Atkin Chambers Barristers
Steven specialises in advising and representing parties to complex commercial contracts relating to a wide range of subject matter including the design and delivery of buildings, oil and gas installations, power generation plant, process and engineering plant, ships, IT systems, telecommunications systems, facilities management and professional services.
He has appeared as advocate in the Technology and Construction Court (“the TCC”), the Court of Appeal, numerous arbitrations (including ICC, UNCITRAL, LCIA and LMAA) and adjudications, and in expert determination and mediation. His arbitration experience includes substantial international experience. He is a KLRCA panellist and TECBAR accredited Adjudicator and has been appointed as an Adjudicator on numerous occasions.
“A "very impressive and very clever" advocate, who handles TCC and Court of Appeal cases. He focuses on a diverse range of contractual disputes including those relating to the construction of buildings, oil and gas instillations, and ships.” (Construction, Chambers & Partners 2015).
"Very user-friendly and great at analysing the facts. He's very cool and calm under pressure." (Construction, Chambers & Partners 2015).
"He is responsive, user-friendly, approachable and quite direct in ensuring he does what needs to be done." (Energy & Natural Resources, Chambers & Partners 2015)
Steven is instructed by employers, contractors, sub-contractors, consultants and insurers on all aspects of construction and engineering contracts and claims involving allegations of professional negligence. Recent cases include:
Acting for the contractor in disputes under an NEC Contract relating to the design and construction of an airport runway and navigational aids.
Acting for the employer in disputes under an NEC Contract relating to the design and construction of airport facilities.
Obtaining an injunction under section 44 of the Arbitration Act 1996 to prevent a main contractor from using documents following the purported termination of a subcontract relating to a project in the Middle East
(Seele v Drake & Scull International).
Representing the contractor in a trial in the TCC concerning the lawfulness of the termination of a contract for the design and construction of a LDPE plant
(SABIC v Punj Lloyd  BLR 43).
Representing the main contractor (Lend Lease) in disputes arising under a target cost contract for the construction of military accommodation
(Mi-Space (UK) v Lend Lease  BLR 600).
Acting for subcontractors in proceedings in the TCC concerning the termination of a subcontract for the installation of pressure vessels forming part of a bioethanol plant under construction.
Acting for subcontractors engaged to fabricate offshore platforms for oil production and processing in connection with disputes relating to payment and quality in arbitration in London under the UNCITRAL rules.
Acting for a subcontractor in an application under section 44 of the Arbitration Act 1996 to restrain calls being made on performance bonds provided in respect of a contract for the supply of plant for use in a power generation plant in Brazil
(Doosan Babcock v Comercializadora De Equipos Y Materiales Mabe Limitada  BLR 33).
Deciding on a number of disputes between the principal contractor and an engineering contractor in relation to the expansion of an LNG import terminal. Appointed to act as adjudicator by agreement of the parties. The disputes concerned the alleged existence of variations, the definition of the Works and the correct method of valuation of variations;
Advising and acting for an EPC contractor engaged in the engineering and construction of an onshore plant for the processing of gas from offshore fields. Issues arose as to the operation of the payment provisions of a contract between the EPC contractor and a subcontractor, the assessment of sums due to the subcontractor, the existence and operation of rights of set-off on the part of the EPC contractor and the quantification of sums that might be claimed by way of set-off;
Representing the employer in an expert determination arising from the supply and installation of power generation plant.
Advising the developer of an offshore wind farm in a dispute concerning access to wind and weather data.
Acting for the main contractor in relation to a project for the design and construction of a 65MW £200m biomass power plant. The dispute involved proceedings in the TCC relating to 3 adjudication decisions. There followed 3 arbitration proceedings relating to the specific performance of subcontract obligations.
Advising and representing the owner of an offshore wind farm (Greater Gabbard) in relation to arbitration proceedings under the LCIA rules. The proceedings concerned issues relating to the contractor’s alleged entitlement to additional payment (c.£300m), extensions of time and liquidated damages (c.£90m).
Advising the owner developing an offshore wind farm in relation to issues arising from design modifications to foundation structures.
Steven is instructed by purchasers and suppliers in numerous cases relating to the provision of advanced technology, either on its own or included as part of package of other works and services. His experience includes the following:
Obtaining specific performance of obligations under a contract for the supply of a tram operating system in connection with the extension of the Manchester tram network and representing the employer in relation to disputes arising under that contract
(Transport for Greater Manchester v Thales  EWHC 3717 (TCC) 146 Con LR 194).
Obtaining an interim injunction on behalf of Talaris BV restraining marketing of computer software which was alleged to be in breach of an exclusive distribution agreement
(Talaris BV v Network Controls International  EWHC 2930 (TCC)).
Acting for out-sourcing specialists in relation to disputes arising from a long-term outsourcing contract for the provision of (amongst other things) IT and management systems to a public body. Issues included the availability of injunctive relief to restrain the client from exercising termination provisions.
Doosan Babcock v Comercializadora De Equipos Y Materiales Mabe Limitada  BLR 33 — Injunction to restrain call on bonds — approach to injunctions in cases where beneficiary may be in breach — principle that no party may benefit from its own wrong.
SABIC v Punj Lloyd  BLR 43: Delay — Obligation to carry out works "with due diligence" — Meaning - Implied terms — Whether implied term not to hinder or disrupt — Whether implied term to do all necessary to bring about completion of contract - Exclusion clauses — Limitation clauses — Whether clause limiting aggregate liability of contractor applied to claim for payment under termination provision — Whether claims for lost revenue and interest excluded by clause excluding liability for consequential and indirect loss, expense or damage and for loss of production or profit.
Mi-Space (UK) v Lend Lease  BLR 600: Pre-action disclosure and whether contract contained an agreement to refer disputes to arbitration.
Parkwood Leisure v Laing O’Rourke  BLR 589: Whether collateral warranty amounts to a contract for the carrying out of construction operations within the meaning of the Housing Grants Construction and Regeneration Act.
Transport for Greater Manchester v Thales  146 Con LR 194: Claim for specific performance of obligations.
Transport for Greater Manchester v Thales  BLR 339: Whether reports on performance subject to litigation privilege.
Durham CC v Kendall  BLR 425: Enforcement of adjudicator’s decision — waiver of objection — identity of claimant — whether contract terms in writing.
John Youngs Insurance v Aviva  1 All ER (Comm) 1045: Extent of fiduciary duty owed by a contractor to the employer.
Mouchel v Van Oord (UK)  BLR 492: Claims for costs under the Contribution Act 1978.
Supablast v Story Rail  BLR 211: Enforcement of adjudicator’s decision — whether arguable defence there were 2 contracts.
Speymill v Baskind  BLR 257 (CA): Enforcement of adjudicator’s decision where fraud is alleged.
HS Works v Enterprise  BLR 378: Adjudication — natural justice — multiple adjudications and method of enforcement using set-off.
1989-1992 University of East Anglia, LL.B Hons., First Class
1991 The Observer Mace Mooting Competition, Winner
1993 Hardwicke Scholar
1993 Wolfson Scholar
1993 Called to the Bar of England and Wales
2012 Appointed Queen’s Counsel
He is a member of TECBAR, The Society of Construction Law and the Commercial and Common Law Bar Association
Please contact our senior clerk, Justin Wilson, for further information.