Position

Construction; professional negligence, domestic and international arbitration and ADR. Cases have included most standard forms of building and engineering contracts. Claims include interim and final account disputes, delay, loss and expense claims, defect claims, negligent design and workmanship issues. Significant cases include: Lanes Group plc adjudication and related leaked clauses 2011; ad hoc appointment as arbitrator in a dispute over a major infrastructure project in Botswana; ICC arbitration involving major infrastructure project in Trinidad & Tobago (2007-10); acting for The British Legion in proceedings concerning a substantial care home development in Norfolk (2009); acting for the Co-op in claims against consulting engineers for professional negligence (2009); Charles Church v Stuart Foundations (2007) [professional negligence]; Laurence Banks and Rachel Banks v DEFRA, [2004] EWHC 416 [administrative/public law & costs], DEFRA had failed to observe the requirements of procedural fairness in deciding to maintain a Movement Restriction Notice imposed on B’s herd of cattle – claimants’ application for indemnity costs against DEFRA succeeded; Trevor Wicketts & Patricia Sterndale v Brine Builders Ltd and HC Siederer, [2002] CILL 1805, application to remove arbitrator under section 24(1)(d) of the Arbitration Act 1996; Lindner Ceilings Floors Partitions plc v How Engineering Services Limited: How Engineering Services Limited v Lindner Ceilings Floors Partitions plc [2001] BLR 90 [appeal from arbitrators award on costs given in a construction arbitration], considered (a) evaluation of awards to offers on a ‘like for like’ basis and (b) the effect of a sealed offer which did not also include an offer to pay the costs of the offeree; Serck Controls Limited v Drake and Scull Engineerinq Limited [2001] QBD (TCC) (Judge Hicks QC) 12/5/2000, references: LTL 19/5/2000 : 73 Con LR 100: (2000) CILL 1643, claim for quantum meruit arising out of construction of research and development facility for BNF.

Education

Southampton University (1982 LLB Hons 2(1)); Fellowship of the Chartered Institute of Arbitrators (1991); Diploma in International Commercial Arbitration (1998).

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