The global expertise of Atkin Chambers’ members in construction and energy & natural resources continues to be highlighted in Chambers Global […]
14th Feb 2019
He regularly appears as counsel in English High Court litigation and arbitration, both domestic and international. He also acts as arbitrator, adjudicator and mediator, and in expert determination.
Internationally he has conducted ad hoc, ICC and UNCITRAL arbitrations in Asia-Pacific (Singapore), The Middle East (Dubai, Oman), Central Asia (Kazakhstan), the Caribbean and Europe (Paris, Brussels, Sweden, Switzerland and London) in relation to disputes arising out of projects in Europe, Africa, India, the Middle East, the Caribbean, Central and South-EastAsia.
In addition to this, between 2005 and 2010 he advised and acted for the British government in a number of mediations and trials for DEFRA against contractors arising out of the foot and mouth outbreak and other epidemics. In 2009 he was appointed as Lead Counsel to the Al-Sweady inquiry, the public inquiry called to investigate allegations relating to the unlawful killing and mistreatment of Iraqi detainees by British soldiers at UK bases in 2004. Jonathan was appointed as a deputy high court judge in 2008 and sits regularly in the Technology and Construction Courts.
Jonathan has been recognised for many years as a leader in the field of construction law, including in the most recent editions of the legal directories, Chambers & Partners and The Legal 500.
Throughout his career Jonathan has dealt with the whole range of issues arising in the field including the interpretation of Standard Forms of Contract such as JCT, NEC, FIDIC and ICE, contractors’ claims for loss and expense, defects claims, residential and commercial buildings, housing estates, motorway widening schemes, road construction, town and city redevelopments, bottling plants, shoreline breakwaters, the construction of manufacturing and process plant, mining, the causes and effect of fire, landslips and building collapses, and local authority and central government work.
Jonathan has broad experience of both domestic and international disputes in relation to gas and oil pipelines, power stations and oilrigs. Case examples include:
He has represented, among others, governments and contractors on disputes arising from road and rail projects and infrastructures. Case examples include:
In addition to the specialised areas above, Jonathan is regularly instructed on general commercial disputes. Case examples include:
Jonathan has a great deal of experience in the professional negligence field, acting for claimants, defendants and their indemnity insurers in relation to claims brought against a wide range of professionals to include auditors, valuers, solicitors and construction professionals. He has worked on many high-profile cases including the landmark case Watts v Morrow  WLR 1421 on measure of damages in surveyors’ negligence disputes.
He has advised on a professional negligence action in the Royal Court, Samedi Division, Jersey. The claim concerned liability for refurbishment works which had overrun in time and cost.
From November 2009 he was appointed as Leading Counsel to the Al-Sweady Inquiry (Chairman Sir Thayne Forbes) which was charged by the Secretary of State to investigate and report on allegations of murder and brutality by the British Army of Iraqi Nationals following an ambush on 14th May 2004. Considerable research and investigation had to be done into what was alleged to have occurred. The hearings lasted just over one year: a total of 282 witnesses were called. The Report was published on 17 December 2014.