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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 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 Panama and Saudi Arabia.

In his first year of practice, Dalton undertook a 5-month secondment at a US law firm, where he became part of the complex commercial litigation team and gained experience in international arbitration. Prior to joining Atkin Chambers, Dalton was the Judicial Assistant to Lady Justice Arden (as she then was) 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

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

  • Acting as junior counsel in a dispute arising out of an early PFI project in the transport sector.
  • Acting as junior counsel for a multi-national design subcontractor in a 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 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 representing the employer in 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.
  • As sole counsel, advising and settling Particulars of Claim in a dispute concerning a joint venture agreement to develop land into residential units. Currently due to represent one of the JV partners at trial.

ENERGY AND UTILITIES

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

  • Advising an EPC subcontractor in respect of an Operation and Maintenance Agreement in respect of a solar energy plant in the Middle East. The issues primarily concerned the correct interpretation of a related financial instrument, as either a guarantee or performance bond; 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 and costs submissions, in a claim for unpaid invoices 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.

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.

ADJUDICATION

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

  • 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

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).

OTHER PROFESSIONAL INFORMATION

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