC and UBS.
Current involvement includes:
o Dispute over supply of broadband equipment in Far East.
o Traffic control system in Middle East.
o Implementation of a new Governmental software and hardware system in Far East.
ADR Appointments
o Appointed as party nominated Arbitrator (ICC, Hong Kong) in respect of dispute relating to the supply and purchase of telecommunication equipment.
o Appointed as party nominated arbitrator (ICC) in respect of dispute relating to a dredging / engineering project.
o Appointed as sole arbitrator in respect of HK$ multi-million claims arising out of a project for one of the world’s longest cable-stayed highway bridges.
o Appointed to three person DAB regarding the construction of a high value mixed use commercial and residential development in Middle East
o Appointed as sole arbitrator in dispute arising from the design and construction of a UK water treatment facility.
o Appointed as adjudicator in dispute regarding the design, construction and commissioning of an offshore alternative Energy project.
o Acted as adjudicator in various disputes relating to road and rail construction including the M6 Tollway and London Underground.
o Acted as expert determinator in several cases including the A13 improvement work and an off shore wind facility.
Qualifications and Appointments
1970-1973 Brasenose College, Oxford (P.P.E.)
1997 Assistant Recorder
2000 Recorder
2003 Bencher of Middle Temple
Please contact our senior clerks, Simon Slattery or Justin Wilson for further information.