“Extremely bright and quickly gets to grips with complex contractual issues.”
Legal 500
She is described as “technically excellent and absolutely diligent in her approach” and is appreciated for “mucking in and making herself available to discuss strategy”. Frances is appreciated for her ability to get to grips with technically complex issues and to present key points in a clear and persuasive manner. She is more than happy taking on the most challenging of cases even at short notice, and has earned her reputation as “a good strategist” who is “very intellectually sound” and “very good at getting to the nub of the problem”. Also valued is her adroit handling of negotiations and mediations, as well as her written and oral advocacy.
Frances was briefed to represent the council in a 16 week trial in the Technology and Construction Court. The dispute arose out of a contract based on the Manual of Contract Documents for Highways Works to provide highways maintenance services, Amey LG Ltd v Cumbria County Council [2016] EWHC 2856 (TCC) and [2016] EWHC 2946 (TCC).
In Bluewater Energy Services BV v Mercon Steel Structures BV [2014] EWHC 2132 (TCC) Frances was briefed to represent a Dutch sub-contractor in a six week trial in the Technology and Construction Court. The dispute arose out of a contract based on the BASIC form, and involved disputes about a tower-based soft yoke mooring system that was constructed to form part of an offshore oil installation in the Caspian Sea.
Frances has appeared in the High Court, Court of Appeal and in international and domestic arbitrations. She has attended mediations and adjudication hearings.
LITIGATION
Frances is an experienced court advocate acting in construction, engineering and infrastructure disputes. Frances acts for clients on disputes under the main standard form contracts including JCT, NEC, FIDIC, IChemE, BASIC and ICE standard forms. She has experience in delay and loss and expense claims, final account and defects disputes, including:
ARBITRATION
Frances’ international and national arbitration experience includes:
ADJUDICATION
Frances has been instructed in a number of adjudications, and her experience includes strategic and procedural advice, drafting, advocacy at meetings with adjudicators and enforcement advice and proceedings. Topics covered include:
Frances has a broad range of experience in the UK energy and renewables sector including:
Frances has wide ranging experience in the UK transport sector:
Frances has been instructed to act in a number of professional negligence claims. Advice has covered issues such as the general principle in tort that loss classed as pure economic is not recoverable, the current position relating to the complex structure theory, the scope of duties of care between the client and the construction professional and whether those duties have been breached, the scope and interpretation of contractual duties owed by construction professionals to first purchasers, funds and tenants, and the liability of construction professionals where there is no enforceable collateral warranty.
Advice has included consideration of limitation periods, whether defects complained of are to be classified as latent or patent and the identification of the date when a cause of action accrued, as well as the position of construction professionals in contribution proceedings. She has been involved in litigation involving issues about the measure of compensable damage, and issues of remoteness, betterment and mitigation.
Frances has been instructed in a number of professional negligence claims involving:
Frances is an associate of the CIArb and a member of the Society of Construction Law and TECBAR.
