Atkin Chambers Barristers
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Practice
Marc specialises in the fields of construction, engineering, infrastructure, energy, information technology and professional negligence. He has significant experience of High Court and Appellate litigation, both as junior counsel on large trials and as sole counsel. Marc has built up considerable expertise in drafting pleadings, adjudication enforcement proceedings, preliminary hearings (i.e. applications and CMCs), advising on tactics, settling witness statements and expert reports, as well as fighting trials. Marc’s advocacy is always sensitive to situation and audience, whether in the context of a court hearing, arbitration, mediation, adjudication or simply seeking to persuade through correspondence.
Marc is skilled at assimilating and analysing large amounts of information and documentation. He has a keen eye for legal and technical complexities, while also maintaining a commercial overview and offering practical advice.
He gained invaluable experience in an array of construction and professional negligence issues when he formed part of the legal team defending a claim for some £250 million in relation to the structural engineering works at the new Wembley Stadium. Working closely alongside experts, he refined his appreciation of the engineering, programming and quantum disciplines.
Marc is one of the editors of the Building Law Reports, widely recognised as the leading set of law reports for the construction industry.
Construction, Engineering and Infrastructure
Marc’s experience covers a broad variety of construction, engineering and infrastructure disputes. He has acted for a wide range of contractors, private employers, government departments and local authorities in cases both large and small. His cases frequently concern matters such as the interpretation of standard form contracts, delay, disruption, extensions of time, loss and expense, liquidated damages, interim valuations, final accounts, variations, retention monies, termination, repudiation and defects. He is confident handling cases involving multiple parties.
Marc is accustomed to arbitration disputes, such as advising on the interpretation of arbitration clauses, drafting notices of arbitration and arbitration submissions, or making applications under the Arbitration Act. Marc is also often called upon to advise parties on the suitability of a dispute for adjudication and the enforceability of any award. He has represented parties on many occasions in the adjudication process itself.
(a) Court Work
o Appearing as junior counsel for the MoD in the High Court and Court of Appeal in respect of preliminary legal issues (London & Regional (St George’s Court) Ltd. v. Ministry of Defence & Secretary of State for Defence [2008] EWHC 526; [2009] BLR 20). Marc’s role included assisting in the drafting of statements of case, witness statements, opening submissions, grounds of appeal and skeleton argument for permission to appeal.
o Representing a contractor in a County Court trial concerning the extent of a sub-contractor’s entitlement to payment.
o Representing a contractor in a County Court trial concerning defective work under the JCT Minor Works Contract.
o Appearing for an employer in a County Court trial concerning defective works, which involved questions as to the proper parties to the proceedings and underlying contract.
(b) Advisory and written work
o Drafting particulars of claim and settling witness statements on behalf of a contractor seeking to recover outstanding monies arising from the prolonged suspension of works and termination of a contract.
o Advising a sub-contractor as to the preparation of a claim in respect of unpaid invoices for additional works under an NEC Contract.
o Advising an employer as to the interpretation of the JCT Intermediate Form of Contract.
o Advising and drafting particulars of claim for a homeowner, in respect of defective work by a specialist damp proofing contractor.
o Drafting particulars of claim on behalf of a homeowner, in respect of the defective construction of a new property.
o Drafting a defence and advising an employer on settlement, in a case involving questions of repudiation and health and safety breaches.
o Representing a contractor in a case concerning allegations of repudiatory breach of contract.
o Advising a contractor on the existence of a contract.
o Advising a developer on the management of numerous claims arising out of a major infrastructure project.
o Advising on mechanisms to ensure that retention monies were protected against insolvency.
o Advising on the termination and dispute resolution provisions under an NEC 3 contract.
o Drafting a defence on behalf of an engineer in a multi-party action regarding a nuisance created by the collapse of a wall.
o Advising on and drafting a claim against an architect for negligent design and project management.
(c) Adjudication
o Successfully arguing against summary enforcement of an adjudicator’s award in BSF Consulting Engineers Ltd v. MacDonald Crosbie ([2008] All ER (D) 171).
o Advising a contractor on the existence of a contract in writing for the purpose of commencing an adjudication.
o Advising on whether parties had agreed that an adjudicator’s decision was to be final and binding.
o Advising on whether to commence an adjudication in light of adverse contractual provisions concerning the payment of costs of the adjudication.
Procurement
o Advising on the prospects of seeking an injunction under The Public Contracts Regulations 2006.
o Advising in relation to a Framework Agreement.
Professional Negligence
Having acted for and against a range of professionals (including engineers, architects, surveyors, and project managers), Marc has been involved in some of the largest professional negligence disputes arising from construction projects. Notable examples of Marc’s work include:
o Appearing as junior counsel for the successful Defendant engineer in a five week High Court trial (Galliford Try Construction Ltd. v. Mott MacDonald Ltd. [2008] EWHC 1570). Marc’s role included assisting in preparing for the cross examination of witnesses and drafting opening and closing submissions.
o Drafting a defence on behalf of an architect regarding the design of foundations. Advising on witness statements, expert reports and the potential joinder of an additional party.
o Drafting submissions for an arbitration on behalf of a surveyor, involving questions of subsidence and the proper measure of loss.
o Acting for Mott McDonald Ltd., defending a claim for some £250 million brought by Brookfield Construction (UK) Ltd., formerly Multiplex, in relation to the design of structural engineering works at the new Wembley Stadium. Marc was heavily involved in assembling the voluminous Defence and Counterclaim, working closely with engineering, programming and quantum experts, in addition to preparing notes of advice on specific legal matters.
General Commercial Arbitration
o Advising on the enforceability and proper interpretation of an arbitration clause in a potential international arbitration between Czech and German companies.
Information Technology
o Marc has assisted in the preparation of a multi-million pound arbitral claim on behalf of a major global software and systems contractor, respecting the termination of a nationwide IT solution. He gained a detailed understanding of issues relating to software design and defects, as well as the supply, delay, integration and operation of IT systems.
Legal Texts
Marc is one of the editors of the Building Law Reports
Qualifications and Awards
2005-2006 Churchill Scholarship, Gray’s Inn
2005-2006 LLM, Harvard Law School
2004-2005 BVC, BPP Law School
2004-2005 W. M. Tapp Scholarship, Gonville and Caius College
2004-2005 Bedingfield Scholarship, Gray’s Inn
2001-2004 BA, Gonville and Caius College, Cambridge (1st Class)
Frere Smith Prize for Law, Sir William McNair Prize for Law, Honorary Senior Scholarship
He has a good working knowledge of French
Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.