Rail dispute resolution

Fares indexation

Advising a TOC in relation to a significant multi-million dispute arising out of the impact of a change in government fares regulation policy including which fares were affected, the TOC's obligations as a result of the change and modelling the impact of the change.

Revenue indexation

Advising a TOC in relation to a £9 million claim relating to the amounts attributed to staff costs and how those staff costs were to be indexed under the franchise agreement.

Timetable planning rules

Advising in relation to a dispute under the Access Dispute Resolution Rules arising out of proposed changes to the Timetable Planning Rules that had a detrimental impact upon the proposed services.

Construction and engineering dispute resolution

Major international contractor

Acting for ABB Ltd in a £50 million dispute with its sub-contractor BAM Nuttall Ltd arising from power upgrade works to the London Underground. Acting in adjudication and in subsequent TCC application – see ABB Ltd v BAM Nuttall Ltd [2013] EWHC 1983 (TCC)

South African contractor

Acting for a South African main contractor in a dispute with its employer arising out of works carried out to a power station near Johannesburg under a bespoke contract. In particular advising on the implications of the extension of time provisions within the contract not being adequate and the application of the prevention principle in South Africa.

South African contractor

Acting for a South African sub-contractor in a dispute with its main contractor in adjudication arising out of works carried out to a power station near Johnannesburg under a NEC3 form of contract and in particular claims for time and money arising out of compensation events

Walter Lilly

Acting for Walter Lilly in successfully defending an application to appeal the most significant recent construction law judgment of Walter Lilly v Giles Mackay - [2013] EWCA Civ 142 (Court of Appeal)

Luxury hotel

Acting for a luxury hotel in London in a significant dispute with its fit-out contractor for a new spa complex regarding claims for extensions of time and loss and expense.

Façade dispute

Acting for the residents of a luxury apartment building in a dispute arising from defects in the façade against both the main contractor and specialist sub-contractor.

District energy dispute

Acting for a major international energy company in a dispute with the contractor appointed to carry out enabling works for a district heating network.

Commercial litigation

Rail disputes

Acting for a franchisee in an £8 million claim for under-funding pursuant to its franchise agreement.

Acting for a franchisee in a contractual dispute regarding provision of transport for its staff.

Acting for a franchisee in relation to claims arising from damage caused to rolling stock due to an accident caused by a falling tree.

Fee dispute

Acting for a major international energy provider in a £4 million fee dispute with its former claims consultants.

Construction and engineering

Experience in a wide variety of claims arising from construction and engineering projects in adjudication, litigation, arbitration and ADR. Recent experience includes:

Defects claims

Façade dispute
Acting for the residents of a luxury apartment building in a dispute arising from varied and significant defects in the façade against both the main contractor and specialist sub-contractor.

Major energy provider
Acting for a major energy provider in a dispute with its sub-contractor including a counter-claim for defects in enabling works carried out to install a district heating network.

Precious metal refiners
Acting for a company specialising in precious metal refining in relation to claims arising from a defective boiler designed and installed at one of its refineries by a specialist boiler company.

Payment claims

Developer client
Acting for a developer in adjudication defending a claim brought in adjudication on the basis of an alleged failure to provide a pay less notice within the required timeframe

Fee dispute
Acting for a major energy provider in defending a claim brought in arbitration by its former claims consultants regarding fees allegedly due under a success fee agreement.

Delay and disruption claims

Luxury hotel
Acting for a luxury hotel in London in defending claims brought in adjudication by its fit-out contractor for extensions of time and associated loss and expense.

ABB
Acting for ABB Ltd in a £50 million dispute with its sub-contractor BAM Nuttall Ltd arising from compensation event claims under a NEC3 contract for power upgrade works to the London Underground. Acting in adjudication and in subsequent TCC application – see ABB Ltd v BAM Nuttall Ltd [2013] EWHC 1983 (TCC)

South African contractor
Advising a South African main contractor on two disputes in adjudication arising out of works to two power plants near Johannesburg. The disputes concerned claims under a NEC3 form of contract relating to compensation events.

Rail and road

Recent experience in rail disputes includes:

Acting for a franchisee in an £8 million claim for under-funding pursuant to its franchise agreement.

Acting for a franchisee in a contractual dispute regarding provision of transport for its staff.

Acting for a franchisee in relation to claims arising from damage caused to rolling stock due to an accident caused by a falling tree.