Gaynor Chambers was called to the Bar in 1998 and has been a practising barrister in Keating Chambers since 1999.
Gaynor practices principally in the fields of energy and utilities, professional negligence and construction and engineering, and has built a strong reputation due to her commercial approach, interpersonal abilities, and previous background and experience in building surveying.
She has considerable experience in pre- trial and trial advocacy in the UK Courts (particularly the TCC). Gaynor is also regularly instructed in international arbitrations, particularly in relation to oil and gas developments, and practices in a wide range of forums including adjudication, mediation, expert determination and arbitration. She is a TECBAR accredited adjudicator and is on the IChemE Approved Panel of adjudicators.
Gaynor is experienced in advising on many standard forms, ranging from the IChemE, NEC and MF/1 to partnering contracts such as the PPC2000 and TPC2005, and has a particular interest in and knowledge of the JCT 2005 contracts as one of the editors of “Keating on JCT Contracts”.
Recommendations
Energy
"So bright it is hard to keep up with
her"..."an incredible ability to process and assimilate huge volumes
of information…. “is noted for the quality of her performances”… “very focused"..."someone who really
drills down to the issues in a case"...
Chambers and Partners, 2012, 2013
Professional Negligence
"Well organised and very bright."
Chambers and Partners, 2012
Construction
"Bright and extremely committed”...“a sensible, bright and forthcoming advocate"...“sterling work in professional liability disputes, particularly with regard to oil and gas developments”...“fine reputation among the construction community”...“leaves no stone unturned”...“a hard-working and belligerent advocate”…. “known for her pragmatic, common-sense approach...her diligence and commercial insight have particularly impressed”...
Chambers and Partners 2005, 2006, 2008, 2009, 2010, 2011, 2012, 2013
Recent Work
Oil, Gas and Energy
- Advising and undertaking the pleading of Points of Claim in relation to the design and construction of an offshore pipeline off the coast of Angola.
- Acting as junior counsel for the owner in an international arbitration concerning the design of an onshore processing facility in Eastern Europe. Settled pleadings, advised and appeared as sole counsel at interlocutory hearings.
- Junior in $100m dispute related to a gas processing plant in the Middle East.
- Junior in a £9m dispute (and 28 day TCC trial) concerning process and vibration issues on a North Sea oil platform.
- Advising in relation to commissioning and recovery of a North Sea oil platform.
- Three week TCC trial in relation to dispute arising out of piping works at a UK biofuel plant (IChem E Red Book). Appeared as junior counsel and undertook cross examination of factual witnesses, as well as dealing with pre- trial hearings as sole counsel.
- Junior in a £10m dispute related to an innovative gas turbine in the UK.
- Junior in adjudication relating to defective design of bioethanol plant (amended IChem E Red Book)
- Advice on disputes related to the construction and operation of wind turbines under contracts ranging from £500,000 to several million pounds.
Environmental, Sewage and Wastewater Treatment
- Acting as junior counsel in a claim concerning defective design of a secondary treatment plant (£85 million claim). Advisory work, settled pleadings, and appeared as sole counsel at interlocutory hearings.
- Substantial experience acting for utilities in relation to matters arising out of the Water Act 1991 and related legislation.
- Advising in several disputes arising out of energy recovery and leachate treatment plants, with claims ranging from £200,000 to £2,600,000.
- Advice on disputes relating to contaminated land.
General Construction (Litigation, Arbitration and Adjudication)
- Advice on bonds
and guarantees (appeared as junior to Marc Rowlands QC in Simon Carves Limited v Ensus UK Limited
[2011] EWHC 657 (TCC); [2011] B.L.R. 340; 135 Con. L.R. 96)
- Advising and
acting in relation to disputes arising out of PFI contracts, primarily in
relation to the refurbishment and subsequent maintenance of UK hospitals.
- Acting as
junior counsel in a TCC case concerning defective welding of modular
units. The case involved both technical issues and the proper construction
of a sale and purchase agreement.
- Advising on
matters arising out of partnering contracts such as PPC2000 and TPC2005,
and the 2005 Suite of JCT Contracts, in particular the JCT Framework Agreement
and JCT Major Projects Form.
- Advising and
acting in disputes relating to asbestos releases in public and commercial
buildings and other health and safety related matters.
- Advising and
acting in various cases concerning subsidence, landslip and coastal
erosion.
- Advising local
authorities and other employers on matters ranging from procurement to
final account and defects claims.
- Instructed as a Treasury junior in a multi million pound arbitration relating to design responsibilities and defects on a new-build project.
- Appeals from arbitrator’s decisions.
- Drafting of adjudication notices, referrals and responses, including specific sections on particular legal points.
- Adjudication enforcement experience including Griffin v Midas Homes Limited [2002] 78 Con LR 152, [2002] Col 18 No 1 Con LJ 67 and preliminary advice in Davis McClean Contractors Ltd v Swansea Housing Association Limited [2002] CILL 1811, along with Westminster Building Co Ltd v Andrew Beckingham [2004] BLR 163, Air Design (Kent) Ltd v Deerglen (Jersey) Ltd [2008] BLM Vol.26 No 1 TCC and YCMS Ltd v Grabiner [2009] EWHC 127 (TCC).
Professional Negligence
- Advising and
acting in arbitrations relating to the scope of cover under professional
liability insurance policies.
- Junior in Munckenbeck
& Marshall v The Kensington Hotel Limited [2000] 78 Con LR 71 (Architect’s
negligence).
- Junior in Offer-Hoar
v Larkstore Ltd [2005] All ER (D) 45 TCC (a landslip case
concerning negligence arising out of soil investigation report,
issues on assignment of loss dealt with at first instance and in the Court
of Appeal).
- Sole counsel in
various Architect’s negligence cases, ranging from domestic extensions to
large scale commercial developments.
- Sole counsel
and junior in various engineering related disputes, in particular those
arising out of deficiencies in the provision of chemical engineering
services.
Mining
- Advising in relation to a mining surveyor's negligence and/or breach of duty under the Mines and Quarries Act 1954 and the Management and Administration of Safety and Health in Mines Regulations 1993, and mining subsidence claims under the Coal Mining Subsidence Act 1991.
- Appeared as a junior in Mason v The Coal Authority (QBD, 15/3/2001, unreported) dealing with the Coal Authority's liability in negligence when preparing reports on mineshafts and adits.
Shipbuilding
- Advising and
acting in disputes arising out of the design and construction of super-yachts.
- Advising in a
dispute arising out of the environmental impact of dredging.
Publications
- Researcher, Keating on Construction Contract - Ninth Edition (2012)
- Getting To Grips With Complexity, Dredging and Port Construction, July 2011.
- Keating on JCT Contracts [Looseleaf & CD-Rom] Member of Editorial Team.
- Commentary on the 2005 JCT Suite of Contracts to be published by Sweet and Maxwell
- Engineer’s Dispute Resolution Handbook Editor: Robert Gaitskell (Thomas Telford, 2006) Author of chapter on dispute avoidance.
Education and Professional Career
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BSc (Hons) Building Surveying (1st)
Post Graduate Diploma in Law (Commendation)
Bar Vocational Course (Very Competent).
Harmsworth Scholarship, Middle Temple
Called to the Bar, Middle Temple
Pupillage, Keating Chambers
Keating Chambers
TECBAR accredited adjudicator
Public Access Training
(IChemE) Approved Panel of Adjudicators
|
1998
1998-99
1999
2008
2012 |
Membership
Society of Construction Law and the Commercial Bar Association.
Other Information
Gaynor's main interests are food, wine and hiking.
Contact Us
If you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact Senior Clerk,
Nick Child, in the first instance, on +44(0)20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.
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Recent Work
Three week TCC trial: dispute arising out of piping works at a UK biofuel plant (IChem E Red Book).
Acting as junior counsel in claim concerning defective design of a secondary treatment plant (£85 million claim).
Matters arising out of the Water Act 1991 and related legislation.
Advice on bonds and guarantees including acting as junior counsel in Simon Carves Limited v Ensus UK Limited [2011] B.L.R. 340 [Ensus] which concerned the extent to which a party may be prevented from seeking payment under an “on demand” bond by the terms of the underlying contract.
Advising and acting in disputes arising out of PFI contracts, primarily in relation to the refurbishment and subsequent maintenance of UK hospitals.
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