Dalton Hale

Construction, Engineering & Infrastructure

Dalton has experience in a range of domestic and international construction, engineering and infrastructure disputes, both in the TCC and in domestic and international arbitrations. Recent work includes:

Cladding and Fire Safety

• Led by Stephanie Barwise KC, as one of three junior construction counsel to the largest group of bereaved families, survivors and former residents in the Grenfell Tower Inquiry.
• Acting for the Employer in its £50m claim concerning defective cladding and other fire safety defects in a substantial student accommodation development.
• Representing a developer in numerous ongoing cladding claims under the Defective Premises Act 1972 and the Building Safety Act 2022.
• 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.

Infrastructure

• As junior counsel, representing a multi-national design subcontractor in a US$300m+ dispute concerning a large-scale metro project in the Middle East. Responsibilities included drafting requests for arbitration, pleadings and provision of advice on contractual interpretation, as well as taking the role of lead junior in a US$10m sub-claim.
• Led by Chantal-Aimée Doerries KC representing the Employer in a £30m+ dispute concerning a PFI rail project in the UK.
• Advising on the interpretation of a CAR insurance policy, including LEG 3, in respect of the longest twin railway tunnels in Scandinavia.

Construction

• As junior counsel, led by James Howells KC, representing a Main Contractor in a AED 1.2 billion delay and disruption claim concerning a major project in the UAE.
• As sole counsel, successfully representing a contractor in an international arbitration concerning the construction of a World Cup Stadium in Qatar. The main issues in dispute concerned delay and disruption to the works, variations and a contractual mechanism concerning steel savings in design.
• Advising and settling pleadings in a £20m TCC claim concerning the construction of a secure warehouse facility in the UK. The central issue in dispute concerns the negligent design of surface water drainage system as well as negligent project management.
• Led by Camille Slow, representing Mansion place at trial in the TCC in Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC), a case concerning the disputed existence of a “gentlemen’s agreement” to forego any entitlement to LADs.
• As sole counsel, successfully representing the Claimant in a three-day trial in the High Court (TCC). The dispute concerned a joint venture agreement to develop land into residential units. It was successfully established at trial that the defendant was in breach of contract by selling the subject properties to a linked company for less than market value.
• Advising in respect of a defective mooring system for a shipyard in Panama, following the failure of that system during coal unloading operations.
• Settling particulars in a rectification and unjust enrichment claim, concerning a major mixed used scheme in London.
• As sole counsel, advising and representing a demolition sub-contractor in a CIMAR arbitration concerning asbestos removal in a demolition and ground remediation sub-contract.
• Advising a main contractor in respect of a prospective professional negligence claim against an architect following the collapse of a retaining wall.
• Advising on the correct interpretation and effect of a retrospectivity clause in multi-million-pound dispute concerning the construction of a domestic shopping centre.
• 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.

Procedural Matters

• In Dandara South East Ltd v Medway Preservation Ltd [2024] EWHC 2318 (Ch), successfully representing Medway in its application to stay proceedings brought in contravention of an expert determination clause. The judgment is understood to be the first that considers the question of whether the doctrine of separability applies to expert determination clauses.
• In Ravestein B.V. v Trant Engineering Ltd [2023] EWHC 11 (TCC), successfully defending an appeal under Section 69 of the Arbitration Act 1996 concerning the jurisdiction of an arbitrator to determine a dispute in the absence of a valid notice of dissatisfaction under the NEC3 Engineering and Construction Subcontract.
• Successfully applying for redactions of witness statements under Practice Direction 57AC in Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC).
• Advising and representing the Sri Lankan Government in respect of a jurisdictional challenge in an international arbitration concerning a major 850-acre development near Colombo. Led by Stephen Dennison KC.
• Successfully representing a UK-based hotel business (employer) in its application to set aside default judgment entered against it in the TCC, allowing the matter to proceed to trial in a dispute concerning defective piling works.