Atkin Chambers Barristers
Stephen is a leading specialist in the construction and civil engineering, energy and utilities, and the transport sectors together with related areas such as public procurement of infrastructure projects and insurance.
He has conducted numerous substantial and complex cases in the High Court and in domestic and international arbitration, having extensive experience under the ICC, LCIA and SIAC rules. He is also frequently consulted to advise on and to represent clients in the resolution of disputes through alternative procedures including expert determination, mediation and adjudication.
In addition to his experience as an advocate, Stephen has been appointed as an Adjudicator particularly with regard to high value infrastructure projects and retail developments, and also as an Expert. He has accepted invitations to determine or assist in the resolution of disputes through a process of expert determination as well as having been appointed as an expert on the Law of England and Wales in foreign proceedings.
Stephen 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, professional negligence, and information technology. For full details please download the attached CV below.
In addition to the above Stephen has been invited to lecture internationally in the Far East and North America.
Throughout his career Stephen has specialised in work within the construction and engineering sectors. Whilst much of the work has been within these sectors as they have been traditionally understood Stephen has undertaken a wide variety of work embracing the design and construction of projects as diverse as shipbuilding, including luxury liners and super-yachts, specialist hydraulic supports for the mining industry and the design and production of sophisticated presses for the motor industry. He has also advised employers and contractors alike in relation to PFI and PPP projects relating to schools, police stations and hospitals.
Much of the work undertaken is international and in recent years Stephen has been involved in substantial projects undertaken in Europe, Russia, Hong Kong, Singapore, the Philippines, Korea and the Middle East.
Examples of his recent work include:
o In the much publicised disputes concerning the development of Wembley Stadium Stephen was retained as counsel on behalf of Wembley Stadium. Issues as to both time and quality required to be addressed and to be addressed in the particular context of the construction of a national sports stadium and of the international standards required of such a facility.
o In respect of a prestigious city centre development in Singapore Stephen was recently retained on behalf of a design and build contractor of international repute to advise and subsequently conduct arbitral proceedings in connection with disputes as to the quality of the design and construction. Issues at the heart of the dispute concerned the obligations owed by the contractor to the employer, the scope and extent of the liabilities arising out of the relevant contractual duties, and how and to what extent, liabilities incurred to the employer might be passed on to the professional team retained by the design and build contractor; see also the section under the heading Professional Negligence
o In terms of the retail sector Stephen has advised on contracts for some of the largest retail developments in Europe, involving the consideration of the interests of developers, funders and of the relationship between the underlying construction contracts and the leasing agreements entered into with the individual retailers.
o Within the residential market Stephen has acted for a major international developer in respect of a high value development in Knightsbridge. The central issue was the delayed completion of the development requiring evaluation and analysis of complex factual and contractual disputes, and an understanding of competing methods of delay analyses and the probative value of the relevant critical path
o Within the commercial sector Stephen has been advising in relation to the development of commercial property in Central London to be used by a major financial institution. This involved acting for the developer responding to claims for extensions of time and loss and expense and advisory and drafting work in respect of adjudications. The issues that required to be considered included, how best to evaluate delay claims, the use of differing methods of delay analysis, the satisfaction of contractual requirements and the ambit and effect of compromise agreements.
o Acting in a TCC litigation concerning a contractor’s claim in relation to facilities management services provided at 372 supermarkets over the course of 3 years. The retailer counterclaimed repayment in relation to 11 categories of defective or incomplete works at the same stores, over the same period. The case raised issues of e.g. contractual construction (which were ultimately resolved by the Court of Appeal) and the Court’s jurisdiction to “extrapolate” its findings on the counterclaim as a whole from particulars of a small sample thereof. The matter settled on terms favourable to SRW after preliminary issues and appeal, but before trial of the main action.
Skanska Rashleigh Weatherfoil Ltd v. Somerfield Stores Ltd
o Acting for the successful claimant in the TCC on a case concerning an application by Ringway Infrastructure Services Limited to the TCC for summary judgment to enforce an Adjudicator’s decision that had found Vauxhall Motors Limited liable. The dispute that was referred to the Adjudicator arose out of a contract for the construction of a new vehicle distribution centre at Ellesmere Port, Cheshire where Vauxhall was the Employer and Ringway was the Contractor.
Ringway Infrastructure Service Limited and Vauxhall Motors Limited
Stephen is well regarded in the professional negligence field. He has extensive experience acting for claimants, defendants and their indemnity insurers in relation to claims brought against professionals of all kinds.
o He has recently completed the conduct of an arbitration in Singapore concerning the duties owed by engineers in the design of piled foundations for a substantial city centre office development. The dispute required consideration of professional duties (owed by the professional to a design and build contractor) at tendering and post contract award stages of the project. The professional duties had to be analysed in the context of the particular geological conditions that were to be encountered thereby necessitating not only a detailed understanding of the relevant geological conditions but also how those conditions might be reflected in mechanisms of failure.
Stephen has developed a particular expertise in the above listed sectors. He is regularly instructed both in the United Kingdom and internationally to provide advice on the conduct of major energy related projects and as counsel to conduct proceedings either in the courts or domestic and international arbitration.
Examples of his recent work include:
o The conduct of an international arbitration, through to an interim award, relating to the design and construction of a semi-submersible rig that had been designed and constructed for high volume production for the exploitation of reserves located in deep water. The dispute gave rise to issues of contractual interpretation (limitations of liability), issues as to quality involving a wide range of technical and safety related issues both as to production and control systems and requiring consideration of international standards and classification requirements including USCG, ABS and SOLAS.
o Advising on the proper construction of a contract for the refurbishment of a semi-submersible rig. The dispute requires consideration of obligations as to both time for performance and quality. The issues include the adequacy of the definition of the scope of work that had been contracted to be performed and the allocation of contractual risk for the consequences of any inadequacies.
o Advising on various disputes all arising out of the development of a major oil and gas field in the Middle East, the development of the infrastructure serving the field, the construction of the platforms, the co-ordination and supply of the vessels servicing the platforms and of the vessels laying the pipe-lines connecting both the platforms themselves and the on-shore facilities.
o Acting, through to an award, on an ICC Arbitration relating to the design and construction of a multi-fuel Combined Cycle Power Station. Central issues in the case included compliance with Contractual Performance Requirements and the application of the contractual framework for remedying defects and determining financial compensation. The case involved detailed consideration of multi-fuel combustion technology and of international requirements relating to power generation and grid operation.
o Acting, through to an award, on behalf of the Contractor, in an International Arbitration relating to the design and refurbishment of two off-shore oil and gas platforms. A complex factual back-ground required to be evaluated and presented to the Tribunal in a manageable form in order to address the central issues being responsibility for delayed completion; ad hoc agreements to accelerate and the consequences of unilateral decisions taken by the Contractor to accelerate completion and/or mitigate the effects of accrued delay. The case involved an understanding of the underlying design principles and of the logistics involved both on and off-shore including the technical and safety requirements to be satisfied, pipe-laying and the deployment of DLBs and other vessels. The dispute was to be determined in accordance with the laws of Indonesia.
Stephen has undertaken a significant amount of work in the IT and telecommunications sector including acting on a High Court action relating to PFI project for the introduction and development of a national IT project. This required the review of complex funding arrangements, contractual analysis of termination provisions and understanding of relevant software performance specifications.
Manchester University LLB
Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.