Paul Bury takes instructions in a broad range of domestic and international commercial construction, professional negligence, infrastructure projects, energy, and regulatory law.
Since commencing practice Paul has gained experience in cases ranging from low value commercial claims in the County Courts through to being instructed in highly complex and high-value international arbitration and Court proceedings, including two recent and lengthy trials in the High Court (TCC).
Paul regularly represents clients in Court in his own right, and has conducted several multi-track trials in the Country Court, applications in the High Court, and numerous County Court fast-track and small claims trials concerning a wide range of disputes relating both to construction and other matters. Paul has also advised on the merits of claims for employers, residents and contractors, and on matters relating to environmental regulation (noise control). Finally, Paul has drafted pleadings in all forms of dispute resolution, including for proceedings in the High Court, County Court, arbitration and adjudication. Paul has extensive knowledge of the JCT, NEC and FIDIC standard form contracts.
Having previously worked for a leading international law firm in Brussels on complex regulatory issues involving blue-chip international companies, Paul is adept at taking a commercial approach to legal issues and dispute resolution. Paul is also comfortable dealing with questions of EU law, and applying these to both domestic and international commercial situations.
Recent Work
Construction
- Acted as Junior Counsel for the contractor in a five-week trial in the High Court (TCC) concerning the construction of a Soft Yoke Mooring System in the Caspian Sea involving issues of termination of the Contract, concurrent delay and prevention.
- Acted as Junior Counsel for the employer in a three-week trial in the High Court (TCC) concerning construction of a bio-mass fuel plant in North East England under the IChemE Red Book contract involving issues of termination of the Contract and delay.
- Instructed as part of the Counsel team in preparation of a substantial claim in arbitration relating to engineering issues with a bridge in Hong Kong.
- Instructed by the Treasury Solicitor as part of the Counsel team in a multi-million pound construction arbitration concerning the redevelopment of accommodation at a British Naval base involving disputes over interim payments and variations, including ground conditions.
- Acted as part of the Counsel team on a multi-million dollar international arbitration dispute relating to commercial premises in Russia involving issues of defects and remedies.
- Sole Counsel in a 4-day multi-track trial successfully recovering unpaid architect’s fees. The dispute included defending a counterclaim for architect’s professional negligence and an architect’s responsibility for delays to a construction project, including expert evidence on professional negligence and consideration of the RIBA Conditions for Appointment for a Domestic Project contract.
- Appeared as sole Counsel in a 2-day multi-track trial concerning the terms of a contract, defects, and what represented a reasonable sum for works under the Supply of Goods and Services Act 1982.
- Represented a contractor in a 1-day trial involving a dispute with a subcontractor over defects and unpaid invoices.
- Drafted pleadings and advised on procedure in a final account dispute involving issues of defective workmanship, withholding of sums and liquidated damages under the JCT Minor Works Building Contract.
- Drafted pleadings for an architect to defend claims of professional negligence made by an employer in its counterclaim against a claim for unpaid invoices.
- Advised and drafted particulars in a six-figure claim by a homeowner against piling contractors.
- Advised residents on the merits of a claim in negligence against builders for dry rot.
- Advised employers for the construction of a Primary Care Centre under the JCT Design and Build Contract 2005 revision 2 on the prospects of defending a claim for an extension of time and loss and expense.
- Advised and drafted pleadings for a contractor in a contract/no contract case on the prospects of successfully claiming for delay and disruption.
Energy
- Acted as Junior Counsel for the contractor in a five-week trial in the High Court (TCC) concerning a Soft Yoke Mooring System for oil tankers in the Caspian Sea involving issues of termination of the Contract, concurrent delay and prevention.
- Acted as Junior Counsel for the employer in a three-week trial in the High Court (TCC) concerning a bio-mass fuel plant in North East England under the IChemE Red Book contract and involving issues of termination of Contract and delay.
- Advised and drafted correspondence for a major construction company in relation to a claim concerning duty of care in tort, and statutory duties under the Gas Act, and various Gas Regulations.
Professional Negligence
- Counsel in a 4-day multi-track trial successfully recovering unpaid architect’s fees. The dispute included defending a counterclaim for the architect’s professional negligence, and an architect’s responsibility for delays to a construction project including expert evidence on professional negligence and consideration of the RIBA Conditions for Appointment for a Domestic Project contract.
- Drafted pleadings for an architect to defend claims of professional negligence made by an employer in its counterclaim against a claim for unpaid invoices.
- Advised a homeowner on the merits of a claim against an architect for breach of duty to supervise construction works.
Adjudication
- Instructed in resisting enforcement of an Adjudicator’s decision for breach of natural justice and excess of jurisdiction.
- Advised a hotel decoration contractor on the merits of proceeding in an adjudication against the employer under the JCT Minor Works building contract.
Party Walls Act, Boundary and Neighbor Dispute
- Appeared in a successful application to strike out an appeal against a Party Wall Act decision.
- Advised in a nuisance claim where there was a failure to comply with the Party Wall Act.
- Advised and drafted pleadings in a claim for trespass in a boundary dispute.
- Advised on steps to abate noise pollution from a commercial property.
Other
- Public Procurement - Instructed by the Treasury Solicitor in preparing an application to overturn automatic suspensory effect of a procurement challenge.
- Acted on a pro bono basis in procedural applications in a misrepresentation case.
- Appeared in several County Court trials on telecommunications disputes involving issues of contract and tort, including successfully defending a claim for loss of internet and telephony supply, and successfully claiming against a Local Council for damage to cables.
Publications
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Author of Questioning the foundations of the complex structure theory (Keating Chambers Construction Update, Winter 2012)
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Contributor to the Construction Law section to the Law Brief Update newsletter (2011 - 2013)
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A More Open Competition: will third-party litigation funding level the litigation playing field? (New Law Journal, 16 May 2008).
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Getting the Deal Through: Gas Regulation 2007 (Global Competition Review, 2007).
Education and Professional Career
Lenzie Academy, Glasgow
Pembroke College, Oxford University – BA (Law)
Pembroke College, Oxford University – BCL
Cleary Gottlieb Steen & Hamilton LLP, Brussels
College of Law, London – BVC (Very Competent)
Called to the Bar (Inner Temple)
Research Assistant, Keating Chambers
Parliamentary Assistant, European Parliament, Brussels
Pupillage, Keating Chambers
Keating Chambers |
1995 – 2001
2001 – 2004
2004 – 2005
2005 – 2007
2007 – 2008
2008
2008 – 2009
2009 – 2010
2010 – 2011
2011 |
Awards
Exhibitioner, Inner Temple
Inner Temple Lawson Moot Finalist |
2007
2008 |
Other Information
Paul enjoys watching and playing sports, including football, rugby and tennis. He also has a keen interest in film and music.
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
Acted as Junior Counsel for the contractor in a five-week trial in the High Court (TCC) concerning the construction of a Soft Yoke Mooring System in the Caspian Sea involving issues of termination of the Contract, concurrent delay and prevention.
Sole Counsel in a 4-day multi-track trial successfully recovering unpaid architect’s fees. The dispute included defending a counterclaim for architect’s professional negligence and an architect’s responsibility for delays to a construction project, including expert evidence on professional negligence and consideration of the RIBA Conditions for Appointment for a Domestic Project contract.
Acted as Junior Counsel for the employer in a three-week trial in the High Court (TCC) concerning construction of a bio-mass fuel plant in North East England under the IChemE Red Book contract involving issues of termination of the Contract and delay.
Instructed as part of the Counsel team in preparation of a substantial claim in arbitration relating to engineering issues with a bridge in Hong Kong.
Public Procurement - Instructed by the Treasury Solicitor in preparing an application to overturn automatic suspensory effect of a procurement challenge.
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