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Portrait of Dalton Hale, a Barrister at Atkin Chambers

Dalton Hale


Call 2015

Dalton was a delight to work with: knowledgeable, thorough, proactive and original in approach, he greatly assisted the timely settlement of the case for our clients.


A client

Dalton joined Atkin Chambers in 2017 following successful completion of his pupillage. He is developing a broad practice covering all areas of Chambers’ work, including construction, engineering and infrastructure, energy and utilities, information technology and professional negligence. In addition to these specialist areas, he has experience in a range of general commercial disputes.

During pupillage, Dalton gained experience at all stages of litigation, adjudication and arbitration. He has worked with a variety of bespoke and standard form contracts including the FIDIC, JCT, NEC and ACE forms.

Prior to joining Atkin Chambers, Dalton was a judicial assistant to Lady Justice Arden in the Court of Appeal where he worked on numerous high profile cases spanning a wide range of legal areas including contract, tort, intellectual property, public, EU and human rights law.

CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE

  • Drafting opening submissions and assisting at trial in a TCC case concerning the correct interpretation of an insurance contract following the discovery of numerous substantial defects in a new build property. Further, assisting in the negotiations leading to the settlement of the case.
  • Producing an advice on the interpretation and effect of a contract in a project for the refurbishment, maintenance and demolition of an extensive number of council owned properties.
  • Producing an advice for a contractor in respect of its dispute arising out of a JCT contract with a CDP to refurbish certain premises following fire damage. The potential claim against the contractor was for defective design and/or workmanship of the lift shafts in the property.
  • Producing an advice in a dispute arising out of a project for the conversion of existing offices into a mixed-use development. The contractor sought sums allegedly due under a fixed-sum contract, notwithstanding that such sums exceeded the fixed amount.
  • Drafting a defence in a claim relating to cracked floor tiles in a private renovation, allegedly caused by an underfloor heating system.
  • Producing an advice in relation to an airport project in the Middle East on the question of entitlement to an adjustment of the contract price following changes in local employment legislation.
  • Drafting a defence, response to a Scott Schedule and RFI in a claim against architects for various defects in newly constructed school blocks.
  • Drafting a Particulars of Claim for an extension of time and associated loss and expense under a JCT Design and Build contract relating to the construction of an office block.
  • Producing an advice on the merits in a claim against a mechanical engineer concerning the negligent design of a swing bridge in the Isle of Man.

ENERGY AND UTILITIES

  • Producing an advice on the merits of a claim against a water authority under the Water Industry Act 1991.
  • Drafting a Particulars of Claim in contract and tort in a claim relating to the failure of a water main isolation, causing substantial flood damage.
  • Producing an advice on delay and extensions of time in a project arising out of an EPC contract for an oil processing facility in the Middle East.
  • Drafting a defence in a claim concerning defects in the design and installation of a propane condenser at an industrial LPG plant.
  • Drafting opening and costs submissions in an ICC arbitration in a claim for unpaid amounts relating to the construction of a geothermal power plant. The key issue was whether the contract was a fixed price contract and whether the unpaid invoices represented additional work.

PROFESSIONAL NEGLIGENCE

  • Producing an advice on the merits of a claim against a structural engineer for the failure of a retaining wall.
  • Drafting grounds of appeal and skeleton argument for an application for permission to appeal a TCC decision in a negligence claim against an architect who had allegedly failed to properly design and supervise certain landscaping works in a private development.

ADJUDICATION

  • Producing a skeleton argument for an adjudication enforcement hearing in the TCC in a matter concerning liquidated damages for delay where the claimant’s financial position was in question.
  • Drafting a response and rejoinder in a “smash-and-grab” adjudication for interim payments due under a contract relating to the building of a shipyard “construction hall” for use in the building of superyachts.

GENERAL COMMERCIAL

  • Making an application for summary judgment in a debt claim arising under a credit-car-hire agreement, and defending applications for permission to amend a defence and a strike out.
  • Producing an advice on the expiry of the statutory limitation period relating to claims in contract and tort for the negligent design, supervision and workmanship by architects and contractors.
  • Producing an advice on limitation and party identity issues in relation the construction of a supermarket and two residential blocks.
  • Drafting a skeleton argument and advice on the merits in an appeal from the High Court in a case relating to a breach of warranty under an agreement to assign a receivable.
  • Producing an advice as to whether a financial instrument was an on-demand bond or true guarantee and the jurisdiction of the courts considering the existence of an arbitration agreement.
  • Producing an advice as to the correct applicable law and forum, as well as statutory limitation issues in a case concerning the construction of a bridge in the Isle of Man.
  • Making an application for security for costs in response to a claim for unpaid invoices by a contractor engaged in the redevelopment and refurbishment of a hotel.

OTHER PROFESSIONAL INFORMATION

2015-2016 Judicial Assistant to Lady Justice Arden, Court of Appeal.

2014-2015 BPTC (Very Competent), BPP University.

2014 Lord Denning Scholarship, Lincoln’s Inn.

2014 Hardwicke Scholarship, Lincoln’s Inn.

2014 BPTC Advocacy Award, BPP University.

2013-2014 BCL, Mansfield College, University of Oxford (Conflict of Laws, Unjust Enrichment, Commercial Remedies and Principles of Civil Procedure).

2013 R G Lawson Prize for Competition Law (top in year), University of Manchester.

2010-2013 LLB, University of Manchester (First Class).