Atkin Chambers - A leading set of commercial barristers

David Barnes

CEO & Director of Clerking

Details

Justin Wilson

Senior Clerk

Details

Rick Bulaitis

Senior Practice Manager

Details

Matthew Ashman

Practice Manager

Details

Overview Expertise Related Insights, Events & Cases

Darryl Royce advises upon, and acts for parties involved in, construction projects.

He specialises in work in the construction, engineering and infrastructure, energy, natural resources and utilities, and shipbuilding fields and deals with related professional negligence matters.

Read more

Darryl has experience as an arbitrator and adjudicator and as a mediator. He is also qualified to undertake Direct Access work. He frequently advises parties involved in the adjudication process. In addition, he is a member of the Western Circuit; TECBAR (the Technology and Construction Bar Association), and the Adjudication Society. Darryl was one of the 12 founder members of the SCL (Society for Construction Law).  

Darryl is the author of ‘Adjudication in Construction Law’ (Informa Law from Routledge) which brings together all the relevant material on the process of adjudication in construction. He is also a contributing editor to ‘Hudson’s Building and Engineering Contracts’ (Sweet & Maxwell) and ‘Knight’s Building Control’ (LexisNexis), as well as being the editor of the Technology & Reports in the Construction Law Journal (Sweet & Maxwell).

Read less

"Always concise, accurate and supported by case law." "Always excellent advice and advocacy."

A Client

Expertise

Construction, Engineering & Infrastructure

Construction

Darryl is instructed in small, medium and large building cases concerning defects and loss and expense claims. Forms of contract dealt with include most JCT forms. Examples of his work include:

  • A US$2 billion international arbitration concerning the design, procurement, and construction of a major airport in the Middle East.
  • Falling cladding from nurses’ residence in London, Gray v. T.P. Bennett & Son [1987] 43 B.L.R. 63; sub. nom. London Hospital Trustee v. T.P. Bennett & Sons 13 Con.L.R. 22).
  • Falling tiles from university buildings in Midlands, University of Warwick v. Sir Robert McAlpine Ltd. [1988] 42 B.L.R. 1.
  • Defects in yoghurt manufacturer’s dairy in Midlands.
  • Defects in pharmaceutical manufacturer’s head office in London.
  • Loss and expense claim on shopping centre on the South Coast.
  • Defects in hotels in England & Wales.
Engineering

Darryl is instructed in civil engineering cases concerning defects, unforeseen physical circumstances (Clause 12) and extra costs claims. Forms of contract dealt with include ICE. and NEC forms. Examples of matters involved include:

  • Clause 12 and extra costs claim on new town development in North of England.
  • Clause 12 and extra costs claim on local authority development in Essex.
  • Clause 12 and extra costs claim on non-governmental organisation development in Wales.
  • Various claims on M6 toll road construction.

Professional Negligence

Darryl acts on a variety of professional negligence cases and has experience of matters concerning architects, engineers, solicitors and surveyors. Example of work, include:

  • Architect’s design for insufficient elbow room for snooker hall of workingmen’s club in North of England (Stormont main Working Men’s Club & Institute Ltd. v. J. Roscoe Milne Partnership [1988] 13 Con.L.R. 127).
  • Structural engineer’s survey of block of flats in North London which moved and was later demolished.
  • Structural engineer’s design of cold store.
  • Structural engineer’s design of sea defences in North Africa.

Energy, Natural Resources & Utilities

Power Generation

Darryl acts in cases concerning defects and extra costs claims. Example of work include:

  • Defects in electrostatic precipitators for power station in India, Babcock Energy Ltd. v. Lodge Sturtevant Ltd. [1994] 41 Con.L.R. 45.
  • ‘Walking time’ costs claim on power station in East Anglia Strachan & Henshaw Ltd. v. Stein Industrie (UK) Ltd. [1996] 63 Con.L.R. 132 & [1997] 63 Con.L.R. 160, CA.
Oil
  • Preparing technical case on defects in refinery in North America with assistance of experts. Advising on potential claims arising out of commissioning dispute.

Shipbuilding, Repair & Conversion

  • Capsize of oil platform accommodation vessel in Morecambe Bay (Hydrocarbons G.B. Ltd. v. Cammel Laird Shipbuilders Ltd (No.1) [1991] 53 B.L.R. 84, (No.2) [1991] 58 B.L.R. 123; 25 Con. L.R. 131).
  • Building of Arctic research vessel.

Adjudication

  • Existence and extent of dispute, Fastrack Contractors Ltd. v. Morrison Construction Ltd. [2000] B.L.R. 168; [2000] 75 Con.L.R.33.
  • Whether more than on dispute is referable, Grovedeck Ltd. v. Capital Demolition Ltd. [2000] B.L.R.181.
  • Proceeding against companies in administration, Straume (U.K.) Ltd. v. Bradlor Developments Ltd. [1999] C.I.L.L. 1520.
  • Restraint of adjudication, Midland Expressway Ltd. v. Carillion Construction Ltd. (No.2) [2005] Con. L.R. 154, and withdrawal of adjudication claim Midland Expressway Ltd. v. Carillion Construction Ltd. (No.3) [2006] B.L.R.325; (2006) 107 Con. L.R. 205.
  • Frequently providing advice to parties involved in adjudication process.
  • Appointed as Adjudicator by TECBAR in respect of the electrification of a main railway line.
  • Appointed as Adjudicator TECBAR regarding refurbishment works being carried out at a large country estate in England.
  • Appointed as Adjudicator by TECBAR concerning the electrical and civil engineering works of a railway traction control distribution system across 29 sites in southern England.
  • Appointed as Adjudicator by TECBAR for dispute over extension of time claim.

Mediation

Qualified mediator with experience.

Performance Bonds

  • Making and resisting calls, Perar B.V. v. General Surety & Guarantee Co. Ltd. [1994] 66 B.L.R. 72; 43 Con.L.R. 110, CA.

Additional Information

Midland Expressway Ltd. v. Carillion Construction Ltd. (No.3) [2006] B.L.R.325; (2006) 107 Con. L.R. 205 (restraint of adjudication).
Midland Expressway Ltd. v. Carillion Construction Ltd. [2006] 107 Con. L.R. 235, CA (meaning of ‘provisional sums’).
Midland Expressway Ltd. v. Carillion Construction Ltd. [2005] 106 Con. L.R. 49 (various claims on M6 toll road contract).
Midland Expressway Ltd. v. Carillion Construction Ltd. (No.2) [2005] 106 Con. L.R. 154 (withdrawal of adjudication claim).
Holding & Management (Solitaire) Ltd. v. Ideal Homes North West Ltd. [2004] 96 Con. L.R. 114 (whether implied terms in lease re quality of materials, workmanship and fitness for habitation).
Cantrell v. Wright & Fuller Ltd. [2003] 91 Con. L.R. 97 (procedure leading to issue of valid final certificate under JCT form).
Fastrack Contractors Ltd. v. Morrison Construction Ltd. [2000] B.L.R. 168; [2000] 75 Con.L.R.33.
Grovedeck Ltd. v. Capital Demolition Ltd. [2000] B.L.R.181.

  • Inn of Court School of Law
  • BA History, University of Bristol

“A lovely guy and a real expert on adjudications”
Construction, The Legal 500

“He has experience as an arbitrator and a mediator”
Construction, The Legal 500

Related Insights

Darryl Royce Barrister Atkin Chambers

2nd edition of Adjudication in Construction Law by Darryl Royce published

The 2nd Edition of ‘Adjudication in Construction Law‘ by Darryl Royce has just been published…

14th edition of Hudson’s Building and Engineering Contracts published

Regarded as a leading textbook on all aspects of the law relating to infrastructure and…

7 November 2019: Steven Walker QC and Darryl Royce to speak at The Adjudication Society’s 18th Annual Conference

Steven Walker QC and Darryl Royce will be speaking at this year’s The Adjudication Society’s…

Darryl Royce Barrister Atkin Chambers

4 April 2019: Darryl Royce speaking at TECBAR Annual Conference 2019

Darryl Royce will give an ‘Adjudication Update’ at the Technology and Construction Bar Association (TECBAR)…

View all related insights

Get in touch

For more information please contact our clerks on
+44 (0)20 7404 0102 or clerks@atkinchambers.com

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)