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Portrait of Dalton Hale, a Barrister at Atkin Chambers

Dalton Hale


Call 2015

We wouldn’t hesitate to recommend him. He is one of our go to barristers at Atkin Chambers.


A client

Dalton has been described by clients as “knowledgeable, thorough, proactive and original in approach” and “an effective advocate” with “great attention to detail”. He has a broad practice covering all areas of Chambers’ work, including construction, engineering, infrastructure, energy and utilities and technology.

He frequently acts as sole counsel, as well as junior counsel as part of larger teams. He has represented and advised clients both domestically and internationally and has been instructed on various high-value and technically complex disputes, as well as a number of smaller matters. He has experience at all stages of litigation, arbitration and adjudication.

Dalton is currently acting as junior counsel to the largest group of bereaved families, survivors and former residents in the Grenfell Tower Inquiry. He is also currently instructed in respect of disputes concerning projects in the UK, Middle East and Americas.

CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE

Dalton has experience in a range of construction disputes, both domestically and internationally. Recent work includes:

  • Acting as junior counsel and led by Head of Chambers, in a £30m+ dispute concerning a PFI rail project in the UK.
  • Led by Stephanie Barwise QC, as one of three junior construction counsel to the largest group of bereaved families, survivors and former residents in the Grenfell Tower Inquiry.
  • Acting as junior counsel for a multi-national design subcontractor in a USD $300m+ dispute concerning a large-scale metro project in the Middle East. Responsibilities have included drafting requests for arbitration, pleadings and provision of advice on contractual interpretation, as well as taking the role of lead junior in a USD $10m sub-claim.
  • As sole counsel, successfully representing the claimant in a three-day trial in the High Court (TCC). The dispute concerned a joint venture agreement to develop land into residential units. It was successfully established at trial that the defendant was in breach of contract by selling the subject properties to a linked company, for less than market value.
  • As sole counsel, successfully representing a cladding sub-contractor at trial in respect of its claim against a main contractor for unpaid invoices and defending a counterclaim for defective cladding works.
  • Successfully representing a UK-based hotel business (employer) in its application to set aside default judgment entered against it in the TCC. Currently due to represent the employer at trial in a dispute concerning defective piling works.
  • Advising on the correct interpretation and effect of a retrospectivity clause in multi-million-pound dispute concerning the construction of a domestic shopping centre.
  • Advising and settling a defence and counterclaim in a dispute concerning the defective alteration, refurbishment and fit-out of a private property.
  • Acting as junior counsel 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.
  • Advising in respect of a defective mooring system for a shipyard, following the failure of that system during coal unloading operations.

ENERGY AND UTILITIES

Dalton has developed experience in a number of energy and utilities matters. Notable examples include:

  • Advising an EPC subcontractor in respect of an O&M Agreement concerning a solar energy plant in the Middle East. The issues primarily concerned the correct interpretation of a related financial instrument; the merits of a proposed injunction against a call on the instrument; the international enforceability of any such injunction; and the merits and advisability of termination of the Agreement.
  • Assisting in an ICC arbitration, by drafting opening submissions, cross-examination and costs submissions, in a claim relating to the construction of a geothermal power plant.
  • Settling particulars for a defective works claim concerning the installation of fibre-optic cables in the UK.
  • Advising in a dispute concerning an energy from waste facility in the UK.

TECHNOLOGY

  • Acting as junior counsel in a Commercial Court trial concerning the provision of software for use in commodities trading, specifically in the oil industry.
  • Settling particulars for a claim, and representing the claimant at a CCMC, in a claim concerning the development of two websites, one concerning job seekers and the other social media analytics. Currently listed for trial in March 2021.

ADJUDICATION

Dalton has gained experience in statutory adjudication, including enforcement. Examples include:

  • Successfully representing a contractor in the High Court (TCC), enforcing an adjudication decision against a sub-contractor who resisted enforcement on the grounds of a breach of natural justice.
  • Acting for a high net worth individual, defending a statutory adjudication brought by a development contractor in respect of unpaid third-party invoices on a £40m project for the renovation of an historic estate in the UK.
  • Acting for an employer in an adjudication brought by a structural engineering subcontractor, concerning the cause and liability for delay in a large-scale rail project in the UK following a project manager’s instruction and other concurrent delays.
  • Acting for a building contractor and negotiating a satisfactory settlement concerning an adjudication brought against the employer in respect of unpaid invoices and damages for loss of profits following the contractor’s termination of the agreement.
  • Successfully representing an adjudicator in the recovery of his fees from a party who had withheld payment on the basis of persistent jurisdictional objections.

QUALIFICATIONS AND AWARDS

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).

ADDITIONAL INFORMATION

Dalton is a member of TECBAR, COMBAR and the Society of Construction Law.

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