Arthur Graham-Dixon

Call 2017

"Hardworking, clear in his advice and good on detail."

A client

Arthur Graham-Dixon joined Atkin Chambers in 2019 following the successful completion of his pupillage. He is developing a broad practice and continues to gain experience in all specialist areas of Chambers’ work including construction, engineering and infrastructure, energy, information technology, and professional negligence. His work has involved bespoke and standard form contracts including JCT, NEC, and FIDIC forms.

During his law conversion, through the School Exclusion Project he represented the parents of an excluded child across three hearings, eventually in the Special Educational Needs and Disability Tribunal (part of the First Tier Tribunal). He appeared before Lord Mance in the Supreme Court in the final of City University’s GDL Moot. He also represented City University in Vienna in the Vis Moot (the leading international arbitration moot).

Since joining Chambers, Arthur has regularly acted as sole counsel in the Technology and Construction Court, including the two leading cases interpreting the Court of Appeal’s decision in Bresco v Lonsdale:

Meadowside Building Developments Ltd (in liquidation) v 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC). 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 factual question of abuse of process which, on account of the Claimant’s refusal to disclose the agreement, could not be determined summarily.
Indigo Projects London Ltd v Razin & Anor [2019] EWHC 1205 (TCC), in which the claimant seeking to enforce an adjudication decision was under a company voluntary arrangement (CVA).

CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE

Recently 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 below.
Recent experience as sole counsel applying for a preliminary issue hearing.
Contributor to the upcoming edition of Hudson’s Building and Engineering Contracts.
Drafted Defence and Counterclaim together with RFI in a defects dispute between a residential homeowner and a contractor.
Advised on contractual termination and claims for delayed completion under an agreement for sale of a property.
Appeared on two occasions as sole counsel in case management conferences in different defects disputes between residential homeowners and contractors.
Advised on a payment dispute between a residential homeowner and a contractor.
(As a pupil) in a matter concerning responsibility for a design flaw, drafted advice, Particulars of Claim and Letter before Claim in preparation for issuing protective proceedings.
(As a pupil) drafted advice on the construction of a contract for the operation and maintenance of an energy facility with a view to Part 8 proceedings.
(As a pupil) assisted drafting of skeleton arguments for the successful defendant to a rare s. 45 Arbitration Act claim arising out of a shipbuilding arbitration dispute: Goodwood Investment Holdings v Thyssenkrupp [2018] EWHC 1056 (Comm).
(As a pupil) drafted Defence in dispute concerning final account and adjudication.
(As a pupil) assisted drafting Reply in heavy arbitration concerning delays in the construction of a rig.
(As a pupil) drafted advice on scope of a compromise agreement concerning extension of time.
(As a pupil) drafted advice on applicability of a re-payment clause in a PFI contract.
(As a pupil) drafted skeletons for initial CMCs in two claims both involving allegations of defective construction necessitating extensive remedial work.
(As a pupil) drafted advice on limitation relating to cladding defects.
(As a pupil) drafted note on proper construction of a state-investor concession agreement concerning offshore construction.
(As a pupil) drafted note on transfer of proceedings and suitability of issues for early disposal by way of summary judgment or preliminary issue trial.
(As a pupil: insurance-related) 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.

ENERGY

(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.

INTERNATIONAL ARBITRATION

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.

PROFESSIONAL NEGLIGENCE

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.

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.

ADJUDICATION

Sole counsel in Meadowside Building Developments Ltd (in liquidation) v 12-18 Hill Street Management Company Ltd [2019] 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 [2019] 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.
Prepared court documents required to issue an adjudication enforcement action.
(As a pupil) assisted Robert Clay in the preparation of a Response, witness statements, and expert reports in a factually complex and heavy adjudication claim worth around half a million pounds.
(As a pupil) drafted skeleton arguments in two other adjudication enforcement claims, one for successful defendant, one for successful claimant, as well as advices in each matter.
(As a pupil) preliminary drafting of skeleton argument for Part 8 hearing concerning jurisdictional issues, for successful respondent.
(As a pupil) various other adjudication-related advices concerning issues of jurisdiction (including nomination process), alleged 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.

GENERAL COMMERCIAL

Recently advised on expert determination clause and other related issues arising out of a property sale agreement.
Advised on the effect of the Late Payment of Commercial Debts (Interest) Act 1998.
(As a pupil) drafted parts of closing submissions in heavy commercial fraud trial, covering rules of attribution and vicarious liability in the context of fraud.
(As a pupil) drafted Amendment to Statement of Defence and Counterclaim in an arbitration concerning fraudulent misrepresentation in the sale of a company.
(As a pupil) drafted Statement of Defence and advice in a sale of goods arbitration concerning port delays and competing cross-claims of repudiation.
(As a pupil) drafted advice in relation to jurisdiction, applying Marzillier [2018] AC 439.
(As a pupil) drafted advice as to the merits of an employer’s claim under a bond after contractor entered administration.

INSURANCE

(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.

QUALIFICATIONS AND AWARDS

2016-2017	BPTC, City Law School
2016-2017	Lord Mansfield Scholar, Lincoln’s Inn Hardwicke Scholar, Lincoln’s Inn BPTC Scholarship, City Law School
2015-2016	GDL, City Law School Contract Law researched coursework prize, City Law School (essay on penalty clauses)
2011-2015	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