Atkin Chambers Barristers
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Practice
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 handled many high profile cases representing governments, private employers, manufacturers, a huge number of contractors and their professional advisers all over the world. He is regularly instructed to advise upon and appear in various jurisdictions including the Commonwealth of the Bahamas, Bermuda, Hong Kong, mainland China, the Middle East including the Sultanate of Oman, California, various countries in Africa and Sweden. He has been called to the Bar of the Commonwealth of the Bahamas to conduct a case there in the Supreme Court.
He is well versed in all forms of dispute resolution, acting regularly as arbitrator nominated or appointed by the parties in arbitrations. He also has considerable experience of adjudication, both acting for parties in adjudications, dealing with High Court enforcement and challenging proceedings connected with adjudication awards, and also sitting as an adjudicator.
He is recommended by the legal directories, Chambers and Partners Guide to the Legal Profession and The Legal 500, in the fields of Construction, International Arbitration and Professional Negligence.
Construction, Engineering and Infrastructure
Throughout his career, Peter has handled many complex, high profile, high value cases representing governments (British and overseas), a huge number of contractors, private employers and their professional advisers all over the world.
Examples of recent disputes include:
(a) International
o Acting for developer in Gibraltar on call on bond in insolvency situation [Gibraltar and United Kingdom]
o for major UK component manufacturer in action in Commercial Court relating to supply to Ford Motor Co in United States of automotive electronic components [United States and United Kingdom];
o Acting for major UK car manufacturer in arbitration proceedings arising out of design and construction project at car factory in Poland [Poland and United Kingdom];
o Acting for Ultra High Net Worth citizen of the USA in two Supreme Court cases against contractors arising from high-value construction development at Ocean Estates, Paradise Island [Bahamas];
o Acting for international consortium in The Consortium v Government of Hong Kong SAR Civil Eng Dept in multiple arbitrations concerning the land reclamation for DisneyLand Asia [HK];
o Appearing for Government of major Gulf State in A Contractor v The Government, an international arbitration concerning design and construction of highway through mountainous regions and the desert. Opponent was Vivian Ramsey QC (as he then was) in his last appearance as counsel before becoming The Honourable Mr Justice Ramsey upon his elevation to the High Court Bench two weeks after the substantive hearing [Gulf States];
o Appearing for an engineer in a claim by the Government of Botswana in an international arbitration held in South Africa arising out of the construction of Bokaa Dam in Botswana. [South Africa];
o Acting for a specialist sub-contractor on a dispute arising from transportation works at EuroDisney in Paris [France].
(b) Domestic
o Acting for Carillion plc in two High Court trials in Technology and Construction Court (before Edwards-Stuart J in 2010, and Akenhead J in 2011) arising out of ground stabilisation works and Wembley Light Maintenance Depot on the Chiltern Railways network
Carillion plc v Robert West Contractors Ltd and Carillion plc v Phi Engineering
o Acting for Sir Robert McAlpine in High Court trial in Technology and Construction Court in 2010 (Akenhead J) arising out of extensive mechanical and electrical installation refurbishment and replacement at major office building in the City of London
Linklaters LLP v McAlpine and How Engineering Ltd
o Acting for Carillion plc in million pound claim by pipework sub-contractor on hospital development under PFI initiative in North West of England
o Acting for Joint Venture as lead counsel in £200m claim regarding infrastructure project
o Acting for National Health Trust against PFI contractor to enforce contractual obligations in respect of high dependency unit requirements in European Transplant Centre of Excellence?
o Acting for developer to prevent subsequent claim and assignment from insolvent contractor to assignee via administrators
Straw Realisations No. 1 Ltd v Shaftesbury Developers Ltd
o Acting for German Engineering Co. in trial in Technology and Construction Court concerning construction of car manufacturing facility in Midlands
o Appearing for the Claimant in a year-long trial in the TCC and Court of Appeal (twice) concerning the design and installation of fire and building management systems at Canary Wharf, London
Inserco Ltd v Honeywell Control Systems Ltd;
o Appearing for the Claimant in an action concerning the design and installation of control systems at Harbour Exchange, Isle of Dogs, London
How Engineering Services Ltd v Amec Ltd;
o Appearing for the Claimant in an action concerning the construction of the award-winning West Yorkshire Playhouse in Leeds
Amec BuildingLtd v The Leeds Theatre Trust Ltd;
o Appearing for the Claimant in a TCC action concerning the entire re-design and installation of the electrical and control systems in the refurbishment of the New Sadlers Wells theatre in London
Goodmarriott & Hursthouse Ltd v New Sadlers Wells Ltd;
o Appearing for the local authority in an arbitration concerning multi-million pounds claim for refurbishment works to local authority housing stock
EC (London) Limited ( in Administration) v The London Borough of Tower Hamlets;
o Appearing for Brown & Root in a TCC trial that concerned the procurement and tender award of out-sourced MOD services for RAF Fighter Command Stations and Advanced Flight Training School
BRAMA Ltd v Aramark Ltd;
o Appearing for the Respondent in an arbitration that spanned 12 months concerning the refurbishment of Victorian tunnelling and associated construction works in London;
o Appearing for the main contractor in a TCC trial concerning the design and installation of a new production line at two car factories in the Midlands
Europa Engineering Ltd v Fredenhagen Ltd;
o Acting for Haden Drysys in a TCC action concerning the design and construction of aeronautical construction facility in UK
CTI Systems SA v Haden Drysys International and Clugston Ltd;
Professional Negligence
Peter has broad experience dealing with professional negligence claims both for and against a wide range of professionals including engineers, architects, surveyors and their indemnity insurers. Subject matter includes defective designs (both of schemes, buildings and bridges), supervision and certification of works, design and construction of pharmaceutical manufacturing facilities, programming of new build and refurbishment projects, urban regeneration works and various major leisure projects including sports stadiums.
He has also dealt with claims concerning geo-technical engineering principles and the performance of the engineer under the FIDIC and other contract forms and other major hydro-electric and tunnelling projects worldwide. Recent case examples include:
o Appearing for engineering consultants of international repute in, an international arbitration in Johannesburg concerning a professional negligence claim arising out of the design of, and supervision of the construction of, the Bokaa Dam in Botswana
[South Africa] Govt of Botswana v The Engineer;
o Appearing for Laing Ltd in a TCC trial that spanned five months (liability and quantum) concerning professional negligence of construction management company in the £65 million extensive construction and refurbishment project of the Victorian Great Eastern Hotel in the City of London
Great Eastern Hotel Ltd v Laing Ltd;
o Appearing for Arup Associates in a TCC trial concerning the design by the multi-disciplinary partnership of the Copthorne Newcastle, a major hotel in the riverside regeneration programme in Newcastle-upon-Tyne
Copthorne Hotel (Newcastle) Ltd v Arup Associates;
o Appearing for major public school in a TCC action concerning defective design of mechanical heating installations
Governing Body of Charterhouse School v Hannaford Upright;
o Appearing for St James (Grosvenor Dock) Ltd in a TCC action concerning the replacement of the Construction Manager during the construction works at Grosvenor Riverside in London
Scheldebouw BV v St James (Grosvenor Dock) Ltd;
o Appearing for Berkeley Homes on two TCC actions, concerning defective ground-work engineering design for the Gosport Marina and also Knowle Village in Hampshire
Berkeley Homes v Lesley Wilkes Associates;
o Acting for The Harbour Commissioners in a case concerning the design of new dock gates and coastal protection works for Whitehaven Harbour.
Transport
He has represented a large number of contractors on high profile disputes arising from road, rail and mass transit systems and infrastructures. This includes:
o Acting for London Underground on multiple disputes against consortium on the Connect Project, a 20 year PFI project for new digital asynchronous communication system for the whole of Underground network. The value of these disputes exceeds £100 million and includes both adjudications fully-contested arbitrations and High Court challenges to arbital awards.
Citilink Ltd v London Underground Ltd;
o Acting for a contractor on a dispute arising out of the construction of the MTR in Hong Kong;
o Acting a contractor on disputes arising out of Jubilee Line extension works to the London Underground network in London;
o Acting for a contractor on a dispute arising out of the Metro extension in Sunderland.
Energy, Natural Resources and Utilities
He has experience of both domestic and international disputes regarding power stations, water projects, oil and gas exploration and exploitation. Examples of recent work include:
o Advising the employer in a delay dispute relating to a contract for the provision of 2 drilling rigs for an exploration campaign offshore of Greenland.
o Acting for a specialist drilling contractor in the TCC regarding provision of well testing / drilling services.
o Acting for licensee in North Sea field in $100m claim regarding damage to FPSO.
o Acting for worldwide oil company in two cases concerning claims in the English court arising out of joint exploration of resources in Jordan.
o Advising the Government of the People’s Republic of China on disputes arising with the international consortium on the Xiaolangdi water project in China, a multi-billion dollar project partly funded by the World Bank [People’s Republic of China].
IT and Telecommunications
Peter has experience dealing with IT and telecommunication disputes including digital phone networks, national mobile phone technology and computerisation disputes. An example of his work includes:
o Advising major UK mobile telephone provider in several contractual disputes, including those with out-sourced service provider (in which the contractual relations were subject to the Law of Sweden) and others under the law of England.
Qualifications and Appointments
Holder of LLM and MA in Law from Cambridge University.
Appointed Recorder of the Crown Court in 2002.
Appointed Queen’s Counsel in 2009
Legal texts
Peter is currently editor of the Building Law Reports and has been since 1991.
Other Professional Interests
Peter is a member of TECBAR, Combar and the Society of Construction Law. He also regularly lectures to The Society of Construction Law. He is often invited to lecture across the world and did so in Dubai and Qatar in 2011 and Hong Kong in 2012.
Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.