Atkin Chambers Barristers
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- F:+44 (0)20 7405 7456
Practice
David practises in the fields of construction, engineering, energy and information technology. In addition to these specialist areas he also advises on a range of other commercial matters. David has experience of both pre-action and post-action work as well as all other stages of the litigation and arbitration processes.
During his pupillage and since commencing practice at Atkin Chambers, David has gained experience in a number of areas including those set out below.
Construction, Engineering and Infrastructure
David has recently acted as Junior-Junior Counsel in the reported case of Walter Lilly & Co. Ltd. v. DMW Developments Ltd [2012] EWHC 1773 (TCC), in which Akenhead J made a number of wide-ranging pronouncements on the law relating to global claims, delay and disruption and claims for loss & expense, concurrent design liability and the operation of third-party settlement agreements.
David has also acted as Junior-Junior Counsel in a 3-week trial in the Technology and Construction Court for the Defendant in a dispute involving declaratory proceedings with respect to the alleged unlawful termination of the mechanical and piping contractor on the construction of a biofuels plant, and the claim for an extension of time by the contractor. David acted in all stages throughout from disclosure of documents up to and including appearance in trial, including the preparation and service of witness statements and expert reports, specific disclosure applications and the drafting and amendment of statements of case.
David has acted from the pre-action stage through to in a claim by residential homeowners against building contractors in a claim involving issues of contract formation and corporate and personal liability.
Other experience includes:
(a) Defective Workmanship
o Researching and drafting a note in a claim involving a novel point of construction arising out of Section 1(1) of the Defective Premises Act 1972.
o Drafting a Defence and Counterclaim and Request for Information in a claim relating to a defective cladding and membrane system.
o Advising on the merits and evidential issues relating to claims in contract and tort arising out of defective joinery work at a residential property.
o Amending the Particulars of Claim in a claim against a building contractor involving multiple allegations of misrepresentation and defective workanship.
(b) Delay and Disruption
o Advising on claims in respect of loss and expense following delayed completion of a housing project.
o Advising on the merits of claims against a project manager and structural engineer arising out of the delayed completion of a supermarket.
o Drafting a Reply and Defence to Counterclaim following breach of a Partnering Agreement to provide managed residential services.
o Advising on the construction of the extension of time and loss & expense provisions in the JCT DB 2011 contract.
Professional Negligence
o Drafting the Defence to a claim involving the provision of architectural services in relation to a residential care home.
o Advising on contribution proceedings and limitation issues in a claim arising out of the defective design of a warehouse floor.
o Advising on quantum in relation to a claim against a residential property surveyor.
o Preparing Responses to Requests for Further Information in a claim against a project manager following delays and budget overruns to the construction of a performing arts facility.
Arbitration
o Drafting the skeleton argument for an arbitration hearing concerning the enforcement of a royalties agreement in a telecommunications dispute.
o Drafting Points of Claim for an arbitration claim involving a defectively designed railway.
o Drafting Reply and Defence to Counterclaim arising out of a claim for damages following the refurbishment and operation of an offshore drill ship.
o Advising on evidence in an arbitration claim for wrongful termination of a co-manufacturing agreement.
Other Experience
o Advising on evidence and trial prospects in relation to proceedings concerning the construction of an MRT rail station in Singapore.
o Advising on the construction of a telecommunications contract addressing the recoverability of damages following early termination.
o Advising on the construction of a supply agreement addressing the recoverability of charges incurred under the EU Emissions Trading Scheme.
o Advising on serving proceedings on a number of defendants resident in Austria, Switzerland and Liechtenstein, involving issues of private international law under the Brussels Regulation, the Lugano Convention and the English common law.
o Appearing in various hearings and interim applications:
- Resisting an application for the setting aside of a default judgment (High Wycombe County Court);
- Resisting a personal bankruptcy petition (Central London County Court).
o David has marshalled two High Court Judges:
- Mr Justice Akenhead (TCC): January 2011
- Mr Justice Ramsey (TCC): January 2011
David has experience of bespoke and standard form contracts in the construction, shipping and energy industries and is familiar with the JCT and NEC contract forms.
Reported Cases
Walter Lilly & Company Limited v. (1) Giles Mackay & (2) DMW Developments Limited [2012] EWHC 1773 (TCC)
Publications
“Defective Premises Law: Time For Remedial Works?” published by the Society of Construction Law, June 2011; (2012) 2 Construction Law Journal 131.
Qualifications and Awards
2011: Hudson Prize, Society of Construction Law, Joint Prize-winner
2010: Called to the Bar of England and Wales
2009-2010: BVC, City Law School, London - Outstanding
Astbury Scholarship, Middle Temple
2008-2009: Bachelor of Civil Law, St Peter’s College, Oxford University
2005-2008: BA (Jurisprudence), Mansfield College, Oxford University
BCL – Distinction
Finals – 1st Class
Law Moderations - Distinction
College Scholarship (Mansfield College)
Memberships
Technology and Construction Bar Association
Commercial Bar Association
Society of Construction Law
Middle Temple
For further information please contact one of the Senior Clerks, Simon Slattery on sslattery@atkinchambers.com or Justin Wilson on jwilson@atkinchambers.com.