Profiles

Sole Counsel on ICC Arbitration

Instructed to represent the defendant energy company on a two day ICC Arbitration heard by a distinguished panel of three arbitrators. The claim related to design works for a Flue Gas Desulphurisation project in Eastern Europe with a claim value of approximately $1.5m.  The issues included jurisdictional challenges and the correct interpretation of a letter of intent plus a final account claim.

Junior on Construction related litigation in the High Court

Drafted an extensive defence and counterclaim for a party at the end of a chain of contracts and facing a multi-million pound claim. Following his initial drafting role, Thomas was instructed to assist in the preparation of the claim up to and through the three week trial with particular responsibility for the drafting of witness evidence, management of expert evidence and more generally assisting his silk in the lead-up to trial. While the claim settled immediately before the hearing, the matter of costs was reserved to the court if not agreed. Having failed to reach an agreement on costs, the matter was heard over a two day hearing in the TCC.

Junior on Energy related international arbitration

Drafted defence in a multi-million Euro claim for liquidated damages arising out of a project for the refurbishment of a power station in Eastern Europe. Work included coordination of witness evidence, delay analysis, detailed quantum analysis, and drafting of legal submissions.

Junior on IT related litigation in the High Court.

Worked on the production of witness evidence and detailed quantum analysis in the lead up to trial for a major telecommunications company. The claim related to defective bespoke software solutions provided by the other party.

Court of Appeal Experience

Drafted appeal proceedings against a decision of the High Court not to enforce an adjudicator’s award where the opposing party alleged that there were orally agreed terms which were material to the dispute.

Opposed an application for permission to appeal in a banking related dispute. 

High Court Advocacy Experience

Appeared in a number of proceedings applying for, and opposing, the enforcement of an adjudicator’s award. Particular experience in issues relating to proper service of adjudication and court proceedings, and the issue of whether orally agreed terms can be used as a basis for resisting enforcement of an award.

Regularly instructed to appear at short notice in case management conferences covering issues such as disclosure, witness evidence, expert evidence and various costs issues.

County Court Advocacy Experience

Appeared in a number of multiple-day, multi-track trials on matters concerning the Party Wall Act, final accounts, delay and disruption claims, and various other construction related disputes.

Appeared in several one day trials on matters as diverse as defective workmanship and materials in construction related claims, negligent design work, claims under a mortgage account, and a car insurance dispute.

Appeared in multiple half-day hearings on issues such as applications to stay to arbitration, applications for summary judgment, applications to strike out claims following expiry of the limitation period, and applications to set aside default judgement.

Adjudication

Thomas is regularly instructed to prepare notices, referrals and responses in both statutory and contractual adjudication proceedings. He is happy to accept instructions prepare the best possible defence when proceedings are served with little prior notice. He is able to quickly advise on the merits of attacking an adjudicator’s jurisdiction and can also advise on issues that arise in the course of proceedings such as dealing with breaches of natural justice, and applications for extensions of time. Following the adjudicator’s award, Thomas can draft and pursue enforcement proceedings quickly and efficiently.

Mediation

Thomas has participated in a number of mediations as counsel and, convinced by the efficacy, usefulness and longevity of this form of ADR, trained to become an accredited mediator in 2009. Thomas is a member of the Civil Mediation Council.

Advisory Work

• Thomas’ advisory and general drafting work has covered a vast range of issues including:
  
  
• The meaning and effect of various provisions in standard forms of contract including the NEC3, FIDIC and JCT forms of contract.
  
  
• Delay and disruption claims;
  
  
• Limitation periods under the Defective Premises Act;
  
  
• Professional negligence by structural engineers;
  
  
• Claims for restitution where no contract has been agreed;
  
  
• The meaning and effect on various exclusion clauses;
  
  
• Issues of causation where the employer had disabled safety management systems that might have avoided damage to property;
  
  
• Assessing the potential liability of a main contractor to the employer for the purposes of final account negotiations on an energy related dispute;
  
  
• Ability of new owners of a property to claim compensation for defective workmanship and/or materials from a builder who was not party to the sale agreement;
  
  
• Liability of an architect for failure to properly administer a building contract;
  
  
• Formation of a contract and the retrospective effect of variation agreements;
  
  
• Liability of mechanical and electrical designers for breaching noise requirements set out in an agreement for lease;
  
  
• Enforceability of various adjudicator’s awards;
  
  
• Enforceability of personal guarantees following non-performance of the principal;
  
  
• Liability of manufacturers and installers for defective materials and/or workmanship in respect of the supply of bathrooms, kitchens and conservatories and swimming pools;
  
  
• Liability of engineers in respect of temporary works design;
  
  
• Prospects of appeal in a claim for an account of secret profits.