Practice

Simon specialises in the construction and engineering and energy sectors representing contractors, manufacturers, private employers and their professional advisers in all forms of dispute resolution, including both domestic and international arbitration, domestic court litigation, mediation and adjudication.

He also has experience of disputes under PFI agreements in the transport, education and health sectors.

Construction, Engineering and Infrastructure

Simon has broad experience of construction disputes, including delay and disruption claims, variations claims and extensions of time. He is very familiar with Standard Form Contracts (JCT, ICE and ACE) and has recently advised on the DOM/1 form of subcontract. Recent examples of his work in this sector include:

o Advising and acting as Junior Counsel for PC Harrington Contractors Ltd against Multiplex Constructions (UK) Ltd in a substantial dispute arising out of the construction of the New Wembley National Stadium: PC Harrington Contractors Ltd v. Multiplex Constructions (UK) Ltd [2008] BLR 16;

o Appearing as Junior Counsel in Part 8 proceedings in the TCC for declaratory relief in relation to the operation and effect of the liquidated damages and extension of time provisions of the JCT Standard Form of Building Contract 1998 Edition and the impact of partial possession upon those provisions: Liberty Mercian v Dean & Dyball [2009] BLR 29

o Advising and acting as Junior Counsel for Barts and The Royal London NHS Trust in Part 8 proceedings in the Commercial Court seeking declarations in relation to the Trust’s entitlement to use the variations procedure to omit work from a 35 year PFI Agreement. Trial due to take place early 2013.

o Advising and acting for a large Italian contractor in a substantial delay claim involving the construction of a prestige Hotel in Eastern Europe [Ukraine]; He appeared as junior counsel during final substantive hearing and at a number of preliminary hearings. His role also included assisting in the drafting of all statements of case, witness statements, opening and closing submissions and costs submissions.

o Acting as Junior Counsel for a well-known internet electronics retailer in High Court proceedings concerning defects in the construction and design of a distribution warehouse.

o Appearing as Counsel in various trials held in both the TCC and County Court concerning disputes over payment and defects in the works.

o Appearing at a judge-led mediation on behalf of a private individual resisting a claim by a builder in High Court proceedings. His role included making oral opening statement and further submissions during closed sessions with the judge. While the mediation was not successful, the claim was subsequently withdrawn 1 week later.

o Acting for a scaffold subcontractor seeking payment in a final account claim in an adjudication under the HGCRA;

o Acting for an employer in a claim in the TCC for extension of time by a contractor engaged to carry out extensive renovations to a private residence;

o Advising regarding failure to serve withholding notices under the Housing Grant, Construction and Regeneration Act 1996 and on rights arising out of repudiation by a contractor;

o Advising in relation to the Party Wall Act 1996;

o Acting in a number of interlocutory applications in both the County Court and TCC, including applications for strike out, summary judgment and security for costs.

Adjudication

Simon has considerable experience in relation to adjudication and the HGCRA. This experience includes advising upon the enforcement of awards and adjudications under the Act. Recent examples include appearing as Junior Counsel in Part 8 proceedings for pre-emptive declaratory relief in relation to the enforceability of an Adjudication Award in circumstances where the appointment of the Adjudicator preceded service of the Notice of Adjudication: Vision Homes Ltd v Lancsville Constructions Limited [2009] BLR 525.

Simon has also advised on and prepared referral/response documents and conducted adjudications. Examples include advising generally and appearing at an adjudication hearing for a sub-contractor in relation to a multi-million pound dispute arising out of defects in a concrete floor and drafting a notice of adjudication for an electrical sub-contractor seeking payment.

Professional Negligence

Simon has experience of dealing with a variety of professional negligence claims involving a wide range of professional and consultants in the construction engineering sector, including engineers, contractors, architects and surveyors. Examples include a claim against a surveyor for failure to identify subsidence in a building, a claim against an architect regarding the negligent omission of drainage facilities from a residential extension and a claim against a contract administrator for delivery-up of documents and correspondence belonging to his client.

Simon also recently appeared as Junior Counsel in an Appeal to the Privy Council from Trinidad and Tobago concerning the proper interpretation of statutory provisions permitting the recovery of loss in personal injury actions from uninsured persons driving with the consent of an insured driver: The Presidential Insurance Company Limited v Resha St. Hill [2012] UKPC 33.

Energy, Natural Resources and Utilities

During the course of 2012, Simon appeared as Junior Counsel at various interlocutory hearings in the TCC acting for a large Norwegian contractor in a substantial dispute relating to allegations of the unlawful termination of a contract for the dismantling of six North Sea oil rigs. The claim was settled shortly before trial.

Simon has also recently advised in relation to a final account claim concerning the construction of a Hydro scheme in Scotland and has been involved in a number of cases for purchasers and contractors arising out of issues with power stations including experience of a dispute over payment for electricity under a power purchase agreement.

Reported Cases

Vision Homes Ltd v Lancsville Constructions Limited [2009] BLR 525.
Liberty Mercian v Dean & Dyball [2009] BLR 29
PC Harrington Contractors Ltd v. Multiplex Constructions (UK) Ltd [2008] BLR 16

Qualifications and Appointments

2004 Marchant Scholarship – Lincoln’s Inn
2003 Boulter Exhibition – Christ Church College, Oxford University
2004 – 2005 BVC at BPP Law School, Holborn (Very Competent)
2003 – 2004 King’s College London
LLM (Corporate and Commercial Law)
2000 – 2003 Oxford University, Christ Church
BA in Jurisprudence (1st class)

Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.

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