"Hardworking, clear in his advice and good on detail."
Arthur is developing a broad practice in all areas of Chambers’ work, including construction, engineering and infrastructure, energy, information technology, and professional negligence. In addition to led work, he has regularly acted as sole counsel in the Technology and Construction Court.
Arthur has experience at all stages of litigation, adjudication and arbitration, and he has worked with a variety of bespoke and standard form contracts including the FIDIC, JCT, NEC, ACE, and MF/1 forms.
As junior counsel, Arthur is currently being led in a US$2 billion international arbitration concerning the design, procurement and construction of a major airport in the Middle East, as well as two High Court claims relating to domestic construction projects.
As sole counsel, examples of Arthur’s work include acting in the two leading cases interpreting the Court of Appeal’s decision in Bresco v Lonsdale, concerning the interrelationship of the two statutory regimes of adjudication and insolvency: Meadowside Building Developments Ltd (in liquidation) v 12-18 Hill Street Management Company Ltd  EWHC 2651 (TCC) (successfully resisting enforcement on the unprecedented ground that there was a factual question of abuse of process, which could not be determined summarily) and Indigo Projects London Ltd v Razin & Anor  EWHC 1205 (TCC).
Arthur is also a contributing editor of the new Hudson’s Building and Engineering Contracts (14th ed., 2020).
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE
- Currently being led by the Head of Chambers in a £20m dispute concerning a UK abattoir.
- Drafted Particulars of Claim with Rupert Choat in a multi-million pound dispute arising out of the delayed construction of a care home.
- Part of a team of counsel on a major construction international arbitration: see International Arbitration.
- As sole counsel, drafted Defence and Counterclaim in a final account dispute relating to the construction of a boutique jewellery shop.
- As sole counsel, drafted Defence and Counterclaim together with RFI in a defects dispute between a residential homeowner and a contractor.
- As sole counsel, drafted consent order and settled proceedings against a litigant-in-person, at a case management conference in a residential defect dispute.
- As sole counsel, appeared in an application for a preliminary issue hearing in a residential defect dispute.
- As sole counsel, appeared in case management conference dealing with (inter alia) costs budgeting in a residential defects dispute.
- Advised on contractual termination and claims for delayed completion under an agreement for sale of a property.
- Advised on remuneration provisions in an architect’s contract.
- Advised on a payment dispute between a residential homeowner and a contractor.
- Contributing editor of Hudson’s Building and Engineering Contracts (2020).
- Work as a pupil included a wide range of domestic and international work, from UK PFI contracts and cladding disputes to state-investor concession agreements and international energy disputes, covering a variety of legal issues such as conflict of laws and limitation.
- Part of a team of counsel drafting the response to a Defence and Counterclaim valued at over US$2 billion. Individually responsible for producing the first draft of the response to a section spanning several hundred pages with a value in excess of several hundred million dollars.
- As sole counsel, drafted Defence and Contribution Notice in £800,000 multi-party High Court claim concerning sale of property, defects and architects’ certificates.
- Advised on a professional negligence claim concerning an architect’s supervisory work.
- (As a pupil) drafted advice on negligent design involving issues of limitation and applicable law.
- (As a pupil) drafted Reply and Defence to Counterclaim Submissions on behalf of ship owners seeking damages against carriers for stevedores’ negligent operation of a crane.
- As sole counsel, settled Particulars of Claim in £175,000 claim on behalf of a recruitment company.
- Advised on expert determination clause and other related issues arising out of a property sale agreement.
- Advised on Late Payment of Commercial Debts (Interest) Act 1998.
- (As a pupil) drafted Defence in a matter concerning a large contract for the design and build of an FPSO, involving complex interpretive and technical expert issues.
- (As a pupil) drafted advice in a dispute concerning a lease granted for the purpose of developing a biomass plant.
- (As a pupil: insurance-related) drafted advice in a dispute under a judicial review policy, involving challenges to windfarm developments.
INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS
- (As a pupil) drafted advices on effect of termination provisions in lengthy IT services contract.
- (As a pupil) assisted drafting Defence involving sale of software and allegations of negligent and fraudulent misrepresentation.
- Sole counsel in Meadowside Building Developments Ltd (in liquidation) v 12-18 Hill Street Management Company Ltd  EWHC 2651 (TCC), the leading case interpreting the Court of Appeal’s decision in Bresco v Lonsdale. Arthur succeeded on behalf of the Defendant in resisting an adjudication enforcement on the unprecedented ground that the Claimant’s funding arrangement was champertous and so gave rise to a question of abuse of process which could not be determined summarily.
- Sole counsel in Indigo Projects London Ltd v Razin & Anor  EWHC 1205 (TCC), the first case interpreting the Court of Appeal’s decision in Bresco v Lonsdale, in which the enforcing claimant was under a company voluntary arrangement (CVA).
- As sole counsel, successfully enforced an adjudication decision in the Technology and Construction Court and obtained indemnity costs against the resisting party.
- As sole counsel, made a non-party costs order application against the director to a company resisting adjudication enforcement proceedings.
- Drafted court documents required to issue an adjudication enforcement action.
- Work as a pupil covered a range of topics, including jurisdiction (including nomination process), breaches of natural justice, the meaning of construction operations in s. 105 of the HGCRA 1996, hybrid contracts, non-compliance of contracts with s. 108 of the HGCRA 1996, and serial adjudication.
- (As a pupil) drafted advice on governing law in an arbitration concerning insurance of foreign credit risks.
- (As a pupil) drafted advice on coverage dispute concerning timing of damage to a vessel.
- (As a pupil) drafted advice arising out of injuries on a construction site and insurers’ potential subrogation rights where sub-contractor failed to procure co-insurance for main contractor.
QUALIFICATIONS AND AWARDS
||BPTC, City Law School
||Lord Mansfield Scholar, Lincoln’s Inn
Hardwicke Scholar, Lincoln’s Inn
BPTC Scholarship, City Law School
||GDL, City Law School
Contract Law coursework prize, City Law School (an essay on penalty clauses)
GDL moot final (Supreme Court before Lord Mance)
Appeared on behalf of the parents of an excluded child in the Special Educational Needs and Disability Tribunal (part of the First Tier Tribunal), through the School Exclusion Project
Member of City Law School team the Vis Moot (the leading international arbitration moot)
||BA in Classics (Literae Humaniores 1A), University of Oxford, Double First (7th in university)
Hugh Oldham Scholar, Corpus Christi, Oxford
Three Isaiah Berlin prizes, Corpus Christi, Oxford