David Streatfeild-James KC

David is regularly instructed to provide advice relating to the conduct of major energy-related projects including on and offshore fabrications, FPSOs, jack-up rigs, platforms, pipelines, power and renewables including wind, nuclear and carbon capture schemes, and water treatment and waste plants.

Recent examples include:

• Acting for MT Hojgaard AS in MT Hojgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd & Anor [2017] UKSC 59 in the UK Supreme Court in 2017. The case concerned the failure of offshore wind farm foundations due to international design code failure. The case was extremely high-profile in offshore industry as well as the legal sector in regard to the design liability issues it examined.
• Acting for the defendant, Hitachi Zosen Inova AG, in the TCC in Interserve Construction Ltd v Hitachi Zosen Inova AG [2017] EWHC 2633 (TCC) in a case concerning a waste-to-energy plant in Hartlebury, Worcestershire.
• Acting for a Korean contractor in an ICC arbitration arising from a turnkey engineering, procurement and construction contract.
• Acting in respect of a gas and steam turbine power plant in the Middle East.
• Advising an employer under an NEC3 contract for the design, procurement, construction, delivery and commissioning of a boiler park at a nuclear licensed site. The project is a key part of the decommissioning process at the nuclear facility.
• Advising in relation to disputes arising during the course of the construction of a new GGCT power station by an international engineering contractor, in particular in relation to ground condition risk, liability for industrial relations disputes and claims for prolongation, variations, delay and disruption.
• Acting for the owner in an international arbitration hearing in London under LCIA rules concerning the construction of an oil and gas platform in the Far East. Issues in respect of design and engineering, weight growth, miscellaneous variations and the valuation of loss caused by deferred production.
• Advising engineer/contractor regarding the construction of two thermal hydrolysis plants. Instructed in respect of claims brought by energy companies arising from alleged failure to provide and deliver the required volume of qualifying services which would generate Community Energy Saving Programme Points pursuant to The Electricity and Gas (Community Energy Saving Programme) Order 2009; an obligation for reducing carbon emissions in domestic properties.
• Advising claimant regarding a civil engineering building works for a new waste-to-energy treatment facility in the UK. The contract is based on the Yellow FIDIC Book.
• In the Technology and Construction Court acting for claimant providing engineering, construction management and procurement services to the mining industry regarding the mining of phosphate deposits in West Africa.

Many of the matters David advises and acts upon are governed by the rules of arbitration, administered by bodies including LCIA, ICC, SIAC and ad hoc rules.

• Appointed as leader on counsel team of seven, acting for a major IT company in an ultra-high value dispute (claims in excess of £1 billion) against the UK Government relating to a software system that culminated in an 82 day arbitration, involving the cross-examination of over 80 professional and lay witnesses.
• Acting in an ICC arbitration (Singapore seat) regarding the manufacture of plant and machinery for the making of seamless metal tubes in a brownfield project dispute arising out of the upgrade of a plant in India.
• Acting for a Korean contractor in an ICC arbitration dispute between an engineering and construction company, and a power company in relation to a gas and oil-fired combined cycle electric generation plant in Jordan.
• Acting in LCIA arbitration concerning the world’s largest offshore wind farm in construction, involving the installation by a joint venture of 140 3.6 MW wind turbines located around two sand banks off the UK coast.
• Acting for the owner in an international arbitration hearing in London under LCIA rules concerning the construction of an oil and gas platform in the Far East. Issues in respect of design and engineering, weight growth, miscellaneous variations and the valuation of loss caused by deferred production.
• Acting on behalf of a foreign government in respect of a multi-million-pound ICC arbitration regarding a tube tunnel and commuter rail mass transit system.

David has extensive experience of acting for employers, contractors, sub-contractors and consultants both domestically and internationally, and has acted in connection with projects all over the world. His experience includes disputes on most standard forms, in relation to a wide range of projects, including hospitals, shopping arcades, large scale residential and mixed-use developments, roads, tunnels, bridges, railways, docks, jetties and other infrastructure. More recent examples include:

• Acting for Connect Plus (M25) Limited (a joint venture between Balfour Beatty, Skanska, Atkins and Egis) in a £100 million dispute in the TCC arising out of payment provisions in £6 billion 30-year PFI DBFO Contract for operation of the M25 motorway, Connect Plus (M25) Ltd v Highways England Company Ltd [2018] EWHC 140 (TCC).
• Representing contractor in multi-million-pound PFI dispute concerning claims of defective highway works against local authority. A 16-week trial from January 2016 in the Manchester Technology & Construction Court.
• Led a multiple counsel team in the London Technology & Construction Court regarding a project agreement between a city council and a contractor in respect of PFI works relating to the rehabilitation, maintenance, management and operation of the roads and street lightning in that city. Issues principally regarding payment deductions levied for allegedly defective works.
• Acting for state-owned corporation in an ICC arbitration regarding major infrastructure works package in a Middle East mixed-use development.
• Lead counsel on claim brought in the Technology and Construction Court regarding design and works in respect of a city centre guided travel system.
• Advising main contractor on a project governed by a JCT contract and contractual performance issues on a city centre tower.

David has significant experience of disputes concerning technology of a number of kinds and has acted in relation to computer hardware/software disputes as well as in connection with different sorts of communication systems, control systems and building management systems. Experience includes the following:

• Appointed as leader on counsel team of seven, acting for a major IT company in an ultra-high value dispute (claims in excess of £1billion) against the UK Government relating to a software system that culminated in an 82-day arbitration, involving cross examination of over 80 professional and lay witnesses.
• Acting for the defendant in an IT contract dispute in a claim for damages totalling approximately £186 million against The Secretary of State.
• Advising on a possible judicial review of a marine licence for the installation of a subsea fibre optic cable.
• Advising on a dispute with the UK Ministry of Justice in respect of a failure to deliver agreed milestones and of a breach of contract concerning the provision of services in respect of the Criminal Justice Systems Exchange.

Whilst the majority of David’s practice encompasses counsel appointments, he also accepts arbitral appointments (party nominated and chair) and has recently been appointed under LCIA, ICC and ad hoc rules. The subject matters covered include construction and engineering, IT, shipbuilding, energy, professional negligence and more general commercial disputes.

Subject to confidentiality sensitivities, further information and specific case examples can be provided upon request.

David is an accredited TECBAR arbitrator and DRB member.

“David completely masters the case he is engaged on. He drills into the finest of detail of the facts and technical analysis and then produces the most robust legal submission. He brings that mastery of the detail to his oral advocacy where he demands the attention of the tribunal and extracts effortlessly what is needed from the opponent’s witnesses and experts.”

Construction, Energy and Infrastructure, The Legal 500 Asia Pacific 2023

“His brain is just phenomenal and he’s a very down-to-earth guy who is easy to deal with.”

“He’s a first-rate KC who is quick to grasp the issue and very accessible and pleasant to deal with.”

“He’s extremely bright, so where there are tricky issues of law he would be our go-to for advice and representation.”

Construction, Chambers UK Bar 2023

“A top of the tree advocate.”

Energy & Natural Resources, Chambers UK Bar 2023

David remains a powerhouse among his peers and a true heavyweight that we would go to for significant disputes.”

“Clients like his approach to looking at things. He cuts through external noise and gets to the important things.”

“He’s scarily brilliant.”

International Arbitration: Chambers UK Bar 2023

“David is calm, reassuring and insightful. He invariably has the full confidence of the client.”

Information Technology, Chambers UK Bar 2023

David remains a powerhouse among his peers and a true heavyweight that we would go to for significant disputes.”

“Clients like his approach to looking at things. He cuts through external noise and gets to the important things.”
“He’s scarily brilliant.”

International Arbitration: Chambers UK Bar 2023

David was calm, reassuring and insightful.”

“He has an excellent manner with clients.”

Professional Negligence: Technology & Construction, Chambers UK Bar 2023

“David Streatfeild-James is absolutely brilliant. I see him as one of the top names in Asia, where he has definitely been out a lot.”

“David Streatfeild-James KC was very creative in finding a solution to some complex legal issues.”

International Arbitration, Chambers Asia Pacific 2023

“David’s advocacy is excellent; he knows how to persuade tribunals and is very effective. Phenomenal grasp of the detail and outstanding on his feet. He is a good leader who is not averse to rolling his sleeves up.”

Construction, The Legal 500 2023

Smart and focused, he is the most able of the construction Bar, he knows how to persuade tribunals.’

Energy, The Legal 500 2023

“David is calm, reassuring and insightful. He invariably has the full confidence of the client.”

Information Technology, Chambers UK Bar 2023

“David well deserves his reputation. He has a profound ability to take a substantial, complex construction case, and bring a unique, often case-winning approach to how the case should be presented and argued. He is a brilliant advocate, and a master of cross examination.”

Middle East: Construction, The Legal 500 2023

“His advocacy is excellent and his strengths are well-known.”

Construction, Energy and Infrastructure, The Legal 500 Asia Pacific 2022

“He is the brain of the Bar! He has the most brilliant legal mind I have come across in the construction field.”

“He has a really brilliant mind for getting into and interpreting contracts.”

Construction, Chambers UK Bar 2022

“He is highly intelligent and very good at getting to the nub of an issue and explaining complex points in a way that the tribunal will understand.”

“He is a very good cross-examiner.”

“He is very practical and gives clear and concise advice.”

Energy & Natural Resources, Chambers UK Bar 2022

“A very good, very well-respected barrister who would be a go-to on any matter requiring a big-picture view of a case.”

Professional Negligence, Chambers UK Bar 2022

“He’s a very good performer in court, he delivers very good submissions and he works really hard.”

“He has an immense ability to get on top of the detail very quickly, and he’s prepared to think about strategies that are different.”

Information Technology, Chambers UK Bar 2022

“David is extraordinarily clever and commercially astute.”

“He is one of the leading practitioners in this field.”

“He is a well-known advocate.”

International Arbitration, Chambers Asia-Pacific 2022 and Chambers Global 2022

“Without question one of the very top London-based silks specializing in the energy, construction and infrastructure sectors, he is unrivalled in his ability to find a way through the most difficult cases.”

Energy, The Legal 500 2022

“David is a highly experienced construction and international arbitration specialist. He understands the construction industry well, and he is able to listen carefully to the client’s needs and then get to the heart of the matter.”

Construction, The Legal 500 2022

“His drafting is concise and packs a punch, and his advocacy is careful, measured and reflective of his deep understanding of the issues.”

Middle East, Construction, The Legal 500 2022

“Without question, one of the very top London-based silks specializing in the energy/construction/infrastructure sectors, and a first choice for any bet the company dispute in those areas.”

International Arbitration, The Legal 500 2022

“He has an impressive capacity to master the issues of law and complex pertinent facts.”

Construction, Energy and Infrastructure, The Legal 500 Asia Pacific 2021

“One of the brightest barristers in the construction field.” “He is an all-round excellent advocate, and is extremely good at arguing contract interpretation and cross-examination.”

International Arbitration, Chambers & Partners UK Bar 2021

“A brilliant tactician and advocate who is incredibly hard-working and a real leader in this field.” “Very bright and very hands-on.”

Professional Negligence, Chambers & Partners UK Bar 2021

“David has the ability to cut through with a minimal level of verbiage. He can really hit the nail on the head and get to the heart of the matter.” “His style is understated and incredibly measured. He commands the attention of both the tribunal and the other party.”

Energy, Chambers & Partners UK Bar 2021

“If you have a difficult case which requires real brain power, then David is one of the top barristers in the country.”

Construction, Chambers & Partners UK Bar 2021

“Extremely bright.”

“A fabulous cross-examiner and great strategic brain, with an immense capacity for detail.”

Information Technology, Chambers & Partners UK Bar 2021

“One of those barristers we go to for the more difficult cases,” “particularly skilled at complex, project- related disputes” because “the attention to detail they require is well suited to his temperament and skills.” “I don’t think I have ever worked with a KC who is as consistently good as him, and certainly none who is better.”

International Arbitration, Chambers Asia-Pacific 2021

“He is a very good advocate with great skills in cross-examination.”

IT and Telecoms, The Legal 500 2021

“He is effortlessly brilliant.”

Professional Negligence, The Legal 500 2021

“A true specialist, his advocacy reflects his style of analysis: precise, efficient, incredibly structured and effective.”

Energy, The Legal 500 2021

“David is one of the finest advocates in the construction Bar. He is perhaps unmatched on a good day.”

Construction, The Legal 500 2021

“An extraordinary ability to reduce the complex (factual and legal) issues to a simple expression of the main point, I am yet to find a factual matrix that he couldn’t master – as an instructing solicitor, he is very accessible and a delight to work with.”

International Arbitration, The Legal 500 2021

The above are a selection of recent client endorsements from the leading legal directories, both UK and internationally. For a complete list of endorsements, please contact the practice management team at Atkin Chambers.