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Barristers

Matthew Finn

Matthew Finn

Position

Matthew Finn has specialist expertise in the resolution of high-value, complex commercial disputes, with a principal focus upon disputes arising in the construction, engineering, energy and shipbuilding sectors. Matthew accepts instructions both in contract disputes and in procurement and planning matters. Matthew is ranked as a leading junior in construction law, with clients commenting that: “Matthew is astute, quick to respond and able to deal with the fundamental issues directly, concisely and persuasively.” (Legal 500, 2020)

Matthew’s litigation practice involves regular appearances in the High Court (TCC and Commercial Court) and in the Court of Appeal. Recent notable cases include:

Walter Lilly & Co Ltd v Clin [2021] EWCA Civ 136. Walter Lilly is a dispute over the contractual allocation of risk for delays to works to a high-value residential property in Kensington and Chelsea. Matthew was engaged to act on behalf of Walter Lilly in the first instance trial ([2019] EWHC 945 (TCC)) and in the Court of Appeal. Walter Lilly was successful on both occasions. The defendant has since sought leave to appeal to the Supreme Court. Acting for the Claimant, as sole Counsel, in a £5m corporate finance dispute in the Commercial Court relating to the return of IPO investment funds. C Spencer Ltd v MW High Tech Projects UK Ltd, both before the TCC ([2019] EWHC 2547) and in the Court of Appeal ([2020] EWCA Civ 331). Spencer was a case concerned with the proper interpretation of the payment provisions of the Construction Act, in the particular context of hybrid contracts. ICE v EPIC [2018] T.C.L.R. 3. The ICE case involved a dispute over the point at which the Claimant’s cause of action accrued in respect of a debt claim. Matthew was brought in at the appeal stage and successfully resisted the Claimant’s appeal against a first instance judgment on limitation.

Matthew also appears regularly in arbitrations (both international and domestic) and in adjudications (both contractual and statutory). In recent years, Matthew’s arbitration and adjudication work has included:

Acting for the claimant in an international arbitration in a $1bn dispute relating to the construction of a power plant in Africa. A series of PFI disputes, of up to £250m in value, being disputes principally concerned with defects, performance failures, and/or termination. Acting for a private sector contractor in a series of adjudications and arbitrations against a government body in relation to a £200m infrastructure dispute. Acting for the claimants in a $80m international arbitration concerned with the construction of an underground metro system. Acting for the claimant, as sole counsel, in respect of a $15m international arbitration arising in the energy sector. Acting for the claimants, as sole counsel, in respect of linked LCIA arbitrations with an aggregate value of $10m, relating to the construction of a casino in Macau. Acting in a range of other high-value disputes concerning the termination of commercial agreements. Those disputes have spanned a wide range of industry sectors and have been principally concerned with the validity and financial consequences of purported (or threatened) terminations.

In addition to his arbitration work as counsel, Matthew has recently acted as Tribunal Secretary in a $2bn ICC international arbitration arising out of a commercial contract in the Middle East.

Matthew is a contributor to the most recent editions of both Keating on Construction Contracts and Keating on JCT. He has completed the Keble Advanced International Advocacy Course at Oxford University. He is a recent winner of both the Jane Lemon Essay Prize and the Jonathan Brock Memorial Essay Prize.

Through his considerable experience of resolving commercial disputes of the types described above, Matthew is adept at handling all commercial disputes that require both specific industry awareness and an in-depth knowledge of the law of contract, tort and restitution. In each of the cases he is instructed upon, Matthew combines incisive legal analysis of the issues involved with a pragmatic approach to dispute resolution, which takes account of the commercial reality of the parties’ relationship and the client’s particular objectives.

Career

Called 2011; Lincoln’s Inn; Pupillage: Keating (2012); Tenancy: Keating (2013).

Languages

French, German, Italian.

Memberships

COMBAR, TECBAR, Young Fraud Lawyer's Association.

Education

MA (Cantab): St Catharine's College, Cambridge, 2009 (1st class, ranked 3rd in year); GDL, City University, 2010 (Distinction).

Leisure

Football, tennis and golf.

Mentions