Arthur Graham-Dixon on John Doyle Construction Limited v Erith Contractors Limited
Cases
This case note by Arthur Graham-Dixon summarises and discusses some of the implications of the recent Court of Appeal judgment […]
10th Jan 2022
"Hardworking, clear in his advice and good on detail."
A client
Arthur has a broad practice in all areas of Chambers’ work and regularly acts as sole counsel in the Technology and Construction Court.
As junior counsel, Arthur has been heavily involved for over three years in a very high-value international arbitration concerning the design, procurement and construction of a major airport in the Middle East (conducting cross-examination at a 42-day trial), alongside various High Court claims relating to domestic construction projects.
As sole counsel, Arthur has successfully advanced and defended multiple adjudication enforcement proceedings. Examples include Meadowside Building Developments Ltd [2019] EWHC 2651 (TCC), in which the other side’s action was successfully resisted on an unprecedented basis (a champertous funding agreement and scope for abuse of process). Meadowside is also a leading and widely published case on the impact of insolvency on enforcement actions, cited with approval by the Supreme Court in Bresco.
Other notable cases as sole counsel include Indigo Projects London Ltd [2019] EWHC 1205 (TCC) (adjudication enforcement and company voluntary arrangements) and Fresh Lime Construction Ltd [2020] EWHC 3734 (TCC) (assignment of right to enforce adjudication decision).
Arthur has experience in a wide range of domestic and international construction work. Recent examples of work include:
Arthur’s experience covers the interrelationship of the insolvency and adjudication regimes, as well as issues of jurisdiction (including nomination process), breaches of natural justice, the meaning of construction operations in s. 105 of the HGCRA 1996, the statutory residential occupier exclusion, hybrid contracts, non-compliance of contracts with s. 108 of the HGCRA 1996, and serial adjudication. Recent examples of work include:
Meadowside Building Developments Ltd (in liquidation) v 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC); [2020] Bus. L.R. 917; [2020] B.L.R. 65; (2019) 186 Con. L.R. 148
Indigo Projects London Ltd v Razin & Anor [2019] EWHC 1205 (TCC); [2019] Bus. L.R. 1957; [2019] B.L.R. 454; (2019) 184 Con. L.R. 251; [2019] B.P.I.R. 861
Fresh Lime Construction Ltd v Seymour Realty Ltd [2020] EWHC 3734 (TCC)
2016-2017
BPTC, City Law School
Lord Mansfield Scholar, Lincoln’s Inn
Hardwicke Scholar, Lincoln’s Inn
BPTC Scholarship, City Law School
2015-2016
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)
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
Arthur is a contributing editor of the new Hudson’s Building and Engineering Contracts (14th ed., 2020).
Arthur is a member of TECBAR, COMBAR and the Society of Construction Law.