3PB

Construction and engineering; Commercial; Property and Estates.

Overview

Seb Oram is a Commercial and Construction Law barrister. He is recommended counsel in Who’s Who Legal 2023, Chambers UK 2023 and Legal 500 2023.

Seb advises parties on resolving commercial disputes, particularly for clients in the construction and property sectors. He represents them in the Courts of England and Wales, and in international arbitrations. He is a member of the organising committee of the UK chapter of the Spanish and Latin American Arbitration Society (el Club Español e Iberoamericano del Arbitraje).

Typical areas in which he receives instructions include:

Construction

International Arbitration (particularly with Spanish-speaking elements) Professional negligence (including architects, designers, engineers, M&E and project managers) Bringing and defending construction claims Dangerous structures and defective premises Payment and final account claims Adjudications and their enforcement Advice and disputes under the all common-form contract suites (e.g., JCT, NEC IMechE, RIBA, FIDIC)

Commercial

Professional negligence (including lawyers, insurance brokers, finance professionals, and directors’ duties) Insolvency (personal and corporate) Insurance disputes Company and partnership disputes Breach of trust and tracing claims Sale of goods and financing agreements Commercial disputes and joint ventures Arbitration.

Property and Estates

Disputes about land (including contracts for sale, new-build developments, land registration and unregistered land) Mortgages and receivership Landlord and tenant (particularly commercial leases and renewals; and private sector residential tenancies).

After reading law at Trinity Hall, Cambridge, Seb completed an LL.M. (by research) at the University of Bristol, investigating the impact of European Community law on the investment practices of institutional investors.

Outside of Law, Seb is a trustee of ‘Community, Housing and Therapy’, a charity providing housing, support and therapeutic care for those experiencing long-term mental health difficulties. He is also a trustee of ‘Compass Learning Partnership’, an educational trust that runs two schools in Brent, for children and young people with complex needs and disabilities.

Publications and lectures

Journal of Professional Negligence: book reviews of Patten QC and Saunders, Professional Negligence in Construction (2nd ed) (Vol. 36, No. 1, 2020); and of Flenley QC and Leech QC, The Law of Solicitors’ Liabilities (4th ed.) (Vol. 37, No. 3, 2021) Former contributing author to the Royal Institute of Chartered Surveyors’ ISurv platform (chapters on “Regulated Public Procurement in the UK”, and on the 2011 amendments to the JCT Intermediate contracts). “Extensions of Time and Damages for Delay - Recent Developments” Paper D148 presented to the Society of Construction Law (October 2012) “Professional negligence liability for the gratuitous performance of services”. Paper delivered to the Annual Conference of the Professional Negligence Lawyers Association (November 2016). “Forfeiture of fiduciary remuneration following breach of duty: from contract to conscience” [2010] Lloyd's Maritime and Commercial Law Quarterly 95. Construction and engineering

Seb Oram regularly advises and acts in relation to construction disputes, and routinely deals with disputes arising under the common-form contract suites (such as JCT, NEC IMechE, RIBA and FIDIC). A large part of his practice concerns professional negligence in the construction and engineering context.

In each of his practice areas he represents parties in arbitration, and in the Business and Property Courts of England and Wales. He is a fluent Spanish speaker and will act, in particular, for clients in international arbitration, in disputes involving a Spanish-speaking element under all major institutional rules.

He also acts in adjudications under the 1996 Act and in the enforcement of adjudicator awards.

He is a member of the Society of Construction Law, the Technology and Construction Bar Association and a member of UK organising committee of the Spanish and Latin American Arbitration Society.

Recent cases

ICC arbitration of a termination dispute and multi-million Euro claim for consequential losses, relating to a bioenergy power plant (ICC arbitration, ongoing). Damages claim under an international engineering contract for the manufacture, supply and delivery of railway stock (2022). Sub-contractor’s multi-million US dollar claim for delay and disruption damages, on a regional infrastructure project to upgrade the electricity distribution network of the Bangalore metropolitan area, India (TCC, 2019-2021). Payment and defects claim under a framework contract for telecommunications network installations in the north of England (TCC, 2022). Professional negligence claim against mechanical systems designers, relating to the adequacy of a sub-floor heating system for a listed building (TCC, 2022). Professional negligence claim against structural engineers, relating to the design of a cladding frame for a major, regional shopping centre (TCC, ongoing).

Noteworthy and recent cases (Technology / Construction)

Readie Construction Ltd v Geo Quarries Ltd [2021] EWHC 3030, [2022] T.C.L.R. 1 (QBD) The availability of claims for the price of defective goods, under the Sale of Goods Act 1979, s.49, and the effect of ‘no set-off’ clauses. Deluxe Property Holdings Ltd v SCL Construction Ltd [2020] EWHC 3354 (TCC) Claims for proprietary relief in respect of VAT mistakenly overpaid to a contractor under a construction contract. Lejonvarn v Burgess (No.2) [2020] EWCA Civ 114, [2020] 4 All ER 461, [2020] 4 WLR 43, [2020] BLR 187, [2020] Costs LR 45 (CA) Professional negligence claim against architect; costs orders. Burgess v. Lejonvarn [2017] EWCA Civ 254, 171 ConLR 118 (CA); [2018] 181 ConLR 204 (TCC) Professional negligence claim against architect; assumption of responsibility in tort for design and project management services provided gratuitously. Ziggurat (Claremont Place) LLP v HCC International Insurance Co plc [2017] EWHC 3286 (TCC), (2017) 176 ConLR 161 (TCC) Explored the wording of the industry-standard contractor’s bond, and the insurer’s liability under it on the contractor’s insolvency. Seeney v. Gleeson Developments Ltd [2015] EWHC 3244 (TCC), [2015] All ER (D) 143 (Nov) Residential homebuyers’ claim against national housebuilder, arising out of design and construction defects in a new-build home. West 3 Mechanical Contractors Ltd v Mizen Design Build Ltd [2014] All ER (D) 40 (TCC) Defence of contractor’s claim for payment, centring on defective installation of gas installation pipework. Hunt and Ors v. Optima (Cambridge) Ltd and Anor [2013] EWHC 681 (TCC), (2013) 148 ConLR 27 (TCC) Defects and tenants’ repair claim arising out of the development of 26 new-build properties. JGD Construction Ltd v. Mills [2013] EWHC 572 (Ch), [2013] BPIR 811 Appeal considering the extent to which the court has a discretion to make a final third party debt order, notwithstanding the fact that the judgment debtor has entered formal insolvency proceedings. Commercial

Seb's commercial practice focuses on professional negligence, insolvency and business entities (Company Law, LLPs and joint ventures). A significant proportion of the matters in which he acts raise questions of conflicts between international jurisdictions.

In the field of professional negligence, his experience in the Commercial sphere extends to claims against lawyers, insurance brokers, finance professionals, and company directors. He is frequently instructed in claims arising from the misconduct of litigation. He also prosecutes and defends claims for breach of directors’ duties, including derivative claims under the Companies Act 2006.

In each of his practice areas he represents parties in arbitration, the High Court and the County Court.

Recent cases

Advising the seller under an international share sale contract, in a dispute relating to title and payment for a multi-million dollar holding in a Dubai company (ongoing) Acting for the issuer of a €250 million issue of secured exchangeable bonds, in a default claim brought by the Security Trustee (2022; Commercial Court) Claim for contractual commission by the distributor of financial products, against the arranger and promoter of a $50m programme of Senior Loan Notes and mini-bonds (2021; Commercial List) Defending an assigned liquidator’s claim against a director, alleging breaches of fiduciary duty arising out of the implementation of a remuneration trust tax scheme (2021) Buyer’s claim against manufacturer, for breach of warranties of quality and description of bulk consumer goods sold under a contract for international sale (2019; Commercial Court) Professional negligence claims against financial (tax) advisors, arising from ‘film scheme’ income tax mitigation advice (2018; Queen’s Bench)

Recent cases (Commercial):

Readie Construction Ltd v Geo Quarries Ltd [2021] EWHC 3030, [2022] T.C.L.R. 1 (QBD) The availability of claims for the price of defective goods, under the Sale of Goods Act 1979, s.49, and the effect of ‘no set-off’ clauses. ADL Advanced Contractors Ltd v Patel [2021] EWHC 2200 (Comm) The effect of a release of one joint guarantor, on the liability of the other guarantor. Deluxe Property Holdings Ltd v SCL Construction Ltd [2020] EWHC 3354 (TCC) Claims for proprietary relief and in unjust enrichment, in respect of mistakenly overpaid VAT Davy v. Pickering [2017] EWCA Civ 30; [2017] 2 BCLC 260, The Times, 2017, 8 March The discretion to make directions under s.1032 of the Companies Act 2006, including provision back-dating the deemed date of presentation of a winding up petition. Dawson v. Bell [2016] EWCA Civ 96; [2016] 2 BCLC 59 Damages for economic duress / tort of intimidation, arising out of the execution of a shareholders’ agreement. Green (as liquidator of Al Fayhaa Mass Media Limited) v. El-Tai [2015] BPIR 24 (Ch) Liquidator’s preference claim considering director’s duty of fairness between creditors, in repaying loans. Threlfall v. ECD Insight Ltd [2013] IRLR 185 (QB) Breach of solicitation covenant in director’s employment contract, and in a share buy-out agreement. JGD Construction Ltd v. Mills [2013] EWHC 572 (Ch), [2013] BPIR 811 Appeal considering the extent to which the court has   a discretion to make a final third party debt order, notwithstanding the fact that the judgment debtor has entered formal insolvency proceedings. Stupples v. Stupples & Co (High Wycombe) Ltd [2012] EWHC 1226 (Ch); [2013] 1 BCLC 729 Defence of claim for agent’s fees, based on agent’s conflict of interest. Asiansky Television Plc & Anor v Khanzada & Ors [2011] EWHC 2831 (QB) Professional negligence claim in relation to the conduct of litigation. Imageview Management Ltd v. Jack [2009] EWCA Civ 63; [2009] 2 All ER 666; [2009] 1 Lloyd's Rep 436; [2009] 1 BCLC 724; [2009] Bus LR 1034; The Times, 24 March 2009 Extent of a fiduciary’s disentitlement to remuneration following breach of duty. Property and Estates

Seb Oram's Property and Estates practice focuses on disputes about title, conveyancing and finance (mortgage/receivership). A substantial part of his practice relates to disputes about property ownership, and defects in land registration. In the landlord and tenant context he is regularly instructed in disrepair claims, particularly those involving expert, technical evidence.

He is a member of the Chancery Bar Association.

Seb has considerable experience of advocacy in the Property Chamber of the First Tier Tribunal, the High Court and County Courts, and has been instructed in the Court of Appeal.

Recent cases

Land registry rectification claim relating to charity land Disrepair claims brought by multiple tenants of a residential block, against their landlord Claims to a beneficial interest between joint (co-habiting) owners of properties Joint venture disputes arising from commercial agreements to purchase/develop land

Recent cases - Property and Estates, Chancery:

Dawson v Bell [2016] EWCA Civ 96; [2016] 2 BCLC 59 Damages for economic duress / tort of intimidation, arising out of the execution of a shareholders’ agreement. Hunt and Ors v. Optima (Cambridge) Ltd and Anor [2013] EWHC 681 (TCC), (2013) 148 ConLR 27 Defects and tenants’ repair claim arising out of the development of 26 new-build properties. Courtenay Gate Lawns Ltd v. Lee [2012] UKUT 125 (Lands Chamber) Resisting application to discharge restrictive covenants in a long lease, raising a point of principle as to the effect of a landlord’s conduct in granting subsequent leases in different form.

Year of call 2007; Lincoln’s Inn.

Speaks French and Spanish fluently, and has a good working knowledge of Italian.

Association of Business Recovery Professionals (“R3”) Chancery Bar Association Society of Construction Law Spanish and Latin American Arbitration Society (el Club Español e Iberoamericano del Arbitraje) – UK organising committee member. Technology & Construction Bar Association (TECBAR)

MA (Hons.) Law, Trinity Hall, Cambridge LL.M., University of Bristol