James Howells QC Barrister Atkin Chambers

James Howells KC


Silk 2014

“A phenomenal Silk”

“A master of his art, supremely prepared at all times, quick to gain the judge or tribunal’s trust and even quicker to unpick a witness in cross-examination.”


Legal 500 and Chambers UK Bar

James’ practice covers a wide range of technical disputes from construction and engineering, energy and power, shipbuilding and offshore structures, and commercial disputes to telecommunications and IT disputes. James regularly acts in cases relating to domestic and equivalent international PFI/PPP and outsourcing contracting, acting for contractors and private and public employers.

Much of James’ work is international in nature and throughout his career he has advised on disputes in Europe, Africa, the Middle East, Australia and across Asia. James has wide experience in international arbitration (ad hoc as well as major institutional international rules). James represented PTT, the Thai government-owned oil major, before the UK Supreme Court in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, a case that has been the subject of considerable interest in the UK and worldwide. James also acted at all stages of the court, Court of Appeal and House of Lords in Lesotho Highlands Development Authority v Impregilo [2006] 1 AC 221, which remains a leading authority on the Arbitration Act 1996 in the context of international arbitration.

Prior to and since taking Silk, James has been consistently recognised by the legal directories, including the Chambers and Partners (UK, Global and Asia Pacific) guides to the legal profession and The Legal 500, in the fields of construction, international arbitration, information technology and professional negligence. Clients and solicitors regularly praise James for his client focus and approachability, for his strategic and commercial approach and for his persuasive written and oral advocacy.

ENERGY, NATURAL RESOURCES AND UTILITIES

James has experience of both domestic and international disputes regarding oil and gas exploration and exploitation, and regarding power projects (conventional, nuclear and renewable).

Recent case examples include:

DOMESTIC

Advisory and advocacy work in respect of various claims in arbitration under Power Purchase Agreements relating to generation including gas-fired power stations, CHP Plant and Biomass power stations and commercial boilers, including:

  • Advising European design and installation contractor regarding disputes relating to new installations at Grangemouth refinery.
  • Acting for renewable energy company in relation to a dispute arising out of the termination of a lease agreement relating to a development of a biomass power plant in the north of England.
  • Acting for the UK developer/operator of a biomass plant in a dispute relating to Energy Act liabilities for defects in grid cabling affecting commissioning and back-energising of plant in London TCC.
  • Advising UK renewables consultancy on commercial dispute relating to consultancy fees on wind turbine installation upgrades.
  • Advising and acting for design and build contractor of Waste to Energy plant for joint purchasing authority for a group of UK Midlands local authorities, disputes relating to alleged delay and cost overruns/variations relating to design of waste receiving hall, process hall plant installations, fire detection and suppression systems.

INTERNATIONAL

  • Acting for government-owned network power grid company in claims relating to a power purchase agreement in respect of a new combined cycle gas power station following failure of HV network electrical interconnection facility. (MENA)
  • Acting for petrochemical design and build contract JV in LCIA (London seat) disputes under Kuwait Law regarding design and construction of oil pipeline in Kuwait. (Kuwait)
  • Acting for LNG purchaser in anti-suit injunction proceedings in Commercial Court in London relating to claims c.US$14m disputed charges for the delivery of LNG in Pakistan and in ensuing LCIA arbitration. (Pakistan)
  • Acting for Singapore headquartered energy firm in respect of claims for breach of contract against major European oil company in respect of failing to drill committed oil and gas exploration wells in the Philippines under a farm out agreement for ultra-deep water exploratory gas drilling (GAR reported) Mitra v Total. (Philippines)
  • Acting for consortium re: dispute with Thai-based joint venture re: the design and construction of an energy-from-waste plant and wrongful termination by the employer following injunction proceedings in Administrative Court of Thailand by environmental groups to prevent operation of plant. Claims and counterclaims in arbitration in Singapore in relation to termination. (Thailand)
  • Acting for a South-East Asian renewables developer active in Thailand, India and S E Asia in wind farm development in claims for termination loss on repudiation of a manufacturing/supply reservation agreement for onshore wind turbines. Issues relating to Vietnamese development licences and PPAs. Contracts under English law with arbitration in Singapore. (Vietnam)
  • Acting for Scandinavian offshore driller in delay and termination case in 10-week LMAA arbitration in London re: a dynamically positioned harsh environment semi-submersible drilling unit ordered from Korean yard. The reported value at the time of the order was $727 million. Matter value – c.$400 million in pre-delivery instalments, plus accrued interest and claims for compensation re: costs of project. (Korea)
  • Co-Counsel with one of India’s leading advocates acting on quantum stage arbitration in hearings in Singapore and Paris in respect of shareholder claims relating to operation of petrochemical plant in India and management of expansion projects. (India)
  • Advising European/African consortium re: bond calls in respect of alleged delay claims and liquidated damages claims in relation to design and construction of a 200kn gas pipeline in North Africa forming part of a major gas development project. Bonds under UK law, advising and providing KC opinion for use in European courts on English law on injunctive powers to restrain encashment of on-demand bond. (Tunisia)
  • Advising Singapore headquartered energy firm on claims arising from breach of a sale and purchase agreement (SPA) for a participating interest in offshore Vietnam gas block from Japanese oil major. (Vietnam)
  • Acting on a dispute relating to the termination of design and construction contracts for what was at the time the world’s largest biomass power plant, located in South-East Asia. ICC arbitration seated in Singapore. (Thailand)
  • Acting on an ICC arbitration regarding offshore dredging contracts for an Iranian contractor constructing offshore oil and gas facilities under English law and (in relation to bonds) Iranian law in respect of claims and counterclaims valued at US$2.1million. (India)
  • Acting on an ICC Arbitration regarding onshore drilling contracts for UAE employer in Oman against claims for contract fees including demobilisation fee by US drilling contractor and counterclaiming for costs incurred as a result of poor performance and downtime. Claims and counterclaims valued at c.US$2.5million. (Oman)

CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE

James has acted and advised on numerous large-scale domestic construction and engineering project disputes. Recent examples include:

DOMESTIC

  • Acting for various developers in disputes relating to design and construction of Amazon distribution warehouses and facilities in the South of England.
  • Advising residential developers regarding commercial dispute relating to heat outputs in new development on connection to local authority heat distribution system.
  • Acting for airport operator against contractor for new aircraft hangar at Gatwick Airport and in related claims between contractor and sub-contractor in adjudication and enforcement proceedings, Prater Ltd v John Sisk [2021] EWHC 1113 (TCC).
  • Various cases relating to cladding and fire stopping on residential buildings, including acting for project company in relation to the construction of major central London redevelopment project comprising a new build, mixed-use development of apartments, retail and commercial units. Dispute related to design and construction of the external walling and cladding works, including semi-external balconies with concerns arising re: effective fire stopping.
  • Acting for fire consultancy in claims by aerospace company (BAE) against multiple defendants in Birmingham TCC in respect of damage to buildings and MOD Typhoon fighter jet as a result of release of fire suppression foam in test facility. Claims in contract and negligence against designers and installers/commissioners of system. Claims currently valued in excess of £7m. BAE v Edward Dewhurst & others
  • Acting for developer in dispute relating to design and construction of new London Premier League football club stadium and associated local infrastructure and residential developments.
  • Acting for Premier League Football club in disputes relating to refurbishment and development of new stand and associated hotel, apartments and hospitality/events spaces at London ground.
  • Acting for NHS Trust relating to the design and construction of the new major city hospital with recent claims relating to ultra clean brain surgery and paediatric operating theatres.
  • Acting for Amey Birmingham Highways in claims by Birmingham City Council in respect of long-running dispute over c.£300m PFI contract for refurbishment and maintenance of roads in Birmingham. One of the UK’s largest PFI contracts.
  • Acting for Aggregate Industries in claims by Amey valued at c.£200m for works relating to the maintenance and refurbishment of roads in Sheffield. Amey LG Ltd v Aggregate Industries UK Ltd [2019] EWHC 3488 (TCC)
  • Acting in relation to the new set for ITV’s flagship television programme Coronation Street re: defective steelwork resulting in large parts of the newly constructed set having to be demolished and rebuilt leading to increased construction costs and delay.

INTERNATIONAL

  • Acting for contractor in DAB relating to flagship mega-project in respect of claims relating to disruption and delay to large scale time-critical infrastructure project in UAE involving disputed claims to acceleration costs incurred to ensure on-time opening of the project. (UAE)
  • Acting for Indian contractor (Qatar subsidiary) in related arbitrations in Doha in respect of tower and villa residential developments on The Pearl, Doha. (Qatar)
  • Advising contracting JV in claims relating to COVID-19 and variations in relation to design and construction of seawater reverse osmosis desalination plant. (UAE)
  • Acting for KSA owned employer in ICC Arbitration (Dubai) in claims relating to construction of new global headquarters facilities in Dubai (Dubai).
  • Acting for government owned developer in claims relating to the design and construction of subsurface and road infrastructure in new development in Dubai. Claims and counterclaims valued at c.AED700million. Ad hoc arbitration seated in Dubai. (Dubai)
  • Acting for contractor in DIFC Arbitration (DIFC-LCIA arbitration, DIFC law) in respect of the major project to provide pedestrian mall, leisure facilities and Mosque in central Dubai site. Claims and counterclaims exceeding AED250million relating to delays to completion, liquidated damages and claims to additional works and variations. (Dubai)

Other cases include:

  • Acting for major Indian contractor in ad hoc arbitration seated in the Middle East relating to claims in respect of the specialist cladding and fenestration for the new passenger terminal and related buildings at major international airport. (Oman)

Acting for the design and construction joint ventures in claims relating to design of airport pavements at major South-East Asian hub airport in arbitrations in Bangkok. Claims valued at c.US$70Million

INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS

James has wide experience in the IT and Telecommunications’ field acting for suppliers, manufacturers, contractors, and users, including central and local government, in relation to telecommunication systems and computer software and hardware systems.

Examples of his recent work include:

  • Acting for Capita Business Services in Capita Business Services v IBM United Kingdom in Commercial Court actions for mandatory injunctions and expedited Part 8 Claims to prevent IBM and a subcontractor switching off a well-known website for a major outsourcing client serviced by Capita.
  • Acting for Capita Life and Pensions Regulated Services in Capita Life and Pensions Regulated Services v Phoenix Group in Commercial Court disputes relating to services fees and allegations of delay in a IT transformation project relating to closed life insurance book administration systems.
  • Acting for a well-known global media broadcaster in LCIA arbitration in respect of claims and counterclaims relating to project to transform and digitise media archives, renew and construct studios, provide digital studio equipment and introduce new IT systems for archiving, editing and producing news and programmes in different languages.
  • Acting for PTT (Thai oil and petrochemicals major) in claims and counterclaims relating to the termination of a contract to design and an implement integrated commodities trading and vessel charter party management system across Asia and Gulf businesses. Represented PTT at first instance and through each appeal including successful hearing before the Supreme Court in 2020 whose outcome was the subject of considerable interest and speculation in the wider construction, IT, and ship-building industries, in particular regarding the proper interpretation and application of liquidated damages clauses where a contract is terminated after works are delayed but before they are completed and in respect of limitation clauses. Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29.
  • Leading counsel in TCC claims for supplier of electronic products in claims (c.£70m) by BT alleging defective design and supply of network components said to have caused widespread faulting on ADSL broadband services. British Telecommunications v Tii Technologies.
  • Advising cellular mobile network infrastructure company on various commercial disputes relating to historic infrastructure and service contracts.
  • Advising data communications company in respect of a series of contractual disputes with electricity companies and multinational telecommunications company regarding lifecycle technology issues in respect of second-generation Smart Electricity Meters.
  • Acting in LCIA arbitration in claims valued at c.$800m for termination payments on termination of contract to design, build and operate the mobile and online banking system for implementation in a West African state bank.
  • Joint leading counsel for UK-based subsidiary of a major global software and systems contractor in respect of claims valued at c.£700m relating to design, supply, integration and operation of IT system procured under the PFI forming part of new nationwide IT solution for UK NHS care records and hospital management systems.

TRANSPORT

James has advised contractors on disputes arising from rail projects and infrastructures. Cases include:

DOMESTIC

  • Acting on a series of eight linked ICC arbitrations relating to contracts to provide underground railway control, security and communications equipment relating to sub-contracts and sub-sub-contracts related to UK PFI/PPP railway refurbishment and renewal contracts for UK telecommunications and electronic control specialist contractor in claims and counterclaims valued at c.£10million.
  • Acting on an ICC arbitration relating to railway network communications system linking trains, control centres and stations, relating to technical radio and communications system design for railway employer in linked arbitrations between employer/contractor and contractor/sub-contractors in respect of claims to declarations as to meaning and effect of terms under PFI contract and related sub-contracts.

INTERNATIONAL

  • Acting on an ad hoc arbitration relating to the construction of highway from Muscat into interior on behalf of Government of Oman. Contract and arbitration governed by Oman law, (Oman).
  • Leading junior counsel advising and preparation for arbitration of multi-billion dollar disputes relating to the design and construction of the Red Line and Green Line of the Dubai metro system, (Dubai).
  • Advisory work relating to disputes arising in respect of construction of new light railway system in Thailand.

SHIPBUILDING

DOMESTIC

  • Acting in TCC claims in respect of disputes relating to delays in completion and sail away for the refurbishment of a semi-submersible drilling rig arising from structural design errors relating to new accommodation quarters and helideck. Stena Drilling –v- Hertel Services Ltd
  • Acting for UK defence contractor with respect to disputes with sub-contractor relating to design and construction of next generation UK naval vessels.

INTERNATIONAL

  • Instructed for Scandinavian offshore driller in delay and termination case in LMAA arbitration in London re: a dynamically positioned harsh environment semi-submersible drilling unit ordered from Korean yard. The reported value at the time of the order was $727 million. Matter value – c.$400 million in pre-delivery instalments, plus accrued interest and claims for compensation re: costs of project.
  • Acting on an LCIA arbitration for Russian-owned oil company regarding disputes arising from refurbishment and operation of drill ship in respect of offshore wells to be drilled in Gulf of Guinea, (Ghana).
  • Advising European defence contractor in respect of potential international arbitration proceedings arising from design and supply of defence related ship-based systems for naval vessels of South-Asian navy.

QUALIFICATIONS AND AWARDS

University and College Scholar and Prizewinner at University of Cambridge and University of Oxford

1993–1994: BCL Oxon (1st Class) Brasenose College, Oxford

1989–1992: MA Cantab, BA (Hons) (1st Class) Magdalene College, Cambridge

LEGAL TEXTS

James is a contributing editor to Hudson’s Building and Engineering Contracts (12th and 13th Eds)

James was editor of Building Law Reports from 1998 -2000 and from 2005 – 2015

He was editor of Technology and Construction Reports from 2000-2002

RECENT RECOMMENDATIONS

“James is phenomenal. His ability to grasp huge amounts of technical information and to show complete mastery of the detail while keeping sight of the bigger picture is truly outstanding.”
“James is really great. He’s all over the detail, collegiate, very good with the tribunal and very, very good at getting them round to his thought process.”
“James is extremely knowledgeable and is excellent on paper and in his oral submissions and cross-examination. His oral advocacy style is subtle but effective.”
International Arbitration: Construction/Engineering, Chambers UK Bar 2025

“His ability to grasp huge amounts of technical information and show complete mastery of the detail, while at the same time helping to articulate and explain the bigger picture, is truly outstanding.”
Construction: Professional Negligence, Chambers UK Bar 2025

“James Howells is an excellent all-rounder. He has great client care skills.”
“James is very bright and assured. He is a pleasure to deal with and utterly reliable.”
“He is refreshingly easy to work with. He always looks to solve problems and find solutions.”
Construction, Chambers UK Bar 2025

“James is an excellent lawyer who is very bright and strategically astute.”
Construction, The Legal 500 2025

“James is extremely calm under pressure and always seems to have a solution to even the most intractable of problems.”
Energy, The Legal 500 2025

“Always calm and easily creates a rapport with the tribunal. He is able to easily and fluently change tack or approach as matters develop in the course of a trial. He is able to master foreign legal quickly and debate these concepts with senior tribunal members who are well versed in the foreign law in question.”
International Arbitration, The Legal 500 2025

“James is excellent at getting to the heart of a matter and giving straightforward, no-nonsense advice. He is also bold in his merits and does not sit on the fence.”
Professional Negligence, The Legal 500 2025

“James is a highly intelligent and hard-working KC who is always a pleasure to deal with. His legal and strategic analysis is excellent, and his advocacy is considered and persuasive.”
Construction, The Legal 500 2024

“James is very thorough and methodical on large technical disputes, and he explores the evidence in depth before cross-examining witnesses.”
Energy, The Legal 500 2024

“A go-to silk – a brain the size of a planet, always knows the detail and the documents better than anyone else in the room, incisive cross-examination of expert witnesses, whether factual or technical, and a pleasure to work with to boot. James is extremely user-friendly, attentive, responsive and accessible.”
International Arbitration, The Legal 500 2024

“Very bright, strategically astute and provides clear advice. A brilliant tech sector barrister who is user-friendly and top of his game.”
IT and Telecoms, The Legal 500 2024

“A strategist who provides clear, focussed advice.”
Professional Negligence, The Legal 500 2024

“James is extremely hard-working.”
“He has an incredible eye for detail and can see the bigger picture as well.”
International Arbitration: Construction/Engineering, Chambers UK Bar 2024

“James Howells has a wealth of expertise and great client skills coupled with strong commerciality.”
“He’s a super brain. Someone you’d go to if you absolutely want to know the right answer.”
“Clearly a bright guy and a very impressive barrister; he’s very strong in writing.”
Construction, Chambers UK Bar 2024

“James Howells is an extremely talented and hard-working silk.”
“He’s an excellent lawyer.”
Energy & Natural Resources, Chambers UK Bar 2024

“James is phenomenally intelligent. He is also extremely impressive and very commercial.”
“Incredibly focused and dedicated, he never lets you down.”
“He is a very persuasive advocate both written and orally.”
“James has a very calm and measured approach.”
Information Technology, Chambers UK Bar 2024

“James is outstanding – ferociously hard-working with an unbelievable eye for detail while also having an excellent sense of the view from 30,000 feet…”
Construction, Chambers Global 2024

“James is a superb technical lawyer, with excellent knowledge of the relevant case law. James’ pleadings are always drafted with great care, and at a very high standard. In terms of advocacy, James is amongst the best and is extremely well prepared, and able and willing to answer and deal with any issues that arise throughout a hearing. Further, what really sets James apart is his client care, and willingness to spend time with clients.”
Construction, Energy & Infrastructure, The Legal 500 Asia Pacific 2023

“James is part of a new breed of KC who really get their hands dirty. He is a go-to for any complex construction matter and has enormous client and project management skills.”
International Arbitration, Chambers Asia Pacific 2023

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.