Jonathan Selby was called to the Bar in 1999 and, after pupillage, became a member of Keating Chambers in 2001. His range of work covers all types of construction and engineering disputes. He has acted in many trials both in his own right and as Junior Counsel. Jonathan has also appeared without a leader in the Court of Appeal and Privy Council.
In addition to court appearances and advisory work, Jonathan has drafted statements of case and assisted in case preparation for court proceedings, arbitrations and adjudications on behalf of both international and domestic clients. He has also represented clients in mediation.
Recommendations
Construction
“as sharp as they come”...“has beguiled peers and solicitors with his effective negotiation skills”...“has an incredibly old head for such young shoulders.”
Chambers and Partners 2009
Examples of recent work
Construction
- Jonathan regularly advises and acts for employers, contractors and sub-contractors in connection with the various JCT standard form contracts in relation to all sizes and type of project.
- Instructed (as Junior Counsel to Alexander Nissen QC) on behalf of an international company seeking damages for the cost of replacing the air conditioning system in its European headquarters building.
- Represented a leading UK construction company in connection with a claim for the cost of rectifying a substantial number of defects in a sixth-form college.
- Represented a Local Council (as Junior Counsel to Marcus Taverner QC) in connection with a claim for declarations regarding the terms and scope of a contract it had concluded with the main contractor for the construction of a public swimming pool.
- Acted for a large fit-out contractor in a claim against one of its sub-contractors for the return of money paid by mistake.
- Represented a contractor in an adjudication regarding the scope of works and maintenance obligations under a PFI contract relating to a school, library and community centre.
- Advised a major UK contractor in connection with its extension of time claim on a major hospital PFI project.
- Represented a contractor in a claim for outstanding payment in relation to the construction of a hotel. The issue concerned whether the contractor entered into a contract with the employer or whether the contractor was in fact a sub-contractor with no direct right of action.
- Represented a large regional building contractor in the trial of a claim for delay and defective workmanship brought by the owner of a building which was converted into a restaurant and flats.
- Advised and acted for and against developers in claims by disappointed house purchasers in connection with new homes and apartments.
- Drafted documentation for and appeared in several adjudications concerning both residential and commercial developments.
- Advised on jurisdictional issues such as whether the Housing Grants Act applies to a particular contract. Also acted on several occasions in adjudication enforcement proceedings and in applications to stay the execution of judgment relating to adjudicator’s decisions.
- As well as having acted in a number of arbitrations, Jonathan has obtained a stay to arbitration of proceedings commenced in the Chancery Division by a large property developer relating to the alleged miscalculation of the purchase price of residential properties.
Professional Negligence
- Instructed (as Junior Counsel to Marcus Taverner QC) on behalf of a property developer in connection with claims against its quantity surveyors and structural engineers arising out of the Regent Quarter Development in Kings Cross, London.
- Acted in a five-week trial (as Junior Counsel to Adrian Williamson QC) where the architect, engineers and project manager were alleged to have been negligent in their design and supervision of a £4 million residential property in Jersey to such an extent that the property was demolished and had to be rebuilt.
- Acted in architect’s negligence claims relating among other things to the roof design of hospital accommodation, the refurbishment of a restaurant and the fit-out of a large Central London office building.
- Represented a property company in a 2-day trial where an architect was alleged to have acted negligently in the obtaining of planning permission.
- Instructed in two claims against quantity surveyors in respect of under-estimation of the cost of building works.
- Represented a firm of surveyors in the trial of a professional negligence claim brought by property owners arising out of restoration works to a 400 year old cottage which had been seriously damaged by fire.
- Successfully defended project managers against allegations of negligence surrounding the fit-out of a men’s fashion store in Covent Garden. Also acted for an employer alleging negligence against their project managers in connection with the renovation of an exclusive Central London Hotel.
- Acted for and advised claimants with claims against structural engineers in connection with negligent foundation designs.
- Advised and represented parties in mediations relating, among other things, to claims for professional negligence and claims for the return of money paid by mistake.
Energy
Insurance
- Jonathan has experience in relation to claims under insurance policies including professional indemnity policies, NHBC policies, the Zurich Building Guarantee and home insurance policies.
- Acted for a large insurance company (as Junior Counsel to Rosemary Jackson) in connection with a £750,000 claim by home-owners for the cost of reinstating an old barn which had burnt down in a fire. The trial resulted in success for his client who recovered their costs on an indemnity basis.
Rail
- Advised a contractor responsible for the maintenance of the London Underground lines in relation to the termination of one of its sub-contracts.
- Acted (as Junior Counsel to Richard Fernyhough QC) for a telecommunications provider in an adjudication regarding the scope of its testing obligations in respect of communications systems on the London Underground.
- Instructed in a claim regarding project management and cleaning supervision services relating to Tube trains at two particular depots.
- Advised a points heating sub-contractor in relation to claims for outstanding payment on works relating to the Channel Tunnel Rail Link.
Party Walls
- Advised and acted for parties in connection with issues arising under the Party Wall Act 1996 and appeals in respect of party wall awards.
Appellate work
- Acted in the Court of Appeal in connection with a claim for trespass to land (which raised issues of public law and statutory interpretation regarding the Highways Act). Drafted objections to the granting of permission to appeal to the House of Lords in the same case, following which the House of Lords refused permission to appeal.
- Appeared (without leader) in the Privy Council on an appeal relating to a construction project in St Lucia.
Other
- Represented and advised homeowners in respect of applications under the Access to Neighbouring Land Act 1992.
- Represented a Defendant to an environmental prosecution (breach of the Waste Management Legislation) in the Magistrates Court.
- Jonathan has also handled cases on general Sale of Goods disputes (including disputes relating to furniture, building materials and a yacht), copyright in architect’s design, statutory demands, winding-up and bankruptcy petitions.
Publications
- Researcher, Keating on Construction Contracts - Eighth Edition (2006).
- Contributor to Engineers' Dispute Resolution Handbook.
- Awarded a commendation in the Society of Construction Law Hudson prize essay competition (2002-2003).
- Winner of the Bar Law Reform Essay Competition (Category A, 2002) with an essay on expert witness immunity published in Counsel. The Judges of the competition were Carnwath LJ, Beatson J, Lord Brennan QC and Brian Langstaff QC.
Jonathan regularly lectures and gives seminars to audiences ranging from firms of solicitors to the University College, London, Alternative Law Society.
He has also written articles for the Times Law Section, the ICE Construction Law Review and the Journal of the Expert Witness Institute
Professional CV
MA in Law, St. Catharine’s College, Cambridge 1st Class (placed third in the year)
CJ Hamson Prize for Aspects of Obligations, University of Cambridge
Called to the Bar (Gray’s Inn)
Marshalled Colman J in the Commercial Court
Research Assistant, Law Commission (Company and Commercial Law Team)
Pupillage, Keating Chambers
Keating Chambers
TECBAR Accredited Adjudicator
Public Access Training | 1998
1998
1999
1999
1999-2000
2000-2001
2001
2007
2008 |
Membership
Technology and Construction Bar Association (TECBAR)
Society of Construction Law
Commercial Bar Association (COMBAR)
London Common Law and Commercial Bar Association.
Other Information
Jonathan plays football and tennis regularly and enjoys food and all that Central London has to offer.
Contact UsIf you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact the Senior Clerks,
John Munton and
Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.
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