Cases
Much of the work at Atkin Chambers is not in the public domain and cannot be publicised, however members are frequently involved in leading and landmark cases across various courts and jurisdictions which are matters of public record.
This section provides brief details of recent reported cases on which our barristers have acted. If you would like further information about any of the listed cases, please contact our clerking team.
3 August 2017
The International Chamber of Commerce (ICC) has notified a final award in favour of the Panama Canal Authority (ACP) in one of the disputes arising from the Third Set of Locks project – one of the largest engineering projects in the world. The contractor for the project, Grupo Unidos por el Canal, SA (GUPC), and...Read more
3 August 2017
MT Højgaard A/S (Respondent) v E.ON Climate & Renewables UK Robin Rigg East Limited and another (Appellants) UKSC 59 On appeal from: EWCA Civ 407 JUSTICES: Lord Neuberger (President), Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge Background to the appeal This appeal arises from the fact that the foundation structures of two...Read more
25 July 2017
The Claimants (a well-known adjudicator and his company) claimed statutory interest, statutory fixed late payment charges and debt recovery costs following late payment of adjudicator’s fees by the Defendant contractor, Mr Harding. The claim was made pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (the “1998 Act”) and certain express written terms...Read more
29 June 2017
The defendant project managers sought an order striking out, or alternatively seeking summary judgment in respect of, part of a claim brought against them by the claimant employers. The claimants are seeking almost £2.2 million in damages against the defendants arising out of a project to demolish the claimant’s existing house and build a modern house...Read more
21 June 2017
Important decision considering service of notices under the JCT Standard Form, under s.115(3) of the HGCRA 1996 and under the CPR. Also considers the situation where a party does not respond to an adjudication or to an enforcement claim, and what reasonable steps the referring party may be required to undertake. Instructed by Gordon Dadds LLP...Read more
20 June 2017
Judgment on an application for summary judgement made by the claimant Abbot Investments (North Africa) Limited re: a loan note due for payment for which the Defendant is guarantor. The loan note was part of the consideration from the sale of KCA Tender Barges Pte. Limited to Momentum Far East Pte (sale completed in October 2014). (Instructed...Read more
13 June 2017
The Electricity and Gas (Community Energy Saving Programme) Order 2009 (“the CESP Order”) introduced the Community Energy Saving Programme (“CESP”) requiring generators of electricity to achieve specified energy-saving measures. The Claimant (a generator) engaged the Defendant to provide services for the purposes of the Claimant’s meeting its obligations under the CESP Order. The Claimant ultimately...Read more
25 May 2017
Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor EWCA Civ 373 Judgement has been handed down by the Court of Appeal in the case of Persimmon Homes Limited and Others v Ove Arup & Partners Limited and Another. The case concerned the question of whether an agreement between the parties that “Liability...Read more
24 May 2017
Sutton Housing Partnership Limited and Rydon Maintenance Limited EWCA Civ 359 Steven Walker QC appeared for the Appellant, Sutton Housing Partnership Limited, in an appeal from the Technology and Construction Court concerning the proper construction of the termination provisions in a five-year contract for the provision of repair and maintenance services. Sutton terminated the...Read more
7 April 2017
The Court of Appeal has held that an architect and project manager who supplied her professional services to friends, free of charge and without entering into a contract, nonetheless owed them a duty in tort to exercise reasonable skill and care. (Instructed by Stephenson Harwood LLP) Related barristers: Fiona Parkin QC To view the full judgment please...Read more
19 January 2017
On 19 January 2017, Coulson J gave judgment in the case of South Coast Construction Limited v Iverson Road Limited. The case is likely to have wide ranging implications in respect of the interplay between the Insolvency Act 1986 and enforcement of Adjudicators’ Decisions. The facts are that South Coast Construction was in receipt of...Read more
18 November 2016
The dispute arose out of a contract based on the Manual of Contract Documents for Highways Works to provide highways maintenance services. Related barristers: David Streatfeild-James QC (instructed by Pinsent Masons LLP, Solicitors, Leeds) for the Claimant Martin Bowdery QC, and Frances Pigott (instructed by REN Legal, Solicitors, London EC2) for the Defendant To view the full judgment...Read more
13 October 2016
This is an appeal by a building contractor against a decision that there is no entitlement to interim payments in the period after the contractual date for practical completion. The principal issues are (i) how some rather unusual amendments to the standard form building contract should be construed and (ii) how section 109 of the...Read more
7 October 2016
The case is a $400 million claim by Fluor against ZMPC arising out of the Greater Gabbard Offshore Wind Farm off the southern end of the Suffolk coast in the UK. Related barristers: Andrew White QC and Mark Chennells (instructed by Pinsent Masons LLP) for the Defendant. To view the full judgment please click here. 7...Read more
21 September 2016
The Claimant, LXB, applied for a summary judgment to enforce the decision of the adjudicator, Mr Riches, given on 7 July 2016 that LXB was entitled to payment by the defendant, Squibb, being the balance of the liquidated and ascertained damages. The Defendant sought to stay enforcement on the basis that the Claimant was a special purpose vehicle...Read more
27 July 2016
Martin Bowdery QC acted for the Respondent in the matter of Hastings Borough Council v Manolete Partners Plc UKSC 50. In this matter Hastings Borough Council, used its power under s.78 of the Buildings Act to close a seaside pier, thus preventing access to leisure amenities owned by Stylus Sports Ltd to the public....Read more
27 July 2016
Enforcement of an adjudicator’s award to Ground Developments Ltd, against joint venture entity the Merseylink Civil Contractors JV. Riaz Hussain QC (instructed by Shulmans LLP) for the Claimant. Rupert Choat (instructed by CMS Cameron McKenna LLP) for the Defendants. To view the full judgment please click here....Read more
23 May 2016
Part 8 hearing for declarations in relation to jurisdictional challenges in an ongoing adjudication. The Court considered whether parties to a construction contract had reached a full and final settlement in relation to the final account were disputes arising under the contract and could be referred to adjudication. Edmund Neuberger (instructed by Pinsent Masons LLP)...Read more
28 April 2016
Preliminary issue hearing in a claim arising from the construction of the Rolls Building, home of the TCC, Commercial and other courts. Two preliminary issues were considered relating to the operation of extension of time provisions in a sub-contract and whether certain claims were irrecoverable. Edmund Neuberger (instructed by Reynolds Porter Chamberlain) for the Claimant. To...Read more
17 March 2016
Application to enforce an adjudicator’s decision insofar as it related to the contractor’s debt recovery costs. The Court decided that although those costs had not been specifically referred to in its Notice of Adjudication, the adjudicator had jurisdiction to award the contractor those costs because they were connected with, and ancillary to, the dispute referred...Read more
