Finola O’Farrell QC was called to the Bar in 1983 and has been a practising barrister in Keating Chambers since 1985, specialising in construction and engineering disputes and domestic and international arbitration. Her practice covers the full range of cases, including loss and expense claims; ship building disputes, information technology, insurance and energy disputes, professional negligence, bonds and guarantees, and health and safety matters.
Although increasingly involved in international arbitration work since taking Silk in 2002, Finola O’Farrell QC continues to appear in reported cases and other significant domestic work. This year her work has included litigation concerning major rail infrastructure contracts, international arbitration concerning a commercial property dispute in the Middle East, expert determination in respect of a PFI road infrastructure contract and international arbitration concerning a shipbuilding project. Much of her time has been spent advising and acting in respect of a number of civil engineering and energy disputes. She has also acted in adjudications and mediations on various construction and engineering developments. She was appointed as a Recorder in 2008.
Recent reported cases
Bovis Lend Lease Ltd v Trustees of the London Clinic [2009] EWHC 64 (TCC) concerning the enforcement of an adjudication award, this case considered whether there was a crystallised dispute between the parties, whether there had been any material breach of the rules of natural justice and whether the award could be severed for the purposes of enforcement.
Van Der Giessen De Noord Shipbuilding Division BV v Imtech Marine & Offshore BV [2008] EWHC 2904 (Comm) the commercial court considered whether parts of an arbitration award should be set aside or remitted on the grounds of serious irregularity under Section 68(2) of the Arbitration Act 1996.
London Underground Ltd v (1) Metronet Rail BCV Ltd (2) Metronet Rail SSL Ltd [2008] EWHC 502 (TCC) the TCC considered whether, on the proper interpretation of the PPP service contracts between the parties, London Underground was entitled to issue a corrective action notice in respect of the defendants’ failure to deliver certain station upgrades within specified time limits.
Metronet Rail BCV Ltd v London Underground Ltd [2007] All ER (D) 99 TCC the case concerned a dispute over responsibility under a PPP London Underground network project for power upgrade works. The issue was whether the Defendant’s obligation to procure power upgrade works at no cost to the Claimant extended to voltage support works to meet operational power standards. On a true construction of the contract, responsibility for the voltage support works was held to be the Claimant.
HG Construction Ltd v Ashwell Homes (East Anglia) Ltd [2007] All ER (D) 210 TCC in which an adjudicator held that LAD provisions under JCT 98 Contract with Contractor’s Design were enforceable but on a later reference of a differently worded dispute to another adjudicator, the Claimant obtained a finding that the LDs were invalid. The Claimant brought proceedings to enforce the latter award, but the court held that the second adjudicator should have regarded the existing decision as binding.
Bella Casa Ltd v Vinestone Ltd [2006] BLR 72 an important TCC decision on the measure of damages in respect of loss of use of a residential building following allegedly defective design and construction work.
Recommendations
Construction
“diligent and pragmatic”...“a robust advocate who gives clear advice and very quickly grasps the complex points.”
Energy
"an extremely clear-thinking and effective advocate who really gets stuck in."
Chambers and Partners 2010
Construction and International Arbitration
“She is a good, thorough advocate who is always well prepared.”
Energy and Natural Resources
“Peers have been impressed with her serene and self-possessed demeanour in court.”
Chambers and Partners 2009
Energy
“a sharp focus on detail and an effective advocacy style.”
Construction
“quiet and unobtrusive style masks a determined advocate with a great eye for detail.”
International Arbitration
“bright and busy, with a tremendous eye for detail”…“favourable success rate”…“phenomenally quick and robust.”
Commercial Arbitration
"recommended for her Middle East work."
Legal 500 2009
Chambers & Partners 2008
“reputation continues to soar”… fluent, both in terms of the law and her delivery of it," clients find Finola O'Farrell QC a reassuring presence in high pressure circumstances…"very good on the detail"…"knows energy inside out"…"a superb silk who is really good on technical disputes within contracts"...excellent strategically and tactically."
Recommended as a Leading Silk in Energy and Natural Resources
Chambers & Partners / Chambers Global / Legal 500
Examples of recent work
Construction and Engineering
- Appeared as an advocate in litigation and adjudication concerning major PPP rail infrastructure contracts.
- Acted in a number of disputes concerning major commercial building and civil engineering developments in the UK, including a landmark sports stadium in London.
- Advocate in a Dutch arbitration concerning electrical works disputes arising out of a shipbuilding project.
- Advocate in a domestic arbitration in the Middle East in relation to a complex road interchange where completion of the works was substantially delayed. (Arbitration in Dubai, UAE law).
Energy
- Acted as Counsel for the employer in an international arbitration under LCIA rules concerning specification and delay to the construction of two ultra harsh condition jack up oil rigs.
- Appeared as advocate in arbitration and litigation involving an oil and gas floating production facility in the North Sea.
- Advised on a number of claims against an engineering company, which manufactured feed water heaters for power stations in the UK and Middle East, following its sale to another group.
- Advised in an international arbitration on quality of supply and “take or pay” provisions in respect of gas production in the South China Sea.
- Acted for the contractor in proceedings in the English Courts (Technology & Construction Court) in relation to construction works at a nuclear material reprocessing plant.
Commercial
- Appeared as advocate in a commercial property dispute in the UAE against US attorneys.
- Appeared as advocate in the commercial court concerning challenges to an Arbitration Award on grounds of procedural irregularity.
Professional Negligence
- Appeared as advocate in multi-party litigation concerning the design and construction of a fire training centre.
- Advised in multi-party litigation arising out of the spontaneous failures of glass in a railway terminal.
Information Technology
- Appeared as an advocate in litigation concerning the supply and installation of a computer security system for a large corporation.
- Appeared as advocate in litigation on incompatibility between computer software and hardware.
Publications
- Editorial Team, Construction Law Reports
- Editor, Chambers Construction Law Case Database.
- Editorial team, Sweet & Maxwell electronic Construction Law Service.
- Editorial team, Keating on Building Contracts (5th, 6th and 7th editions).
Seminars
Finola O’Farrell lectures regularly to various professional bodies and solicitors.
Professional CV
BA in Law, University of Durham
Called to the Bar, Inner Temple
Keating Chambers
Queen’s Counsel
TECBAR Accredited Adjudicator
ADR Accredited Mediator
Recorder | 1982
1983
1985
2002
2004
2004
2008 |
Memberships
Standing Conference of Mediation Advocates
Commercial Bar Association (COMBAR)
Technology and Construction Bar Association (TECBAR)
UK Energy Law Group
Society of Construction Law (SCL)
Other Information
Finola O’Farrell is a member of the Inner Temple panel for scholarships.
She enjoys theatre, music and horse riding in her spare time.
Contact Us
If you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact the 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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