Atkin Chambers Barristers
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Practice
Robert specialises in litigation and arbitration, domestic and international, in the construction, civil engineering, energy, oil and gas sectors.
He handles cases for a wide range of clients, including governments, local authorities, main contractors, developers, manufacturers, energy companies, and professional firms.
He has extensive experience in arbitration both domestically and internationally. He is regularly involved in arbitrations in foreign jurisdictions including Hong Kong, Singapore, and the Middle East, and in long running London arbitrations between non-UK parties.
He is familiar with all forms of dispute resolution, including mediations (he is an accredited mediator) and expert determinations. He regularly acts in construction adjudications, both before adjudicators and in enforcement and other court proceedings. His practice has included numerous and frequent adjudications since the statute requiring adjudication first came into force.
Robert is recommended in the Legal 500 and Chambers and Partners Guide to the Legal Profession as a leading Junior in the field of Construction.
Construction, Engineering and Infrastructure
(a) International
He has conducted many complex, long running or high value international commercial arbitrations for clients all over the world, including in Asia and the Middle East. Cases include:
o Acting for a specialist interior decorator contractor in respect of loss and expense claims relating to a new build hotel complex. The arbitration was heard in the Abu Dhabi Arbitration Centre.
o Acting on a Hong Kong arbitration on piling defects in multi storey developments on land reclaimed from Hong Kong harbour.
(b) Domestic
He practises regularly in the Technology and Construction Courts and all types of UK construction litigation and arbitration. He is expert in the problems of law raised by the building and engineering standard forms of contract. He is very experienced in handling difficult technical evidence, and in the case management of complex long-running cases. Examples include:
o Successive High Court proceedings and adjudications arising out of long term PFI contracts for running and upgrading public transport infrastructure.
o Technology and Construction Court proceedings arising out of an incentive bonus for early completion of floating production facilities for the North Sea, and further proceedings arising out of numerous counterclaims by employers.
o High Court proceedings on whether time for completion of work to Wembley Stadium is “at large”, on grounds not previously considered in any English Authorities and acting on the main claim between the same parties.
Multiplex v Honeywell [2007] BLR 195
o Obtaining payment for a trade contractor for the renovation of the British Museum in a case complicated by allegations of fraud.
o Acting in an expert determination and subsequent High Court litigation arising out of a contract to build, maintain and operate a power station for a large mineral processing plant.
o Acting on an arbitration appeal on whether an arbitration which is required by the parties to be final and binding will have an unusually restricted right of appeal under the 1996 Arbitration Act
Essex CC v Premier Recycling [2007] BLR 233
o Acting as Counsel for Housing Association calling a performance bond.
Paddington Churches Housing Association v Technical and General Insurance Co Ltd. [1999] BLR 244
(c) Adjudication
Robert has been acting in construction adjudications since the statute imposing adjudication procedures on construction contracts first came into force. His cases include:
o Acting on the leading case on Human Rights and Adjudication
Austin Hall v Buckland [2001] BLR 272
o Acting on a complex adjudication in relation to extension of time arising out of offices in a listed building in St James’s.
o Acting on an adjudication about the termination of a contract to complete remedial measures to power station chimneys.
Energy, Natural Resources and Utilities
He has broad experience acting for a wide range of clients in disputes arising out of the design and construction of a variety off shore installations all over the world. Examples include acting for:
o Acting for joint venture employer on a variety of professional negligence claims regarding a major oil and gas project in South East Asia. Claims in excess of 1 billion US Dollars
o London arbitration relating to defects in an oil platform in the Persian Gulf.
o Acting for employers on a $150 million claim for delay and disruption costs in the development of an offshore gas field.
o Acting for employers on $100 million claim and counterclaim arising out of a termination of a contract to build offshore oil facilities in the South China Sea.
o Acting for the employers developing two Middle Eastern gas fields in relation to a series of loss and expense claims totalling $150 million made by the contractors under linked equipment and installation contracts, and a series of claims arising out of the indemnity and insurance provisions of the same contracts.
o Advising on issues arising out of an African gas and condensate project
o Advising Indian joint venture on set off, performance bond, and time issues arising out of an offshore development
Professional Negligence
Robert’s construction practice requires detailed knowledge of the law relating to professional liability and he regularly acts in cases in the High Court and in arbitration where all issues are essentially issues of professional negligence. In addition to many of the cases mentioned above he acted in the following cases where professional negligence and related areas of the law formed the subject matter of the main claims:
o English High Court proceedings on the construction of a professional indemnity policy relating to a Design/Build/Operate contract for waste water treatment for an EU city, and the amount recoverable under the policy.
o English High Court proceedings against an engineer who carried out site investigation and foundation design for a large housing development.
o Arbitration proceedings against the engineer responsible for East Anglian flood defence works.
Information Technology
He has experience advising in connection with IT and telecommunications disputes. Recent cases include acting on disputes arising out of a joint venture to computerise a national revenue collecting system and database.
Other Commercial
In addition to the specialist areas above Robert is regularly instructed on other commercial disputes (often international arbitrations). He also has a well established practice advising and acting for both contractors and public authorities in the area of public procurement. Examples of his work in these areas include:
(a) Shipbuilding
o Representing the owners of a specialist vessel in a long running ICC arbitration against a Far Eastern Shipyard for hundreds of millions of dollars in damages arising out of a contractual termination half way through construction of the vessel, and in relation to numerous counterclaims made by the yard.
o London Maritime Arbitration concerning variable pitch propellers supplied to a Far Eastern Shipyard for use in a series of advanced cargo vessels.
(b) Public Procurement
o Acting for the House of Commons : damages flowing from breach of EU public procurement provisions.
o Harmon CFEM Facades (UK) Ltd v The Corporate Officer of the House of Commons (No 2) (2000) 72 ConLR 21
o Counsel for public authority resisting and mediating a claim in the Chancery Division for breach of EU rules in an urban regeneration project.
o Acting for the contractor in EC procurement claim arising out of waste management
o Advising public authorities and contractors in EC Procurement claims concerning London regeneration projects.
Reported Cases
Multiplex v Honeywell [2007] BLR 195
Essex CC v Premier Recycling [2007] BLR 233
Paddington Churches Housing Association v Technical and General Insurance Co Ltd. [1999] BLR 244
Austin Hall v Buckland [2001] BLR 272
Harmon CFEM Facades (UK) Ltd v The Corporate Officer of the House of Commons (No 2) (2000) 72 ConLR 21
Legal Texts
1994 - 1998 Editor Building Law Reports
1998 - 2002 Editor Technology and Construction Law Reports
1992 Contributor to Halsbury's Laws of England, Fourth Edition Reissue: Building Contractors, Architects, Engineers and Surveyors. Procurement.
Qualifications and Awards
Panel of Adjudicators - TECBAR
Accredited mediator
1987-1988 Diploma in law at the Polytechnic of Central London
1984-1987 Doctorate in history for a thesis on the political theory of the French Wars of Religion, New College, Oxford
1984-1985 Henry Fellow at Harvard
1983 First Class in Ancient and Modern History, Oxford, Trinity .
Scholarship to New College Oxford.
Other Professional Interests
Robert is a member of TECBAR and the Society of Construction Law.
Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.