UKA Final Conference Pack 2022

BARRISTERS • ARBITRATORS • MEDIATORS
clerks@39essex.com • DX: 298 London/Chancery Lane • 39essex.com
Paul Darling OBE KC
Year called 1983
Silk 1999
paul.darling@39essex.com
“doyen of his area”
a “great advocate,”
“He’s the man you go to if you have a difficult case; he
will always come up with an innovative solution and he
won’t give up, even on the difficult points.”
Chambers & Partners Asia-Pacific 2020
Paul Darling OBE KC has established a formidable reputation as an advocate in all types and levels of tribunals all
over the world. He specialises in complex cases which feature multiple parties, large teams, and high volumes of
material, and is often brought in by clients at short notice, late in proceedings. An ability to work with colleagues
from any jurisdiction, and to grasp detail, strategy, and tactics quickly has allowed Paul to develop a practice
which has taken him to every major jurisdiction, appearing in a wide variety of construction, energy, and
commercial matters. Adaptability and focus have contributed to Paul’s reputation as a gamechanger, brought in
to direct some of the construction and commercial world’s most difficult cases. Paul has represented diverse
clients in tribunals such as the Commercial Court, the Technology and Construction Court, and the Court of
Appeal in London, the High Court and the Supreme Court in Dublin, the High Court in Northern Ireland and
Arbitration Tribunals globally. Since the early 1990s he has conducted many arbitrations in Hong Kong, Singapore,
and the Middle East. He has acted in ICC, LCIA HKIAC, SIAC and DIAC Arbitrations.
Paul is also called to the Northern Ireland Bar (2004).
Practice Areas
Construction & Engineering

Adjudication
Commercial Litigation & Sale of Goods
Professional Negligence
Domestic & International Arbitration
Procurement
Health & Safety
Sectors
Energy
Sport
Practice Areas
Paul’s work has covered the full range of construction and engineering cases and topics in all forums (whether
court, arbitration, adjudication or expert determination), all round the world, though of course, at different phases,
different types of cases have predominated.
Set out below are examples of the areas in which Paul has recently worked and the reported decisions in which he
has appeared.
Work Areas
Sports Stadia, Playing surfaces
Dredging
Local Authority Projects
Shopping Centres, Theatres, Cinemas and Hotels
Asbestos
Cladding
Foundations , Piling and Load Transfer Platforms
Mechanical and Electrical Systems
Air Conditioning
Ground Improvements Schemes
Temporary Earthwork Retaining Structures

Unforeseen Ground Conditions
Defective Foundations
Large Housing Developments
Airports
Collateral Warranties
Chemical Slag
Loss and Expense, Prolongation and Disruption
Global Claims
Overhead and Profit, Emden Formula
Extension of Time and Time at Large
Liquidated Damages and Penalties and Float
Termination and Forfeiture
Exclusion and Limitation Clauses
Standard Form Insurance Clauses
FIDIC
NEC
Contract, no Contract
Cases
Alfred McAlpine Capital Project Ltd v Tilebox Ltd[2005] EWHC 281 (TCC); [2005] BLR 271; 104 Con LR
39, 21 Const LJ 539 (TCC)
Vector Investments v J D Williams [2009] EWHC 3601 (TCC)
James Elliott Construction Ltd v Irish Asphalt [2014] I ESC 68 (Irish Supreme Court)
Noreside Construction Ltd v Irish Asphalt [2014] 1 ESC 68 (Irish Supreme Court)
Northern Ireland Housing Executive v Healthy Buildings (Ireland) Ltd [2014] NICA 27, 153 Con LR 87
(Court of Appeal of Northern Ireland)
Walter Lilly & Co Ltd v Mackay and another [2013] EWCA Civ 142 [2013] EWCA Civ 142 (Court of
Appeal)
Shepherd Construction Ltd v Pinsent Masons LLP [2012] EWHC 43 (TCC); BLR 213; 141 Con LR 232
[2012] PNLR 31 (TCC)
Fitzroy Robinson Ltd v Mentmore Towers Ltd [2010] EWHC 98 (TCC); [2010] All ER (D) 84 (Oct) (TCC)
Vector Investments v J D Williams [2009] EWHC 3601 (TCC)
Fitzroy Robinson v Anglo Swiss Holding Ltd (No 3) [2009] EWHC 3365 (TCC) 128 Con LR 103, [2010]
BLR 165 (TCC)

London & Regional (St. George’s Court) Ltd v Ministry of Defence [2008] CILL 2651 and [2009] BLR 20
CA, 121 Con LR 26 (Court of Appeal)
Plymouth and South West Co-operative Society Ltd v Architecture Structure and Management Ltd
[2006] EWHC 5 (TCC); 108 Con LR 77; [2006] CILL 2366 (also reported on costs at [2006] EWHC 3252
(TCC); 111 Con LR 189; [2007] Lloyd’s Rep IR 596) (TCC)
Blair & Anor v AWG Residential Ltd & Ors [2005] NIQB 68 (High Court of Northern Ireland)
Birse Construction Ltd v McCormick (UK) Ltd [2005] EWCA Civ 940; [2005] BLR 523; [2005] All ER (D)
366 (Jul) (Court of Appeal)
Hurst Stores and Interiors Ltd v ML Europe Property Ltd [2004] EWCA Civ 490; [2004] BLR 249; 94 Con
LR 66 (Court of Appeal)
Mowlem plc v Phi Group Ltd [2004] BLR421; (TCC)
Birse Construction Ltd v St David Ltd (No. 1) [2000] BLR 57, 70 Con LR 10 (Court of Appeal)
Birse Construction Ltd v St David Ltd (No. 2) (2000) 78 Con LR 121 (TCC)
Birse Construction Ltd v St. David Ltd (No. 1) 1999 BLR 194 (TCC)
Ascon Contracting Ltd v Alfred McAlpine Construction Isle of Man Ltd 66 CON LR 119 (2000); 16 Const
LJ 216 (TCC)
Barking and Dagenham LBC v Stamford Asphalt Co Ltd (1999) CLC 929; 82 BLR 25; 54 Con LR 1 (Court
of Appeal) (1998) 80 BLR 66
Mooney v Henry Boot Construction Ltd (1996) 12 Const LJ 37 (TCC)
Vascroft (Contractors) Ltd v Seeboard Plc (1996) 78 BLR 132, 52 Con LR 1 (TCC)
Property & Land Contractors Ltd v Alfred McAlpine Homes (North) Ltd (1995) 76 BLR 59, Con LR 74
(TCC)
Mooney v Henry Boot Construction Ltd (1996) 12 Const LJ 37 (TCC)
Christiani & Nielsen Ltd v Birmingham City Council (Queen’s Bench Division) (Official Referee), (TCC)
MJ Gleeson Group Plc v Wyatt of Snetterton Ltd (1994) 72 BLR 15; 42 Con LR 14; (1995) 11 Const LJ
59 (TCC)
Temloc Ltd v Errill Properties Ltd (1988) 39 BLR 30; 12 Con LR 109; (1988) 4 Const LJ 63; (Court of
Appeal)
Chatbrown Ltd v Alfred McAlpine Construction (Southern) Ltd (1987) ; 35 BLR 44; 11 Con LR 1; (1987)
3 Const LJ 104 (Court of Appeal)
Adjudication
Paul’s adjudication work has been wide and varied. He is regularly involved in Adjudications representing a party.
Paul has drafted adjudication documents, advised adjudicators, advised parties for the benefit of adjudicators
and appeared at adjudication meetings and hearings. Some of those have involved submissions – some
cross-examination.
He has been involved in advising and appearing in many court proceedings about adjudication.

His largest enforcement proceedings was a 8 day trial of enforcement proceedings in CIB v Birse. Paul’s work has
involved the full range of issues from jurisdiction to enforcement via the time limit for delivering decisions and
setting off against awards.
He has sat as an Adjudicator many times and is on the TECBAR Panel.
His cases include:
Enterprise Managed Services Ltd v East Midland Contracting Ltd [2007] EWHC 727 (TCC)
Ringway Infrastructure Services Ltd v Vauxhall Motors Ltd [2007] EWHC 2421 (TCC); [2007] All ER (D)
333 (Oct) (TCC)
David McLean Contractors Ltd v The Albany Building Ltd [2005] Lawtel 10/1/2006 (TCC)
CIB Properties Ltd v Birse Construction Ltd [2004] EWHC 2365 (TCC); [2005] 1 WLR 2252; [2005] BLR
173 (TCC)
Simons Construction Ltd v Aardvark Developments Ltd [2003] EWHC 2474 (TCC); [2004] BLR 117;
[2004] TCLR 2; 93 Con LR 114; [2003] CILL 2053; [2003] All ER(D) 482 (Oct) (TCC)
Shepherd Construction Ltd v Mecrlght Ltd Queen’s Bench Division [2000] BLR 489 (TCC)
KNS Industrial Services (Birmingham) Ltd v Sindall Ltd 3 TCLR 10, 75 Con LR 71, 17 Const LJ 170
(TCC)
Commercial Litigation & Sale of Goods
Paul has done many cases which would be described as “commercial”, some of which are about Sale of Goods.
The two Sale of Goods cases that he focused on are Clegg v Andersson in the Court of Appeal, in England and the
Pyrite litigation in Ireland in the High Court and Supreme Court in Ireland.
Clegg was about an allegedly unsatisfactory yacht which the owner purported to reject over six months after he
took delivery of it.
The Pyrite litigation in Ireland involved consideration of the Irish Sale of Goods Act (similar but not identical to the
English version) and as to what was meant by merchantable quality and fitness for purpose.
He has appeared in two reported cases about the remuneration of foreign exchange dealers, one of which went to
the Court of Appeal.
Paul has done cases about generators and whether they were satisfactory or fit for their purpose.
He has also done many cases about bonds and guarantees.
Examples of reported cases are:
James Elliott Construction Ltd v Irish Asphalt [2014] I ESC 68 (Irish Supreme Court)
Mirador International LLC v MF Global UK Ltd [2012] EWCA Civ 1662; [2012] All ER (D) 142 (Dec), Court
of Appeal [2011] EWHC 683 (Comm) Commercial Court
Byblos International Fund LLC v IFX Markets Ltd [2009] EWHC 346 (QB); [2009] All ER (D) 08 (Mar)
(Commercial Court)

Wärtsilä France SAS v Genergy Plc [2004] EWHC 1966 (TCC); 92 Con LR 112 (TCC)
Clegg v Andersson (t/a Nordic Marine) [2003] EWCA Civ 320, [2003] 1 All ER (Comm) 721 [2003] 2
Lloyd’s Rep 32, (Court of Appeal)
Tower Housing Association Ltd v Technical & General Guarantee Co Ltd (1997) 87 BLR 74 (TCC)
Alfred McAlpine Construction Ltd v Unex Corp (1994) 70 BLR 26; 38 Con LR 63 (Court of Appeal)
Professional Negligence
Paul has conducted many cases, both on behalf of claimants and defendants in professional negligence cases.
Most of them were “building cases”. Some were claims against engineers and architects in respect of defects or
other construction problems. Some were claims against architects and project managers for failing to administer
contracts properly. Some were against quantity surveyors and other construction professionals for negligent
valuation.
Two highlighted cases are; The Rossory Quay litigation in Northern Ireland involving defective low and transfer
platforms. This is one of the first cases in which the effect of a duty of care deeds and collateral warranties were
considered. It was essentially a claim against an engineer for negligently recommending a proprietary ground
treatment system. The second, was the Hills Road litigation variously known as McAlpine v Panatown, McAlpine v
Unex, McAlpine v UIPL where he represented Alfred McAlpine. The final part of that case involved McAlpine and
UNEX seeking to enforce duty of care deeds about negligence against each other and in McAlpine’s case against
36 defendants. This involved the full gamut of issues that any professional negligence mega dispute gives rise to.
Reported cases include:
Shepherd Construction Ltd v Pinsent Masons LLP [2012] EWHC 43 (TCC); BLR 213; 141 Con LR 232
[2012] PNLR 31 (TCC)
Community Gateway Association Ltd v Beha Williams Norman Ltd [2011] EWHC 2311 (TCC); [2011] All
ER (D) 59 (Sep) (TCC)
Community Gateway Association Ltd v Beha Williams Norman Ltd (Costs) [2011] EWHC 2994 (TCC);
[2011] All ER (D) 120 (Dec) (TCC)
Fitzroy Robinson v Anglo Swiss Holding Ltd (No 3)[2009] EWHC 3365 (TCC) 128 Con LR 103, [2010]
BLR 165 (TCC)
Plymouth and South West Co-operative Society Ltd v Architecture Structure and Management Ltd
[2006] EWHC 5 (TCC); 108 Con LR 77; [2006] CILL 2366 (also reported on costs at [2006] EWHC 3252
(TCC); 111 Con LR 189; [2007] Lloyd’s Rep IR 596) (TCC)
Blair & Anor v AWG Residential Ltd & Ors [2005] NIQB 68 (High Court of Northern Ireland)
Munkenbeck & Marshall v Kensington Hotel Ltd (2000) 78 Con LR 171 (TCC)
John Harris Partnership v Groveworld Ltd (1999) 75 Con LR 7 1999; PNLJ 697 (TCC)
Domestic & International Arbitration
Many of Paul’s cases over the years have been arbitrations, both domestic and international, some as Counsel

and occasionally as Arbitrator.
He has also done a number of cases about practice and procedure in arbitration. They include:
Issues about whether Notices of Arbitration have been properly served.
Applications for extensions of time.
Applications to remove Arbitrators for bias or misconduct.
Stays of court proceedings for arbitration.
Reported cases include:
Lafarge Aggregates Ltd v Newham London Borough Council [2005] EWHC 1337 (Comm); [2005] 2
Lloyd’s Rep 577 (Commercial Court)
Van Oord ACZ Ltd and Harbour & General Works Ltd Joint Venture v The Port of Mostyn [2003] Lawtel
19/09/2003; (TCC)
Miller Construction Ltd v James Moore Earthmoving [2001] EWCA Civ 654 [2001] 2 All ER (Comm) 598
[2001] BLR 322 (Court of Appeal)
Birse Construction Ltd v St David Ltd (No. 2) (2000) 78 Con LR 121 (TCC)
Birse Construction Ltd v St David Ltd (No. 1) [2000] BLR 57, 70 Con LR 10 (Court of Appeal)
Birse Construction Ltd v St. David Ltd (No. 1) 1999 BLR 194 (TCC)
Procurement
Paul has done a number of cases about EU Procurement. The two cases set out below are the best known. The
first concerned the propriety of the tender process for the delivery of food to the entirety of the British Army. The
second related to the legality of a tender for the provision of legal services and in particular the relevance of a
power to vary or amend the contract.
BFS Group Ltd v (1) Secretary of State for Defence (2) Purple Foodservice Ltd [2006] EWHC 1513 (Ch);
[2006] EU. L.R. 1101 (Chancery Division)
R (on the application of the Law Society) v Legal Services Commission & the Lord Chancellor
[2007] EWCA Civ 1264; [2008] 2 W.L.R. 803; [2008] 2 All E.R. 148 (Court of Appeal)
Health & Safety
Paul has a considerable interest in Health and Safety in the public sector, having been Chairman of the Sports
Ground safety Authority, the body set up after Hillsborough to prevent recurrence of that disaster. In that capacity
he has considered and managed risk based regulation and disaster prevention in the public sector at the highest
levels and providing advice to Ministers. His work covered design and construction of stadia and other structures
and safety management generally. The SGSA was the authority responsible for licensing stadia and the contents
of Safety Certificates. It was responsible for reviewing the contents of Safety Certificates issued by Local
Authorities. He liaised extensively with all integrated groups including spectators. His experience involved issues
of fire safety and management.
This follows on from his appearance as counsel for the Engineers at the Public Inquiry into the deaths caused by
legionnaires disease at the Stafford Hospital. The inquiry set up after the death of 39 people from legionella

considered all aspects of design construction and management of the hospital.
Paul represented a quarry owner in the Pyrite litigation in Dublin. In the High Court in Dublin, a building contractor
sued the quarry owner for supplying material containing pyrite which was said to have expanded and damaged
the structures under which it was placed. The case went on appeal to the Supreme Court. The trial occupied 60
days and the hearing in the Supreme Court, 5 days. The issues included whether the cause of damage to the
building was defective design and construction or the expansion of pyrite, whether the pyrite in fact expanded,
whether there were breaches of the Sale of Goods Act about merchantable quality and fitness for
purpose, whether contractual terms applied and whether there were limitations on liability. Paul appeared in the
Court of Appeal in Belfast on an appeal about the notice provisions under
the NEC 3 Variation Clauses.
Sectors
Energy
One of Paul’s first ever energy cases was the arbitration between Motherwell Bridge v Highland Fabricators about
the Hutton Tension Leg Platform, which focussed on welding and fabrication issues.
Many of his cases have been about the design, construction and operation of power plants and FPSOS.
Many other instructions have been about the full gamut of issues about mines and mining, both deep surface and
opencast.
He has done cases about welding and corrosion, some in pipelines and some in other types of structures.
A number of Paul’s cases have involved Windfarms. Some were contractual claims about their construction and
others to do with defects in them.
He has also conducted a very long and heavy case in the Chancery Division about nuclear reprocessing at
Windscale.
Examples of reported cases are:
Cases
British Nuclear Group Sellafield Ltd v (1) Kernkraftwerk Brokdorf GMBH & Co OHG (2)
Gemeinschaftskernkraftwerk Grohnde GMBH & co OHG (3) e.on Kernkraft GMBH [2007] EWHC 2245
(Chancery Division)
BHP Petroleum Ltd v British Steel Plc [2000] 2 All ER (Comm) 133; [2000] 2 Lloyds Rep 272 (Court of
Appeal)
Wärtsilä France SAS v Genergy Plc [2004] EWHC 1966 (TCC); 92 Con LR 112 (TCC)
Sport
Paul has advised on and conducted many cases and disputes in the sports law area. The areas where he has
acted include:

The dispute between the Welsh Rugby Union and the Regions about the financial relationship between
them in relation to, in particular, internationals. This case settled shortly before trial in a considerable
blaze of publicity.
Cases about football transfers.
Hearings at the Disciplinary Committee of the Jockey Club and the British Horseracing Authority.
His sports work has also meant that he has advised on many cases about sports ground and stadia. Some are
referred to in his section on Construction. He was involved in disputes about the National Stadium in Wales,
Wembley, Aintree Racecourse, Sunderland Football Ground (the Stadium of Light), Newcastle United (St. James
Park) and Leicester City.
This, in part, was why he applied to be Chairman of what was then called the Football Licensing Authority and, is
now called, the Sports Ground Safety Authority.
He has particular expertise in the Green Guide and Multi-Use Stadia.
Recommendations
“He is pragmatic, reliable and a massive presence.” “Tenacious, a good advocate and tough in any case that you
give to him.”
Construction, Chambers UK 2016
“He is extremely good, very practical and very down to earth”…”As a QC he just commands enormous gravitas and
the very best respect for his advice and opinions.”
Construction, Chambers Global 2016
“As always, Paul’s advice is commercial, he is responsive and he turns the advice around quickly.” “A
larger-than-life character coupled with a fearsome intellect.
International Arbitration, Chambers UK 2016
“He has a very bright and analytical mind and remains one of the leading advocates – very impressive on his
feet.”
Professional Negligence, Chambers UK 2016
Appointments
Appointed by the Secretary of State as Chair of the Horserace Betting Levy Board – April 2020

Memberships
Technology and Construction Bar Association
London Common Law and Commercial Bar Association
Society of Construction Law
Professional Negligence Bar Association
Commercial Bar Association
Bar of Northern Ireland (2004)
Chartered Institute of Arbitrators
London Court of International Arbitration
International Bar Association
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About Us
Belasco Associates is a firm of Chartered Quantity Surveyors specialising in construction and
engineering, including commercial and residential building construction, water and wastewater
treatment, pharmaceuticals, food and beverage production, aviation, petrochemicals, power
and energy and waste from energy.
We act for and on behalf of developers, employers, main contractors, sub-contractors, and
private individuals and are pleased to be instructed on all construction matters. Visit it our
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Crown Office Chambers | Barristers regulated by the Bar Standards Board
We are a leading set in the field of
construc�on and engineering disputes
and arbitra�on. We also act in related
professional negligence cases.
We have extensive experience in the
adjudica�on field, represen�ng both
referring and responding par�es, and
ac�ng as the Adjudicator determining
the dispute.
We act for employers, contractors,
construc�on and design professionals,
developers, local and central government,
concessionaires, funders, suppliers and
insurers in all forms of dispute resolu�on.
Read more about our construc�on
team here.
Chambers & Partners UK
2022 Global Guide
Please contact:
Rob Cowup, Senior Team Clerk
E: rcowup@crownofficechambers.com
T: +44 (0) 207 797 6227
“Crown Office Chambers is a
highly regarded set with
notable construction silks
and a strong group of
barristers at the junior end.
Acting for the full breadth of
construction industry
clients, including
developers, contractors and
design and engineering
professionals. The set offers
excellent additional
capabilities in construction
insurance and professional
negligence cases.”

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Jeremy Nicholson KC, FCIArb
JEREMY NICHOLSON KC, FCIArb
Jeremy is a barrister & arbitrator with experience over many years of disputes in construction &
engineering, energy, insurance, professional liability, and shipbuilding.
He has been involved in every type of dispute resolution, across a wide range of projects. In addition
to acting as counsel, he has been appointed as presiding arbitrator, sole arbitrator, adjudicator,
dispute board member, and mediator.
Ranked by legal directories as a leading silk since appointment in 2000, he has experience of many
different industries and projects. His clients have included AECOM, AMEC, Arup, Aviva, Axa, British
Airways, the City of London, IBM, Marks & Spencer, RSA, Ramboll, and the UK Government. He has
an outstanding track record as counsel in achieving successful conclusions to major and difficult
cases; and is known for mastery of technical detail, lateral thinking, strategic advice, and team
leadership in large and complex disputes.
In addition to acting in many disputes in the UK, his experience of international disputes includes oil
& gas refineries in Abu Dhabi and Algeria; airports in Dubai and Gibraltar; drydocks, infrastructure,
port facilities and residential projects in Dubai; power projects in Georgia; viaduct construction in
Italy; power stations in Iraq, Pakistan, South Africa and Trinidad; and shipbuilding in the PRC.

Sole or multiple decision makers
Richard Bailey / 27 October 2022

UK Adjudicators conference 2022
Session 1 – Sole or multiple decision makers
• The case for a single decision maker in both domestic and international disputes
• In this short talk I will look at the advantages and disadvantages of a sole decision maker
in adjudication and arbitration
• In the UK we are of course used to having a sole decision maker whether in adjudication
or arbitration and indeed court.
• In the courts we only have a single judge unless it is on a point of law on appeal when
the Court of Appeal will have a panel of 3 judges. Therefore, the vast majority of civil
cases in England and Wales are determined by a single judge as the sole arbiter of both
fact and law.

Session 1 – Sole or multiple decision makers (2)
• In the courts nobody challenges the view that a single judge is capable of making a
decision that is essentially finally binding on the parties.
• Having the option to go to the court of appeal, which actually determines whether a case
is suitable for appeal by review by a single Lord Justice of Appeal on paper before even
allowing a hearing is not challenged.
• In adjudication it is not so much a question of whether a sole adjudicator is appropriate,
it is after all all that we have known, instead it is over the specific quality of the
adjudicator and the actions of some adjudicators that bring the process into question.
• As a litigation who has practices almost all his professional life in adjudication it is the
norm and goes without challenge.

• For practitioners the real question in adjudication is who is going to be the adjudicator
rather than the number of panel members. Indeed, given the short period for an
adjudication it seems almost unworkable for there to be more than one person making
the decision.
• Arbitration is different. The Arbitration Act 1996 makes no reference to the number of
arbitrators that there should be for a case and therefore ad hoc arbitration in the UK are
generally worked on the basis of a single arbitrator.
• This is where the biggest questions can arise as under the Arbitration Act the decision
of an arbitrator will be final save on the limited areas of challenge which is then
referable to a court for determination.

• Looking at some of the arbitration rules shows a difference of view on whether there
ought to be a sole of multiple decision makers.
• The CIArb Arbitration Rules that were published in 2015 provide for the parties to be
able to agree a single arbitrator, however, if they do not agree a single arbitrator then
Article 7.1 provides that there shall be 3 arbitrators.
• In contrast the CIMAR Rules that were published in February 1998 so for the purposes
of the introduction of the Arbitration Act 1996 envisage only a single arbitrator, see for
example articles 1.3 and 2.3 which both refer to the appointment of a sole arbitrator.

• The LCIA Arbitration Rules which are intended for use both domestically and
internationally.
• Article 5.8 provides as follows:
• A sole arbitrator shall be appointed unless the parties have agreed in writing otherwise or the LCIA Court determines
that in the circumstances a three-member tribunal is appropriate (or, exceptionally, more than three).

• The ICC in contrast works on the basis that the parties will each appoint an arbitrator
and that then the court will appoint a chair of the arbitral tribunal.
• There is one exception to this and that is the ICC expedited procedure which was
introduced in March 2017 which is a stand alone set of provisions, that the parties can
opt out of in the arbitration clause in the contract, for claims of less that $2million. This
sum has since been increased in 2021 to $3million.
• Under the expedited procedure the expectation is that there will be a sole arbitrator
appointed.

About Druces LLP
• Druces LLP is a City of London law firm advising businesses and private clients. Founded
in 1767, the firm cherishes its heritage while embracing the highest modern standards in
all that it does.
• The firm operates on a four-practice group model:
1. Corporate & Commercial
2. Private Wealth
3. Real Estate
4. Dispute Resolution
• We place a strong emphasis on core sectors including property development and
investment, family offices, international private wealth, healthcare, banking and finance.

About Richard Bailey
Richard Bailey
Partner – Construction and Engineering
r.bailey@druces.com
+44 7971 418051
Richard is a highly regarded Construction lawyer with broad experience across the
sector. This encompasses the drafting of all forms of construction contracts and the
handling of complex disputes in construction and engineering cases, both domestic and
international. His clients include contractors and subcontractors; property owners and
developers; consultants and project stakeholders.
Multi-party litigation is a particular specialism. Richard has acted in a number of major
disputes before the courts, as well as in arbitrations, adjudications and mediations.
These cases have focused on a range of infrastructure projects including, light rail, PFI
agreements, hospitals, residential developments and sports stadia.
Richard also regularly conducts international arbitrations or co-counsels with other
firms in international arbitrations. Richard is a key member of the firm’s international
arbitration group and is a member of the International Bar Association International
Construction Projects Group, attending regular conferences and speaking on
international topics. He is also a Member of the Chartered Institute of Arbitrators,
TeCSA and the Society of Construction Law (having been both Chairman and Treasurer)
and also a Council member of the European Society of Construction Law. He is also
recommended in Who’s Who Legal and this year was recognised as a Thought Leader in
construction.
Today, Richard splits his time fairly equally between dispute resolution and non-
contentious advisory work. Richard regularly advises on the terms of contracts and
other related contractual documentation. He provides a contract review and advisory
service to his contractor clients and regularly advises developers on development
agreements and putting together suites of contract documents for major projects.

Jon Miller
Partner
Fenwick Elliott LLP, Aldwych House, 71-91 Aldwych, London WC2B 4HN
T +44 (0)20 7421 1986, M +44 (0)7860 315 403
jmiller@fenwickelliott.com
I am a former Mechanical and Electrical Apprentice, qualifying as a solicitor in 1989 since when I have worked
exclusively in the area of construction and engineering law.
I also lobbied the House of Lords on behalf of the construction industry during the passing of the Housing Grants,
Construction and Regeneration Act 1996 and prepared the first draft adjudication rules for two adjudicating nominating
bodies.
I have dealt with JCT, NEC3, GC/Works 1, IMechE, IChemE, ICE and other Standard Forms of Contract (drafting the
initial RICS/ISURV Guide to the NEC3 Form of Contract) and am involved with all types of construction and
engineering disputes including infrastructure, hotels, power stations and “Grenfell”/cladding type claims with sums
involved up to £100m+.
I have acted as advocate in High Court (e.g. enforcement of Adjudicator’s Decisions) and represented clients before
Adjudicators, Mediators and Arbitrators. I also advise and draft construction and civil engineering contracts (e.g. HS2,
Amazon fulfillment centres, Biogas Plant Construction and Purchase Agreements).
I am also a practicing Adjudicator, Mediator and Arbitrator and have acted as Adjudicator on over 100+ occasions. I
am a former a visiting lecturer at Anglia Ruskin University as well as a speaker for the Institute of Structural Engineers,
Chartered Institute of Building Service Engineers, Expert Witness Institute, RIBA and RICS. An assessor of
complaints for the RIBA and member/Chair of the RIBA Disciplinary Panel.
Above all I am a keen supporter of West Ham United and Billericay Town.
4149-2153-8625 v1

27 October 2022
Jon Miller
Fenwick Elliott LLP
One Person Tribunal – UK Viewpoint
4131-1405-5745
• Advantages
• Cheaper
• Quicker – 1 Diary - Carillion Construction v Devenport Royal Dock Yard
• Party Control – Appointment and Rules (not Judges)
• Advised by Experts
• Disadvantages
• Appointments by ANBs?
• Adjudication – (virtually) never 28 days / “hijacking” / lack of time?
• Limited Expertise – Jack of all trades?
• Limited/No Appeal – Bouygues v Dal Jensen (2000) EWCHA Civ 507
• Large Disputes – Panel can split the work
• Does it matter?

SEAMUS O’DOHERTY
DIRECTOR
BERKELEY RESEARCH GROUP
London
T +44 (0)20 3725 8350
M +44 (0)7966 107 354
sodoherty@thinkbrg.com
Qualifications
• Dip. Construction Technology
• BSc. (Hons) Quantity Surveying
• LLB (Hons)
• P.Grad. Dip. Const. Law
• Dip. International Arbitration
• Dip. Adjudication
• Cardiff University Bond Solon Civil
Expert Certificate
• Accredited Mediator
• Fellow, Royal Institution of Chartered
Surveyors
• Fellow, Society of Chartered Surveyors
Ireland
• Member, Chartered Institute of
Building
• Fellow, Chartered Institute of
Arbitrators
Seamus is a Chartered Quantity Surveyor, Chartered Builder,
adjudicator, arbitrator, and mediator with over 30 years’
experience in commercial and project management. He has
worked for engineering and construction companies,
consultancies, and client organisations on projects in various
countries including the UK, Ireland, Germany, Russia,
Ukraine, Mexico, USA, India, China, and the Middle East.
Seamus’ experience includes cost planning, estimating,
procurement, contract claims (typically related to delay and
disruption, valuation of variations, loss and expense and final
accounts) and commercial management on a broad range of
projects including rail, metro, power, steel plants,
pharmaceutical oil and gas, airport, bridge, commercial,
residential, civil, educational, health and industrial. He has
worked with standard and bespoke main contracts and sub-
contracts including NEC, JCT, ICE, FIDIC.
In addition to his experience as a construction professional,
Seamus has been involved in a wide range of dispute matters
and provided independent expert evidence. He has also
assisted clients and their legal teams with litigious matters in
the formulation of strategy, preparation of documents and
case presentation in adjudication, arbitration, and litigation in
the UK and abroad.
Seamus is regularly appointed as the independent Quantum
Expert in construction and engineering disputes. He is also a
dispute resolver and a panel member of the RICS President’s
Panel of Construction Adjudicators, UK Adjudicators, the CIC
Low Value Disputes Adjudication Scheme, the CIArb
Business Arbitration Scheme and is a CEDR ADR Official.
Seamus has been appointed as the adjudicator or arbitrator in
disputes involving construction and engineering, aviation,
and the surveying activities of RICS member firms. He is a
Liveryman of The Worshipful Company of Arbitrators.

www.drakeqs.co.uk
0161 711 0844
020 3011 0144
Contact us to discuss your latest project
MEP Quantity Surveyors
and Dispute Resolvers
Experts in MEP on projects from
the simple, to the spectacular.

1
4 New Square Chambers,
Lincoln's Inn,
London, WC2A 3RJ
T: +44 20 7822 2000
E: general@4newsquare.com
BARRISTERS REGULATED BY
THE BAR STANDARDS BOARD
Roger has almost 30 years of experience working for every type of client in
relation to disputes all over the world. He is regularly appointed as both
Counsel and arbitrator in international arbitrations.
A “top-rate silk” who “prides himself on sorting the wheat from the chaff and identifying the issues that are worth pursuing”,
Roger has a pre-eminent reputation in the resolution of the most complex, high value and high profile disputes.
Roger is nominated in the Legal 500 Bar Awards for Construction and Energy Silk of the Year 2022.
Named on the Chambers & Partners ‘Stars at the Bar’ 2022 list. This editorial says “In terms of courtroom advocacy and crisp,
effective, succinct advice he’s at the top of the tree. He’s peerless at making the complex simple.” “Roger Stewart QC is very
intellectually sharp and very hard-working. He’s an impressive arbitrator.” “He is engaged, personable, and willing to contribute to
the drafting of the award with his expertise.” “Roger turns matters around quickly, has a lot of gravitas and is also user-friendly.”
Winner of the 2020 ‘Professional Negligence Silk of the Year’ award by Chambers & Partners, Roger has received numerous
plaudits being described in the Directories as “a great cross-examiner who is absolutely razor sharp and has an amazing facility in
court”; “another great example of sheer brilliance…his wide practice covers general professional negligence claims as well as
construction claims, all of which he handles with ‘natural ease and the greatest of style'”; “he is phenomenal and has cross-
examination skills beyond compare”; “if something looks like it might turn into a fight he’s your man”; “Every word he says counts”;
“a modern silk: he’s straightforward, courteous and clever” whose “top reputation has led to him being instructed on some of the
highest-profile cases that have been fought”; as being able to “articulate the most complex concepts with simplicity and brevity”;
“he prepares extremely well and has a very calming approach with clients. They feel very at ease with his advice”; “great choice for
heavyweight matters”; “a deeply impressive performer”; “a razor-sharp and formidable opponent”; “tenacious”; “commercially
savvy” and “an extremely able counsel, who is very attuned to what material will assist the tribunal.”
He is one of the three general editors of Jackson & Powell on Professional Liability (Sweet & Maxwell, 8
th
Edition 2017) and has been
an editor since the 3
rd
Edition (1992). He has won “Professional Negligence Silk of the Year” three times and was again short listed
in 2019 by Chambers & Partners UK. He is a Recorder and appointed to sit in the Technology and Construction Court.
OUR PEOPLE
Roger Stewart KC
CALL 1986 SILK 2001
CHAMBERS & PARTNERS
“He sees through to the heart of the issues in a very practical and pragmatic
way.”
r.stewart@4newsquare.com +442078222062

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Privacy Policy
Click here for a Privacy Policy for Roger Stewart KC.
Expertise
International Arbitration
“Very strong leading counsel, confident and knowledgeable. Highly impressive in cross-examination, he reads the mind-set of
the tribunal very well.”– Legal 500, 2022
“He’s very intellectually sharp and very hard-working. He’s an impressive arbitrator.” “He is engaged, personable, and willing to
contribute to the drafting of the award with his expertise.” – Chambers & Partners, 2022
“The counsel of choice for the biggest and most challenging cases.” – Legal 500, 2021: Middle East: Construction
“An exceptionally good cross-examiner. He is calm, very persuasive in his oral submissions, has a good feel of the Tribunal and
a very thoughtful and effective approach to tackling the most difficult issues.” – Legal 500, 2021
“He is very confident, persuasive and has gravitas in front of a tribunal. He is not easily deterred, always keeps his composure
and is a very impressive advocate.” – Chambers & Partners, 2021
“A brilliant advocate – no praise is too high.” – Legal 500, 2020
“A phenomenally good commercial lawyer.” “A very experienced silk.” – Chambers & Partners, 2020
“Exceptionally commercial. He has an excellent sense of how courts think about arbitration-related issues.” “Incredibly
persuasive.” “Very hard-working.” “A very good advocate.” “He has a very understated advocacy style which is devastatingly
effective when it comes to cross-examinations and addressing the tribunal.” “He is just awesome in front of judges and
arbitrators and just so incisive as a cross-examiner.” – Chambers & Partners
Roger has an extensive International Arbitration practice having appeared in a very large number of arbitrations under ICC, LCIA,
DIFC and other Institutional rules as well as in ad hoc arbitrations. He is used to leading large teams of lawyers or appearing as
Co-Counsel to undertake particular roles.
Examples of cases where he has recently appeared as Counsel include:
Acting for the UK Government in relation to the £300m E-borders dispute where Roger successfully had the Award set
aside in its entirety and remitted to a new Tribunal
Acting in relation to a shareholders dispute concerning the largest grain handling terminal in Europe;
Acting for the builders of a nuclear installation in dispute with a Government;
Acting in an ICC arbitration relating to the price achieved on the sale of Eastern European Government assets
Acting for a European bank in relation to a share shale dispute of a large United Kingdom subsidary
Acting as Counsel for an Eastern European Government in a BIT dispute
Acting for one of two partners in a dispute concerning Eastern European electricity supply contract;
Acting for the joint venturers in a large claim for public works against a Middle Eastern government;
Acting for the owners in relation to an ICC development dispute in Asia ;
Acting for the builders of a sewage tank being sued by a public authority;
Acting for a large energy transformer supplier in relation to a dispute with an African government
Acting in an LCIA dispute relating to liability in relation to guarantee contracts relating to investment in telecoms in the
Middle East

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Lincoln's Inn,
London, WC2A 3RJ
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Examples of disputes in which he has recently been appointed as Arbitrator include:
Acting as Chairman of a 3 man panel which delivered a final award in a dispute as to construction of indemnity agreements
relating to the taxation of revenues from satellite TV stations
Sitting as sole Arbitrator in relation to a substantial construction dispute concerning earthworks construction. Roger
delivered 2 partial awards dealing with the seat of the arbitration and applicable procedural law together with the scope
of his jurisdiction before the dispute settled;
Sitting as part of an ICC panel concerning the entitlement of a construction company to claim against its financial
guarantee underwriters following a substantial Middle Eastern project.
Sitting as sole LCIA arbitrator in relation to a hotel dispute in Libya
Sitting on an ICC tribunal dealing with disputes arising out of a chemicals plant
Commercial Dispute Resolution
Roger specialises in high value commercial disputes litigated both in England and overseas. He acted successfully for the UK
Government in overturning the award against the Government in the Raytheon border dispute and for the Insurers in the
mesothelioma litigation which went to the Supreme Court as well as for Mr Holyoake in his well publicised dispute with the Candy
brothers. He is currently instructed in relation to high value fraud and conspiracy cases in both England and the Caribbean. He
acted for the successful appellants to the Supreme Court in the important case defining scope of duty in lawyers’ cases – BPE
solicitors.
Featured Commercial Litigation cases
A v B [2020] EWHC 809 (TCC) (03 APRIL 2020); Roger acted for an owner in successfully obtaining an injunction against a
professional firm acting in breach of a conflict of interest provision. Click here to read the judgment.
The Trigger Litigation [2012] UKSC 14; The case is currently under appeal to the Supreme Court
Hawksford Trustee v Stella Global [2011] EWHC 503;
City & General v Royal & Sun Alliance [2010] EWCA CIV 911;
Cherney v Deripaska [2008] EWHC 1530 AND [2007] EWHC 965;
Lumbermans Mutual Caualty v Bovis Lend Lease Ltd [2004] EWHC 2197 (COMM);
Kidsons v Lloyds Underwriters [2007] EWHC 1951;
Attorney General of Zambia v Meer Care & Desai [2006] EWCH 179;
Maybans General Assurance v Alstom Power Plants [2004] EWHC 1038;
Finecard Internationa v Urquhard Dyke & Lord [2005] EWHC 2481;
Clare v Buckle Mellos [2005] EWCA CIV 1611;
BNP Paribas v Deloitte & Touche [2003] EWHC 2874 (COMM);
Yarm Road v Hewden Tower Cranes [2003] EWHC 1487, [2002] EWHC 2265;
Premier Profile v Tioxide Europe [2002] BLR 467;
Spectra International v Tiscali [2002] EWHC 2084;
Excelsior Commercial v Salisbury Hamer [2002] EWCA CIV;
Bovis v Commercial Union [2001] 1 LLOYD’S REP 416;
Hopewell Project Management v Ewbank Preece [1998] 1 LLOYD’S REP 448;
Offshore Litigation
Roger undertakes a significant amount of work in relation to offshore jurisdictions, particularly the Caribbean. He is presently
instructed in two very substantial fraud recovery actions arising from alleged breaches of trust as well as the defence of very
large conspiracy case with allegations concerning fraud in a number of different jurisdictions. He has also acted in relation to
disputes where vehicles are based in the Channel Islands as well as important litigation stemming from those jurisdictions in
England.

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Property Damage
Roger has very substantial experience in relation to acting in Property Damage and Disaster cases over a lengthy period of time.
Featured Property Damage cases
Acting for the builders of the block of flats in relation to the Civil Litigation arising from the Putney Gas Explosion
Acting in relation to claims arising out of the Piper Alpha oil platform disaster
Acting for Tesco and their insurers in relation to a substantial fire damage claim against builders and architects – Tesco v
Costain [2003] EWHC 1487
Acting for the contractor in relation to a claim by a water authority arising from the collapse of a substantial sewage
facility
Acting for underwriters in relation to claims arising from damage and defects in the largest construction warehouse in
Europe
Acting for contractors in relation to substantial flood damage at a large London new development
Acting in relation to flooding arising from the collapse of section of the Thames river wall
“Roger is an acknowledged star of the bar. He masters the papers and so is able to cross examine powerfully.” – Legal 500, UAE
2022 Leading Construction Silks
“Very strong leading counsel, confident and knowledgeable, highly impressive in cross-examination, read the mind-set of the
tribunal very well. Roger is able to make the most difficult things and concepts easy to understand. He is commercially astute
and makes a great impression on both clients and experts. Great pleasure to work with.” – Legal 500, 2022
“A very good trial advocate and cross-examiner.” “An excellent barrister with great written and oral advocacy skills.” –
Chambers & Partners, 2022
“He’s just excellent, loved by clients, a great silk.” – Legal 500, 2021
“As an advocate he is polished and on top of the subject matter.” “He is clear and concise in submissions and very good on his
feet with a real command of his brief.” – Chambers & Partners, 2021
“Excellent strategic instincts and wonderful advocacy.” – Legal 500, 2020
“He is very efficient, highly experienced in his field and a very effective cross-examiner.” “Very practical and solutions-
oriented.” – Chambers & Partners, 2020
Roger has enormous experience across the full range of Construction, Engineering, Infrastructure, Energy and PFI disputes
whether litigated, arbitrated or adjudicated. He has acted for employers, contractors, sub-contractors and consultants both
nationally and internationally. He has acted in connection with projects in a large number of jurisdictions including the UK, France,
the Phillipines, Ethiopia, Zambia, Australia, Dubai, Abu Dhabi, Saudi Arabia, the Ukraine, South Africa, the U.S, Egypt, Jordan, Iraq
and Libya. He is familiar with all of the major standard form contracts as well as bespoke agreements. He has led large teams of
lawyers in relation to major disputes including other more junior silks.
He is listed as a leading silk by both Chambers & Partners (his “top reputation has led to him being instructed on some of the
highest-profile cases that have been fought“, a “top-rate silk” who is “a great choice for heavyweight matters,” “he’s very
bright and very user-friendly” and “prides himself on sorting the wheat from the chaff and identifying the issues which are
worth pursuing – he brings great order to matters that would otherwise be very complicated”; Interviewees were keen to
highlight his skill in cross-examination, commenting “he is quite simply one of the best I have ever seen”) and Legal 500 (“rarely
bettered in the Courtroom”).
Typical relevant experience includes:

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Lincoln's Inn,
London, WC2A 3RJ
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Transport and Marine Infrastructure Disputes
Acting for the Engineering Consortium in dispute with the Project Manager relating to the construction of several
sections of new high speed rail line
Acting for the Contractors in relation to a £100m million dispute relating to new station and signalling facilities
Acting for a Contracting Joint Venture in dispute with a Middle East Government over the construction of a new
Airport Terminal
Acting for the Builders of a New Cruise Terminal at a major harbour
Energy Disputes
Acting for the owners of a new power station in relation to claims against consultants and sub-contractors
Acting in two substantial disputes relating to waste and energy generation long term contracts
Acting for major Engineering consultants in relation to a geo-technical dispute concerning the foundations of a new
power station;
Acting in relation to the refurbishment of 5 power stations;
Acting in relation to a turbine collapse at a substantial plant
PFI Disputes
Acting for the operators of a hospital in dispute with original builders
Acting in dispute with owner and builder in relation to waste generation matters
Acting for an Employer in relation to the termination of a combined treatment plant
Acting for the operators of a part of a motorway in dispute with Government
Acting for the builders of Wembley Stadium in dispute with sub-contractors and consultants leading to complex
litigation and three visits to the Court of Appeal
Claims arising from the failure of concrete works in relation to a very large car park in a major retail development
Acting for the builders of a £500m hotel, residential and retail complex in dispute with the Employer and sub-
contractors
Acting for the Owners of a Supermarket in dispute with builders and designers
Acting in relation to two substantial tower crane collapse
Acting for hotel owners against professional consultants
Acting for a major contractor in dispute with a government over nuclear facilities
Professional Liability
Roger has won ‘Professional Negligence Silk of the Year’ three times including at the recent 2020 Chambers & Partners UK Bar
Awards.
“A very good advocate and a very good cross-examiner.” “A very competent lawyer; it amazes me how he is able to pull rabbits
out of hats.” “In terms of courtroom advocacy and crisp, effective, succinct advice he’s at the top of the tree. He’s peerless at
making the complex simple.” – Chambers & Partners, 2022
“Incredibly helpful on very knotty accountants’ negligence claims. Very responsive and provides terrific advice.” “He is as good
as they come: extremely bright, very good with clients and highly forensic.” “He thinks of excellent points and
counterarguments, and is so intelligent.”– Chambers & Partners, 2021
“He has fantastic knowledge of professional negligence law, and a very good approach to strategy – very user friendly and a top
choice for leading professional service firms.” – Legal 500, 2021
“He’s one of the leading silks in professional liability and is very committed to cases. He is passionate in his advocacy, good at
reading the judges, and is a very, very hands-on silk.” “He has a brilliant mind, great strategic vision and is very good with the

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client. Clearly someone at the very top of his game.” – Chambers & Partners, 2020
“A superb courtroom advocate, with a deft and commanding style.” – Legal 500, 2020
Roger’s wide practice covers general professional negligence claims as well as construction claims, all of which he handles with
“natural ease and the greatest of style”. Instructing Solicitors appreciate the clout that he carries, remarking “If something looks
like it might turn into a fight, he’s your man”, peers attest to his status as an “inventive and destructive cross-examiner of both
factual and expert witnesses” and Legal 500 (“can articulate the most complex concepts with simplicity and brevity”, “he is
absolutely charming and meticulous in his preparation”). Roger has twice been the Chambers & Partners Professional
Negligence Silk of the year in 2007 and 2010.
Roger is one of the 2 general editors of Jackson & Powell on Professional Liability and has been an editor since the 3
rd
edition in
1992. He originally personally edited the chapter on construction professionals and for the last two editions has edited the
chapter on surveyors. The extent and breadth of his practice is shown in the individual professions.
Accountants, Auditors & Actuaries
Roger has acted for and against accountants, auditors and actuaries throughout his professional career. As well as acting
following the collapse of large companies, he has particular experience of dealing with challenges to tax schemes and advice
in relation to the same having acted in two successful appeals. The first is the high profile decision in Mehjoo v Harben Barker,
[2014] EWCA Civ 358, where the Defendant accountants were exonerated having been held liable at first instance (where
Roger was not instructed). The second is the successful appeal in Capita v Drivers Jonas [2012] EWCA Civ 1417 where the
Court of Appeal determined that credit had to be given for the effects of tax incentives in an Enterprise Zone scheme. He has
acted and is acting in a variety of different jurisdictions in relation to alleged negligence (eg Barclays Trust Co v Ernst & Young
[2016] EWHC 869.
As examples of the sort of work he undertakes, he recently acted or is presently acting
In a claim against accountants arising from the allegedly negligent audit of investment schemes in the Caribbean;
In a claim against a specialist tax adviser in relation to alleged failures of advice in relation to an EBT scheme;
In relation to a number of claims arising out of challenges to film finance schemes;
In a number of matters where HMRC have issued advance payment notices;
In claims against valuers and other advisers in relation to tax mitigation schemes.
In claims as to responsibility for tax advice where a number of profession advisers have been employed including
barristers, general accountants and specialist tax advisers.
He also has extensive experience in relation to non-tax claims, particularly in relation to pension equalisation and the
determination of adjustments in company sales.
He has acted for accountancy firms in relation to allegations of negligence in relation to the sale of assets in Eastern Europe;
for corporations seeking indemnity in relation to negligent auditing. He has been instructed by the Trustees of pension funds
seeking recourse from auditors and directors as well as for directors seeking to avoid allegations of wrongful trading. He has
also acted in very substantial share sales with actions over against the advisers who provided due diligence as well as in the
determination of financial adjustments required as a result of cross-border sales.
Construction Professionals
Roger is one of the most experienced and sought after of silks in relation to claims against construction professionals. He has
been consistently listed by the directories as one of the leading practitioners
‘He is well known for his niche expertise in technology and construction-related professional negligence work. “Excellent on his
feet – he is clever at cross-examining and gets what he needs to out of witnesses in a very considered way.” “He is calm and
excellent in terms of his analysis – someone you can rely on.”‘ – Chambers & Partners

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Typical instructions include
Acting on behalf of a major international contractor in claims against architects and services engineers in relation to
one of London’s most prestigious developments
Acting on behalf of an international engineering group in defending claims relating to the design of power station
foundations
Acting for the builders of Wembley stadium in seeking recompense from the professional team for substantial over-
spend
Acting for an employer seeking recompense for defects in an Australian tunneling system
Acting for a contractor in relation to defective water infrastructure built under PFI contracts
Acting for costs consultants alleged to be responsible for under-estimation on a major regeneration project
Acting for the end user in relation to claims against consultants and contractors in defective hospital design.
Insurance Brokers & Agents
Throughout his career Roger has regularly acted for and against insurance brokers in relation to a wide range of underlying
insurance. His familiarity with the insurance market and insurance disputes means that he has experience of the placing of
risk (both insurance and reinsurance) on both the London and overseas markets for very substantial amounts. He is presently
or has recently acted in relation to claims where there have been disputes as to the identity and roles of the placing brokers;
as to whether insurers were bound; as to disclosure on renewal; as to the availability of cover and as to the rating of the
insurers. Many of the disputes are and have been for very substantial sums. He has particular expertise in relation to the
placing of professional indemnity insurance in relation to a number of different professions as well as Contractors’ all risk
insurance, Employer’s Liability Insurance, Public Liability Insurance and Key Man Insurance within the financial services sector.
By way of example only he has acted recently or is acting in relation to claims where the availability of non-standard cover for
a large firm of solicitors is in dispute; in relation to the professional indemnity insurance of a larger contractor in relation to
civil engineering works in Australia; in relation to the avoidance of cover for a very substantial fire. He has sat as sole
arbitrator to determine a number of disputes as well as for a tri-party dispute between insured, insurers and brokers.
On a number of PFI projects, he has been asked to advise as to the nature and obligations of brokers in relation to the
procurement of long-term insurance and has also advised as to the suitability of product liability insurance for a large
international conglomerate. He has particular experience of claims where there are alternative allegations against insurers
and brokers. 3 substantial disputes where Roger has acted for the Claimants have settled at the door of the Court in recent
years.
Lawyers
It is only necessary to list some of Roger’s reported cases to see the depth of experience that he has in this area. Outside such
cases, Roger has acted in numerous arbitrations concerning primary liability, apportionment and insurance coverage. He
regularly conducts indemnity consultations. A particular high-light was the successful defence of a firm of solicitors arising
out of the purchase of Fulham Football Club. Roger has undertaken numerous cases concerning the wasted costs jurisdiction
on behalf of both barristers and solicitors.
Reported cases
BPE Solicitors & Anor v Gabriel [2015] UKSC 39 (17 June 2015)
Kagalovsky & Anor v Balmore Invest Ltd & Ors [2015] EWHC 1337 (QB) (13 May 2015)
Gabriel v Little [2013]EWCA Civ 1513 Representing Defendant solicitors on successful appeal on basis that the loss
claimed fell outside the scope of the retainer and there was no Quistclose trust or dishonest assistance in a breach of
trust
Fulham Leisure Holdings v Nicholson Graham & Jones [2008] EWCH Civ 84; [2006] EWHC 2016; [2006] EWHC 158
Pritchard Joyce & Hinds v Batcup [2008] EWHC 20;
Baxendale-Walker v The Law Society [2007] EWCA Civ 233; [2006] EWHC 643;
Kamar v Nightingale [2007] EWHC 2982

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Attorney General of Zambia v Meer Care Desai [2006] EWCH 1179
McLoughlin v Jones [2006] EWCA Civ 1167;
FS v JS [2006] EWHC 2793
Talisman Property v Norton Rose [2006] EWCA Civ 1104;
Clare v Buckle Mellows [2005] EWCA Civ 1611;
Hatton v Chafes [2003] EWCA Civ 341;
Persaud v Persaud [2003] EWCA Civ 394;
Excelsior v Salisbury Hamer [2002] EWCA Civ
Brown v Bennett [2002] 1 WLR 713;
HF Pension Trustees v Ellison [1999] PNLR 894;
Williams v Attridge LTL 9/7/97;
Gray v Richards Butler LTL 24/6/97;
Sampson v John Boddy Timber LTL 17/5/95
Patent Agents
Roger has acted in two of the very rare reported cases against patent attornies – which demonstrates the considerable extent
of his experience in this relatively small area. He is presently acting in relation to two substantial disputes in the field. His
technical expertise makes him ideal for understanding the necessary concepts and complications in the field.
Reported cases
Finecard International v Urquhart & Lord [2005] EWHC 2481
Arbiter v Gill Jennings & Every [2000] PNLR 680
Surveyors & Valuers
Roger has edited the relevant chapter in Jackson & Powell on Professional Liability for the last 3 editions. As would be
expected he has enormous experience in this field. He appeared in the House of Lords in one of the leading cases, Swingcastle
v Gibson and has appeared extremely regularly in the courts ever since. He appeared at first instance in BBL v Eagle Star
before the case was discontinued against his clients after many days.
Reported cases
Cheshire Building Society v Dunlop Heywards [2008] EWHC 51
Preferred Mortgage v Bradford & Bingley [2002] EWCA
Etam v Baker Arnold [2001] EGCS 21
Royal & Sun Alliance Trust Co Ltd v Healey & Baker LTL 19/10/2000
Ball v Banner & Healey & Baker LTL 19/10/2000
Miskin v St John Vaughan LTL 1/3/99
Cavendish Funding v Henry Spencer & Sons Ltd [1998] PNLR 122
Swingcastle v Gibson [1991] 2 AC 223
Financial Services Professionals
Roger has acted on numerous occasions for and against financial advisers who have been sued in relation to pension advice,
endowment contracts, draw-down mortgages and zero income bonds. He has particular expertise in consideration of claims
against the issuers of prospectuses for products involving tax incentives such as property enterprise zone unit trusts and film
finance schemes. He has also acted for an against the professional advisers who have acted in relation to such schemes both
in relation to their promotion and their implementation.

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Professional Discipline
“Roger has enormous expertise and experience, and gives excellent strategic guidance throughout. Where he really stands out,
however, is in trial, particularly in cross-examination.” – Legal 500, 2022
“He has fantastic knowledge of professional negligence law, and very good approach to strategy – very user friendly and a top
choice for leading professional service firms.” – Legal 500, 2021
Roger has extensive and long-standing experience of disciplinary work having been instructed both by regulators and
defendants. In particular he has acted in a large number of solicitor’s disciplinary cases including appeals – see Baxendale Walker
v Law Society [2006] EWHC 643 and [2007] EWCA Civ 237; he has acted for both large and small firms and individuals and in high
profile and sensitive matters. He has acted for accountants firms in connection with investigations both in the United Kingdom
and overseas. He has acted for financial services firms in relation to investigations by the FCA and by its predecessors. He has
negotiated Regulatory Settlement Agreements and successfully defended firms. He has also advised prosecutors in relation to
large scale investigations.
Energy
Roger has extensive experience of acting in disputes in the energy sector in relation both to construction and supply. This
includes acting for a Middle Eastern government owner in relation to a major pipeline; acting for a major contractor in relation to
an EPC platform for offshore gas supply; acting for in relation to a sub-contract dispute for the supply of equipment for North sea
works and acting in relation to port supplies for both oil and gas exporting. He has also acted as arbitrator in relation to a dispute
relating to the late construction of a major expansion to a Middle Eastern oil field. He has also acted in relation to distribution
disputes in particular concerning take or pay obligations and minimum commission arrangements. He has also acted in relation to
electricity generation and power station disputes for engineers, contractors and owners. His experience extends to disputes in
the Middle East, Far East and the Americas as well as the UK
Insurance & Reinsurance
“Enormous expertise and experience, and gives excellent strategic guidance throughout.” – Legal 500, 2022
“Roger is extremely commercial and very good at coming up with answers to complex problems.” – Chambers & Partners, 2022
“Always on my shortlist when we require sheer depth of experience, technical capability and gravitas.” – Legal 500, 2021
“He’s very experienced and very strong on construction and insurance issues.” “He’s well regarded and in demand in the
insurance space.” – Chambers & Partners, 2021
“He is a formidable advocate with an impressive courtroom style.” – Legal 500, 2020
“An outstanding barrister.” “A go-to construction insurance person.” “Very versatile.” – Chambers & Partners, 2020
Insurers or reinsurers or both are involved in some capacity in a large proportion of Roger’s work. Roger has extensive experience
of coverage work and regularly conducts indemnity consultations on behalf of insurers in professional indemnity matters. He also
advises both insurers and insureds in relation to insurance disputes outside the professional indemnity area and is appointed
regularly to sit as an arbitrator in relation to such disputes.
Information Technology
“A dynamic counsel for complex IT disputes.” – Legal 500, 2021
“A brilliant barrister with the ability to cut to the chase and analyse the essence of any issue.” – Legal 500, 2020

10
Lincoln's Inn,
London, WC2A 3RJ
T: +44 20 7822 2000
“An excellent advocate and is able to convey very complex legal and factual issues simply.” – Legal 500, 2019
Roger has acted in some of the highest profile and most demanding cases concerning Information Technology. In particular he
was lead counsel for the Home Office in its dispute with Raytheon over the E-borders dispute which involved consideration of the
termination of that contract and numerous other issues. He has also acted in other disputes both for and against the
Government or Government entities in relation to complex IT disputes. He has also advised and acted in disputes with two major
financial institutions. He is well familiar with the difficulties which IT disputes bring – in particular those caused by different
stakeholder requirements, changing environments, bespoke code and testing issues.
Ranked as a Leading IT Silk by Legal 500, Roger is described in their 2019 edition as “an excellent advocate and is able to convey
very complex legal and factual issues simply.”
Awards
Qualifications
M.A. LLM (Cantab)

RICHARD BOOTH -PARTNER- HFW
LONDON
Friary Court
65 Crutched Friars
London EC3N 2AE
United Kingdom
Office Telephone: +44 (0)20 7264 8000
Office Fax: +44 (0)20 7264 8888
Direct Dial (London): +44 (0)20 7264 8385
Richard specialises in construction and engineering matters, both in the UK and
internationally. He qualified in 2003 and has been part of the well regarded HFW
construction team since 2005. The specialist team are highly ranked by Legal 500
who comment that "HFW does big ticket work for some of the key industry
contractors" (Legal 500 2021) and are a team of "true experts" (Legal 500 2022) and
by Chambers & Partners who say "their lawyers combine legal skills, proactiveness
and the ability to take a practical approach, which is very valuable." (Chambers &
Partners 2022).
More about Richard
He advises on strategy during procurement and during or after project delivery.

Richard specialises in all forms of construction dispute resolution, including ADR (particularly
mediation), statutory and contractual adjudication, dispute boards, arbitration and litigation. He has
been a party representative and advocate at regular meetings of a dispute adjudication board over
a three year period. Richard is often asked to act in a project advisory role and, in this capacity, he
spent over two years on secondment to a major European contractor.
He has considerable experience of advising on all forms of construction documentation, particularly
high value complex EPC, EPCI and other forms of turnkey contracts. Richard regularly drafts,
amends and negotiates FIDIC, NEC, JCT, LOGIC, bespoke and associated security documentation.
Richard's testimonials included in the independent directors that review the legal market include:
"He is a very persuasive negotiator" (Chambers & Partners 2017)
"Excellent at tackling the issues while bearing in mind practical and commercially sensible
solutions" (Chambers & Partners 2017)
"His strengths are his ability to find solutions in negotiations and to get a deal done. He has a
creative approach and takes into account the interests of all the parties."(Chambers & Partners
2018)
"Sharp, punctual and pleasant to work with" (Chambers & Partners 2019)
"Innovative"(Legal 500 2020)
"Richard Booth is very approachable; he has a good legal brain and is an innovative thinker
with a commercial acumen."(Legal 500 2020)
"Very good level of engagement led by Richard Booth." (Legal 500 2021)
"I was very impressed by Richard Booth's ability to quickly pick up the key aspects of a very
technically challenging dispute, to draw out the key issues and to direct the compilation of
the necessary technical evidence to support our case." (Legal 500 2022)
"Michael Sergeant and Richard Booth have both supported us over recent years. We would
highly recommend both as they offer sound practical advice, having invested time and energy
in understanding our business" (Legal 500 2022)
Richard is a past Chairman of the Adjudication Society and a member of the Society of Construction
Law in the UK. He regularly speaks at external and HFW conferences.
Richard is qualified in England and Wales.

ABDUL JINADU T +44 (0)20 7544 2600 | E clerks@keatingchambers.com | keatingchambers.com
Practice overview
Abdul Jinadu was called to the Bar in 1995 and has been a practising barrister and arbitrator in
Keating Chambers since 1996, specialising in construction, engineering and energy disputes, and
domestic and international arbitration. He has acted for the full spectrum of clients including
construction and engineering companies, government organisations, corporations, public
utilities, local authorities, consultancies, architects and engineers. He is currently instructed
on behalf of the Bereaved Survivors and Residents as a specialist construction counsel on the
Grenfell Tower Inquiry.
He has extensive experience of a wide range of disputes and advisory work relating to
infrastructure projects. Significant cases have involved oil and gas onshore and offshore
facilities, solar power plants, aluminium smelting plants, pharmaceutical plants, hospitals, mining
and marine construction.
He has an extensive international practice both as counsel and as arbitrator acting recently
as counsel in respect of a number of disputes in several jurisdictions in the Middle East and
as sole arbitrator and party appointed arbitrator in respect of major projects internationally
including in Nigeria, Tanzania, Ghana and Turkmenistan. Recent appointments include as sole
arbitrator in a Tanzanian arbitration and party appointed arbitrator in a £400m Nigerian dispute.
His arbitrator appointments have included ICC and DIFC-LCIA appointments as well as ad hoc
arbitrations. Abdul Jinadu is bi-lingual in English and Yoruba and maintains significant contacts
with his home country of Nigeria. He has well developed contacts in the legal profession and
in the construction and oil and gas sectors in Nigeria. He is Secretary Pro Tem of the Society
of Construction Law Nigeria. He is a member of the Court of the Lagos Chamber of Commerce
T +44 (0)20 7544 2600
F +44 (0)20 7544 2700
keatingchambers.com
Clerks’ Details
Dominic Woodbridge
T: +44 (0)20 7544 2609
E: dwoodbridge@keatingchambers.com
Rob Garvan
T: +44 (0)20 7544 2696
E: rgarvan@keatingchambers.com
Maddie Jenkins
T: +44 (0)20 7544 2630
E: mjenkins@keatingchambers.com
Areas of practice
— Construction & Engineering
— Infrastructure & Utilities
— Energy & Natural Resources
— IT & Technology
— International Arbitration
— Offshore Construction & Marine Engineering
ABDUL JINADU
Call: 1995
Keating Chambers
15 Essex Street
London
WC2R 3AA
DX: LDE 1045
ajinadu@keatingchambers.com

International Arbitration Centre, a member of the Lagos Court of Arbitration, a member of
the Advisory Board of Africa Construction Law, and has been appointed to the Directory of
African International Arbitrators by the African Arbitration Association. He is also a Fellow of
the Chartered Institute of Arbitrators in the UK and of the Botswana Institute of Arbitrators.
Abdul has “a strong adjudication element to his practice” and is a TECBAR accredited
adjudicator. In addition to acting as an adjudicator and giving papers and seminars on the
subject, he has acted for clients at all stages of the adjudication process (advising, drafting,
and representation at enforcement proceedings) and at all levels up to the Court of Appeal.
He is a chapter author for Keating on Construction Contracts, Keating on Offshore
Construction and Marine Engineering, Keating on NEC and Oil and Gas Contracts – Principles
and Practice. He has lectured on a wide range of subjects to a wide range of professional
bodies. He has written articles on a wide range of construction law related subjects.
Recent Cases
•
Instructed on behalf of the Bereaved Survivors and Residents as a specialist construction
counsel on the Grenfell Tower Inquiry.
•
Acting for a specialist contractor in a series of hearings regarding the enforcement of
adjudication decisions arising from a landmark hotel project
•
Acting for a dredging contractor in a FIDIC Blue Book Dispute Adjudication Board against a
Kenyan Government entity in respect of a claim arising from damage to an undersea cable
during the course of the works.
•
Acting for a Chinese heavy engineering company in respect of the contract for the
development of a new container port in Sierra Leone.
•
Acting on behalf of a specialist design and build contractor in an adjudication in respect of a
dispute regarding the design of glazing for a major office block refurbishment.
• Acting on behalf of a local authority in a dispute concerning ground works.
•
Acting in a series of adjudications on behalf of a major UK contractor regarding a high profile
residential development in London.
•
Acting in a multi-million pound adjudication on a high profile commercial development on
behalf of a major UK contractor in London.
•
Acting in a series of adjudications on behalf of a major UK contractor regarding a mixed
residential and commercial project in the north of England.
•
Acting on behalf of a major international construction company on a large adjudication
concerning a commercial project in the east of England.
•
Advising a major UK construction services company in respect of a claim arising from the
Westfield development.
•
Acting on behalf of a development company in High Court litigation regarding the
redevelopment of educational facilities.
“Abdul is a doyen of construction law. However,
he is not only highly experienced and extremely
knowledgeable, but commercially astute – his
tactics are effective and decisive.”
Legal 500 2022

Infrastructure Utilities
•
Acting on behalf of a major contractor in relation to a claim arising from the Jubilee Line
extension.
•
Advising a major UK construction services company in respect of a claim arising from
infrastructure refurbishment works.
•
Advising the claimant in an arbitration, between a UK Contractor and the State, concerning a
World Bank funded road project in West Africa.
Energy Natural Resources
•
Acting in two arbitrations each of approximately $30 million value concerning an offshore
gas exporting installation in Iraq, one under DIAC rules and the other under DIFC rules.
•
Acting in an arbitration relating to a collapsed aluminium shelter in Saudi Arabia under ICC
rules.
•
Acting for a Nigerian oil and gas services company concerning a dispute with a UK oil and
gas services company regarding an agreement for the provision of services in Nigeria.
• Acting for a UK power company in a £40m claim concerning power generation equipment.
•
Represented a national oil company in a US$40m international arbitration regarding the
turnaround maintenance of a major regional oil refinery in the Caribbean.
• Acting on behalf of a Kuwaiti company in an engineering dispute in the oil sector.
IT Technology
•
Acting on behalf of a major defence contractor in an adjudication relating to a major defence
information technology project.
“He is not only highly experienced and extremely
knowledgeable, but commercially astute with
effective and decisive tactics.”
Chambers Partners UK Bar 2022
International Arbitration
•
Acting in two arbitrations each of approximately $30 million value concerning an offshore
gas exporting installation in Iraq, one under DIAC rules and the other under DIFC rules.
•
Acting in an arbitration relating to a collapsed aluminium shelter in Saudi Arabia under ICC
rules.
•
Acting in a multi party ICC arbitration claim for approximately $1 billion arising out of a
production sharing contract for a deep offshore field involving Nigerian and international
parties.
• Acting on behalf of the government of Malawi in an ICC arbitration.
“Exceptionally hard working with the ability to
simplify the most complex technical issues to
achieve the right results for the client.”
Middle East: The English Bar, Legal 500 2022

Offshore Construction Marine Engineering
•
Acting in a multi-million pound claim on behalf of an international port operator regarding
marine construction works.
•
Acting on behalf of a contractor in relation to a claim regarding marine construction works
arising from the refurbishment of a key defence establishment.
Arbitrator Appointments
•
Appointed as sole arbitrator by the ICC in respect of a dispute arising from the design and
construction of a renewable energy plant in East Africa.
•
Appointed as sole arbitrator by the ICC in respect of a dispute arising from an oil services
contract in West Africa.
•
Acting as party appointed arbitrator in a claim arising out of the allocation of crude from a
jointly utilised crude transportation pipeline.
“Thorough, courteous, displayed excellence both
on paper and orally.”
Legal 500 2022
Selected Reported Cases
•
MTD Contractors Ltd v (1) Willow Corp SARL (2) BDB Pitmans LLP [2019] EWHC 1612 (TCC)
•
Willow Corp SARL v MTD Contractors Ltd [2019] EWHC 1591 (TCC)
•
Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd [2017] EWHC 2159 (TCC)
•
Universal Piling Construction Ltd v VG Clements Ltd [2016] EWHC 3321 (TCC)
•
St. Austell Printing Co. Ltd v Dawnus Construction Holdings Ltd [2015] EWHC 96 (TCC)
•
WW Gear Construction Ltd v McGee Group Ltd [2010] EWHC 1460 (TCC), 131 Con LR 63 TCC, CILL
2884
• JPA Design Build Ltd v Sentosa (UK) LTD [2009] EWHC 2312 (TCC)
•
Amec Group Ltd v Universal Steels (Scotland) Ltd [2009] BLR 357 (TCC), [2009] EWHC 560 (TCC),
124 Con LR 102
•
Ringway Infrastructure Services Ltd v Vauxhall Motors Ltd [2008] TCLR 2 and [2008] 115 Con LR 149
TCC
•
Bodill Sons (Contractors) Ltd v Harmail Sing Mattu [2007] EWHC 2950 (TCC), (2008)
CILL 2553
• Quietfield Ltd v Vascroft Construction Ltd [2006] All ER (D) 331 CA
• Quietfield Ltd v Vascroft Contractors Ltd [2006] All ER (D) 17 TCC
• Pegram Shopfitters Ltd v Tally Weijl (UK) Ltd [2004] 1 WLR 2082
• Rhodia Chirex Ltd v Laker Vent Engineering [2004] BLR 75 CA
• Pegram Shopfitters Ltd v Tally Weijl (UK) Ltd [2004] 91 Con LR 173 and [2004] BLR 65 CA
• Beck Peppiatt Ltd v Norwest Holst Construction Ltd [2003] BLR 316
•
Royal Brompton Hospital NHS Trust v Hammond Ors (No.8) [2002] 88 Con LR 1; [2002] EWHC
2037 (TCC)
•
Royal Brompton Hospital NHS Trust v Hammond Ors (No 7) [2001] 76 Con LR 148; EWCA Civ 206

Seminar, Publication Papers
•
Contributor, Keating on Construction Contracts - Tenth Edition (2016)
•
Chapter author, Oil Gas Contracts: Principles and Practice - First Edition (2016)
•
Chapter author, Keating on Offshore Construction Marine Engineering Contracts - First
Edition (2015)
•
Resolving Construction Disputes – The UK Experience, Prepared for CIArb Conference
in Lagos (2014)
• Contributor, Keating on Construction Contracts - Ninth Edition (2012)
• Chapter author Keating on Construction Contracts Eighth Edition Supplement (2008)
• Researcher, Keating on Construction Contracts - Eighth Edition (2006)
• Researcher, Keating on Construction Contracts - Seventh Edition (2001)
Education and Professional Career
MA in Law, Sidney Sussex College, Cambridge 1993
LL.M. Sidney Sussex College, Cambridge 1994
Called to the Bar (Middle Temple) 1995
Pupillage, Keating Chambers 1995-96
Keating Chambers 1996
TECBAR Accredited Adjudicator 2004
Public Access Training 2004
Membership
Fellow of the Chartered Institute of Arbitrators (FCIArb)
Representative on the Bar Council’s International Committee
Technology and Construction Bar Association (TECBAR)
Commercial Bar Association (COMBAR)
Society of Construction Law
CIArb (UK and Nigeria)
Lagos Court of Arbitration
Directory of African International Arbitrators (DAIA)
Languages
Yoruba
Additional Information
Abdul has written papers on adjudication and professional negligence. He is an avid Tottenham
Hotspurs fan and enjoys military history.

Bowdon Consulting Limited Patrick Waterhouse
www.bowdonconsulting.com
Patrick Waterhouse
BEng(Hons) MBA CEng FICE FCIArb FCInstCES MRICS
Telephone +44 (0)161 941 2722
Mobile +44 (0)7984 861554
Email patrick.waterhouse@bowdonconsulting.com
Linkedin www.linkedin.com/in/patrickwaterhouse
Profile
Patrick is a construction adjudicator, accredited mediator, expert determiner and expert
witness. He advises clients, contractors and consultants on all aspects of contracts including
claims and dispute resolution. He is a chartered civil engineer and a chartered surveyor.
Key skills
• Dispute resolution – adjudication, party advice mediation.
• Construction Adjudicator
• Accredited Mediator
• Expert Witness
• Expert Determiner
• PFI Contracts
• Standard form contracts – JCT, ICC, IChemE, ACE, NEC.
Dispute resolution accreditation
Association for Consultancy and Engineering – Panel of Adjudicators
Chartered Institute of Arbitrators – Panel of Construction Adjudicators
ConstructionAdjudicators.com – Adjudicating Panel
Construction Industry Council – Register of Adjudicators
Institution of Chemical Engineers – Panel of Adjudicators
Institution of Civil Engineers – Register of Adjudicators Register of Mediators/Conciliators
Royal Institute of British Architects – Panel of Adjudicators
Royal Institution of Chartered Surveyors – Panel of Adjudicators
Technology and Construction Solicitors’ Association – Panel of Adjudicators
UK Adjudicators – Panel of Adjudicators

Recent experience (more details available on request)
Various clients - contract advice and dispute resolution – adjudication mediation.
Consultancy services in standard contracts (NEC, JCT, IChemE), claims and dispute resolution.
PFI projects and disputes – advice on commercial and dispute resolution issues to investors
and contractors in healthcare, waste treatment, highways, criminal justice and housing.
Training services - provision of training in contract law and contract procedure. Client base
includes leading international consultants and contractors. Tutor and examiner for the NEC
Project Manager, Supervisor and Service Manager accreditation programmes. Examiner for
the Institution of Civil Engineers’ law and contract management examinations.
Adjudication – appointed as adjudicator on (typically) 10 construction/engineering disputes
per year in claims of value from £10k to £21m. Assessment of each Party’s case, management
of process and production of legally-enforceable decision.
Mediation – appointed jointly by parties to mediate and assist parties to reach their own
resolution of commercial disputes. Amounts in dispute typically £50k to £5m.
Expert determination – appointment by Parties to determine contractual disputes in
construction, engineering and PFI contracts.
Expert witness – assessment of claims under construction industry contracts and conduct of
professionals involved therein.
Examples of recent contract advisory work –
(i) Advising UK Government Agency on the final payments due under PFI contract
at expiry. Assessment of project agreement, deeds of variation and payment
mechanism.
(ii) Joint appointment as expert to Parties (UK Government Agency and private
sector contractor) to assess contractual impact of changed obligations.
(iii) Joint appointment as expert to Parties (UK Government Agency and private
sector consultant)
(iv) Dispute resolution advice to PFI project company in contract with NHS Trust.
Significant disputes re building defects, operational delivery.
(v) Advice to PFI management services provider after its client (a PFI Project
Company) had fared badly in an adjudication with an NHS Trust. Assessment
of adjudicator’s decision and advice on likely liability of our client.

(vi) Advice to PFI project company in large waste treatment PFI project re claims
(£5m+) received from design build contractor and impact of adjudications in
supply chain.
(vii) Advice to contractor in nuclear industry about dispute resolution options in
NEC contract and its likelihood of success in adjudication against licensed
nuclear site operator.
(viii) Advice to owner operator of petro-chemical works on likelihood of success
in £800k NEC3 dispute with contractor over refurbishment of stainless steel
cross-country pipeline.
(ix) Advice to financial guarantor (as sub-consultant to a third party) on the likely
success or otherwise of claims made by a street lighting contractor against its
client under an NEC3 subcontract. Advice related to entitlement and quantum
and adjudication process.
Work history
• Bowdon Consulting Ltd, Director. 2002 – present.
o Dispute resolution and contract advisory services.
• Marconi Communications Ltd. Business Development Director. 1999 – 2002.
o Business development of PFI projects in rail, highways property sectors.
• Alstom Transport. Business Development Manager. 1997 – 1999.
o Development of international privately-financed rail projects.
• Tarmac plc Private Finance Unit. Development Manager. 1995 – 1997.
o UK PFI business development bid management.
• Wimpey Construction Limited. Various engineering management positions. 1987 – 1995.
o Civil engineering, building, offshore fabrication, design management.
Academic
• BEng(Hons) Civil Engineering. City University London.
• MBA. Durham University Business School.
• Diploma in Construction Adjudication, Chartered Institute of Arbitrators

Professional
• Chartered Engineer, Engineering Council
• Fellow, Institution of Civil Engineers
• Fellow, Chartered Institute of Arbitrators
• Fellow, Chartered Institution of Civil Engineering Surveyors
• Member, Royal Institution of Chartered Surveyors
• Chartered Institution of Civil Engineering Surveyors. Member of Council of Management
• Institution of Civil Engineers. Member - Dispute Resolution Panel
• Chartered Institute of Arbitrators. Chair – Professional Conduct Committee
Publications
• NEC4 Resolving and Avoiding Disputes. Joint author with Robert Gerrard.
ICE Publishing, 2019.
• The NEC4 Term Service Contract. Joint author with Kelvin Hughes. Routledge, 2018.
• NEC4. Defined Cost and Compensation Events. Author. ICE Publishing, 2021.
• Regular contributor to industry magazines and online blogs.
• Regular presenter in webinars on construction law and dispute resolution.

Dean Sayers MSc, Dip ICArb, Dip Adj, FCIArb
Managing Director, Arbitrator, Adjudicator, Mediator, Expert Determiner
Sayers Commercial Ltd
T: 07710 422671 E: dean@sayerscommercial.co.uk
Dean is an adjudicator, arbitrator, mediator, expert determiner, contract dispute resolution
consultant. He has acted as adjudicator on 15 occasions, arbitrator on 11 occasions, mediator on 1
occasion, and expert determiner on 1 occasion. He has also represented parties (employers,
contractors, sub-contractors, and sub-sub-contractors) in adjudication on in excess of 150 occasions.
He is a registered adjudicator on the UK Adjudicators (UKA), Chartered Institute of Arbitrators
(CIArb) and Construction Industry Council (CIC) panels of adjudicators. He is a quantity surveyor by
background, with an extensive knowledge and experience of matters pertaining to quantum, liability
and law.
http://www.sayerscommercial.co.uk

Connect withus enquiry@druces.com www.druces.com
Construction Dispute Resolution
We have a strong multi-disciplinary
Construction team that provides dispute advice
and assistance to a wide range of owners,
developers, contractors, specialist sub-
contractors and consultants across the
construction and engineering sector. The team
has a deep knowledge of the sector and is
experienced in providing advice on all forms of
disputes and the tactics to be deployed in them.
We know and understand that disputes are a
part of construction and engineering and, in our
experience, no two disputes are quite the same.
Whether you are bringing or defending a claim,
our team will support you at every stage. We
take pride in the commercially sound and
tactically astute advice which we offer.
Fixed fee adjudication service
The construction team at Druces is pleased to
be able to offer its clients a fixed fee
adjudication scheme based on the value of the
dispute. The fee includes an initial no
obligation claim review and an in person
meeting to discuss the claim. We will then work
with you to prepare the Notice of Adjudication
and Referral or the Response plus the
supporting documentation. Unlike some other
fixed fees we also arrange the application for
nomination and conduct all of the
correspondence. The fee also includes drafting
a Reply to Response or Rejoinder to Reply if
required. Finally, we also review the decision
and advise you on the best course of action.
Our Construction Dispute Resolution Team
Richard Bailey
Partner
T: +44(0)20 7216 5516
E: r.bailey@druces.com
Laughlan Steer
Senior Associate
T: +44(0)20 7216 5573
E: l.steer@druces.com
Work/Claim Value (£) Fee excl. VAT and disbursements (£)
Smash and grab up to 500k and adjudications up to 100k 5,000
Claim value: 100-150k 7,500
Claim value: 150-200k 10,000
Claim value: 200-250k 15,000
Claim value: over 250k 10% of claim value
These fees exclude disbursements, expert fees and extension of time and loss and expense claims (unless a
consultant is employed and has already prepared these, in which case we can consider offering a fixed fee).
The fee also excludes the cost of enforcement, and anything post decision, (beyond the initial review and
advice) and also assumes no extension of time beyond the 14 days under the statute.

T: +44 (0)20 7797 8100 clerks@crownofficechambers.com www.crownofficechambers.com
Roger ter Haar KC
Roger ter Haar KC Call 1974 • KC 1992
“He is very experienced, hugely well known and hugely
well respected. He has a massive following globally.”
(Chambers Partners, 2022)
 +44 (0)20 7797 8100  terhaar@crownofficechambers.com
Roger’s practice as an international arbitrator covers Construction, Engineering, Insurance, re-insurance,
Energy, Shipbuilding and Professional Negligence.
In June 2020 he decided to limit the number of new instructions in which he would act as counsel in order
to concentrate on work as an arbitrator. During a career spanning over 40 years as an advocate, he
appeared as leading counsel in many cases in these areas before trial and appellate courts and arbitral
tribunals, including a number of high-value international arbitrations in London, Paris, Geneva, Muscat,
Dubai, Qatar, Hong Kong, Singapore, Perth, New York and Washington D.C., and included claims where the
amounts at stake were in billions of dollars.
He has vast expertise in the areas of major infrastructure works, Energy (including notable experience
including wind farm and Oil Gas disputes), contracts for the sale of oil, claims related to waste disposal
plants and claims relating to contracts for the construction and maintenance of power stations.
Additionally, his experience covers allegations of negligence against financial service advisors, insurance
brokers, underwriting agents, doctors, solicitors, barristers, surveyors and valuers, architects, engineers,
quantity surveyors, patent agents, educational psychologists, teachers and others.
Roger’s appointments include presiding arbitrator, tribunal member and sole arbitrator, principally
(though by no means exclusively) in ICC, LCIA, DIAC and SIAC. Arbitral seats have included London, Dubai,
Oman, Singapore, and the Caribbean. His appointments have involved a wide variety of governing laws,
including the laws of England, Hong Kong, Australia, and India as well as Sharia law.
His common law expertise is complemented by a wide experience of civil law systems, including UAE,
Oman, Qatar, Kuwait Egypt and the Philippines.
Roger’s International practice spans the globe. He has acted in or arbitrated disputes arising from projects
in: Afghanistan, Australia, Azerbaijan, Bahrain, Bangladesh, Brunei, Bulgaria, China, Dubai, Egypt, Eire,
Hong Kong, Gibraltar, India, Indonesia, India, Isle of Man, Israel, Jersey, Kuwait, Libya, Oman, Panama,
Pakistan, the Philippines, Qatar, Saudi Arabia, Singapore, Sudan, Taiwan, Tanzania, the USA, Venezuela
and, of course, in the UK.
Roger is a member of the HKIAC Panel of Arbitrators, the Panel of KCAB International Arbitrators, the

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