Justin Mort specialises in construction and engineering disputes, and has particular experience of energy projects, PFI projects, delay, unforeseen physical conditions and other contractor claims, professional negligence claims and other technical disputes. He is familiar with most standard forms including NEC (2nd and 3rd editions), and forms published by JCT, ICE and FIDIC as well as SPC 2000. He contributed to Keating on NEC3.
Justin regularly acts in TCC litigation, domestic and international arbitrations, adjudication and mediation. Recent cases of particular interest in court include Rust Consulting Ltd v PB Ltd (trials before Akenhead J and Edwards-Stuart J and two subsequent appeals in the Court of Appeal with David Thomas QC), Alstom v SOMI (claim for an injunction), U&M v KCM (resisting an anti-suit injunction in the commercial court) and Atkins v Secretary of State for Transport (appeal from an arbitrator). Outside the TCC Justin recently defeated a US$57 million adjudication claim.
Justin Mort has appeared in numerous cases arising under the Housing Grants, Construction and Regeneration Act 1996, both relating to adjudication enforcement and to the Act generally. In August 2013 he successfully argued that a collateral warranty was a construction contract for the purposes of the 1996 Act (Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd). He assisted the contractor in the preparation of the House of Lords appeal in Melville Dundas v Wimpey  BLR 257.
Justin Mort is recommended as a leading junior in in Chambers and Partners for construction (band 1) and energy & natural resources. He is also recommended for construction in Chambers Global and the Legal 500.
"Bright, quick, confident, bullish and commercial. Very user-friendly and accessible"..."Justin is a fantastic lawyer as he gets straight into things and works incredibly hard on the detail. He can rip apart cases that need a detailed analysis"..."His advice is very useful and clearly explained - he's genuinely a good guy to work with."
Chambers and Partners 2014
“A strong, forceful advocate who is completely at home in the TCC”...“for a complicated construction matter he will really get into the fine detail and rip it apart”...“he thinks a lot about a case and sees all its nuances”...“good option for handling something that requires a hard-edged commercial settlement.”
Chambers and Partners 2013
“A junior of substantial prowess”..."an intellectual powerhouse”...“down to earth and approachable.”
Chambers and Partners 2012
"Thorough, concise and has a fine eye for detail."
Chambers and Partners 2011
"Has confidence in his own views and doesn't sit on the fence"...“singled out for the strength of his intellect, and his vast knowledge of the technicalities of construction law.”
Chambers and Partners 2010
“Widely recognised for his deeply analytical style and impressive intellect.”
Chambers and Partners 2009
“Individual in his style and superbly thorough.”
“A high-class and extremely hard-working advocate with a fine legal mind.”
“A tough fighter.”
Chambers and Partners 2008/9
"Astute mind" and meticulous touch.
Chambers and Partners 2007
“Good on difficult pieces of law.”
Chambers UK 2006
“Gets ‘fantastic results’ in disputes involving complex points of law.”
Chambers UK 2005
“Effective and reliable.”
Chambers directory 2003-04
“Analytically sharp with a willingness to work as part of a team.”
Chambers directory 2002-03
“Ability to ‘roll his sleeves up on the complex technical stuff’.”
Chambers directory 2001-02
Infrastructure and transport projects:
- Acting for a number of contractors and professionals in claims arising out of various infrastructure projects relating to the Olympics under NEC3 and the NEC3 professional services contract.
- Claim in respect of unforeseen defects arising out of the maintenance of a road network on an amended NEC3 form of contract: adjudication and subsequent arbitration.
- Claim for additional costs arising out of the demolition and construction of a bridge under the A404(M), NEC2 form of contract.
- Acting for the main contractor responsible for connecting new street lighting in two London boroughs over a 6 year period; various disputes referred to adjudication (against Adam Constable QC).
- Acting for Alstom in TCC litigation relating to delay in the design and manufacture of the Pendolino (tilting) trains.
- Acting for the main contractor in disputes arising out of the refurbishment of the Jubilee line under NEC2, led by David Thomas QC.
- Acting for a consultant in dispute about payment and services provided in connection with the Crossrail project.
- Acting for a subcontractor carrying out railway maintenance works under the MF/1 form.
- Acting for HSBC Rail in TCC litigation arising out of the late supply and refurbishment of trains.
Energy and process engineering:
- Final account, termination and delay dispute between main contractor and steelwork sub-contractor arising out of the construction of a power station: various adjudications and litigation (against Marc Rowlands QC and subsequently against Simon Hughes QC).
- Final account dispute arising out of the installation of an uninterruptible power supplies in a data centre: adjudication and subsequent litigation.
- Delay claim arising out of the procurement and construction of a sunflower oil facility in Ukraine: LCIA arbitration, led by Marcus Taverner QC.
- LCIA arbitration concerning the refurbishment of an oil platform in the Middle East: defending the contractor’s delay claim on behalf of the employer.
- Claim by contractor under a FIDIC form for unforeseen grounds conditions arising out of the construction of a hydro-electric dam in Thailand: arbitration.
- Acting for Black and Veatch in a delay claim arising out of the construction of a gas power station in Singapore.
- Acting for the owner in a dispute arising out of the operation of a glass re-cycling facility.
- Acting for the owner in a dispute arising out of an alternative energy project for the production of renewable natural gas.
- Delay claim arising out of the construction of a wind farm in Scotland.
Other engineering or geotechnical disputes:
- Claims by contractor for (a) unforeseen physical conditions and (b) force majeure, arising out of the construction of a landfill site in St Lucia under a FIDIC form.
- Claim in respect of geotechnical engineering services arising out of the construction of a shopping village at Ebbw Vale. Led by David Thomas QC; the case also involved Marcus Taverner QC and Krista Lee who acted for the civil engineer.
- Acting for the employer defending a delay claim arising out of a copper mining project in Zambia, based upon an allegation of failure to dewater the site.
- Assisting Finola O’Farrell QC with proceedings in the TCC arising out of the procurement and construction of a fire training facility in South London.
- Final account dispute arising out of M&E works undertaken at a psychiatric hospital built for North Tyneside and Northumberland Mental Health NHS Trust: trial in the TCC (against Alexander Nissen QC).
- Acting for PFI concessionaire as defendant in TCC claim for additional payment brought by building contractor and as claimant in corresponding pass-through claim against South Tees Acute Hospitals NHS trust.
- Acting for a main contractor in a delay claim against Central Manchester and Manchester Children’s University Hospitals NHS Trust.
- Acting for a groundwork subcontractor in claim arising out of the construction of a community college.
- Acting for the operator of a local authority leisure facility and teaching pool against the maintenance contractor in a series of adjudications.
Justin Mort prepared the section on injunctions in the 9th edition of Keating on Construction Contracts
- Resisting an ant-suit injunction in the commercial court to prevent enforcement of interim injunctive relief obtained in support of arbitration: see arbitration claims below.
- Acting for a contractor seeking an injunction in the TCC to prevent the contractor’s solicitors from acting against it in adjudication proceedings.
- Acting for the claimant in a claim in the TCC for interlocutory and final mandatory injunctions (alternatively: order for delivery up), requiring the return of takeover packages unlawfully removed to Italy.
- Application for injunction and strike out of a winding-up petition in the companies’ court: petition withdrawn and costs awarded on an indemnity basis.
- Resisting an application in the TCC for an injunction requiring the main contractor on a sensitive building project to permit the employer’s remedial works contractor to attend site.
- Preparing an application for an emergency injunction in the TCC against a contractor working for a local authority.
- Successful appeal from an order striking out a claim for a prohibitory injunction (nuisance).
- Advising in a claim for an injunction requiring delivery to the subcontractor of the main contract.
Justin Mort has lectured on arbitration law at Queen Mary College, London
- Dispute as to a party’s entitlement to seek interim injunctive relief in the court local to the project in circumstances where the seat of the arbitration was London under the LCIA rules (commercial court): sections 2(3) and 44 of the Arbitration Act 1996 and article 23.5 of the LCIA rules considered.
- Application to set aside an arbitral award under section 68 of the Arbitration Act (serious irregularity) together with application for permission and appeal under section 69 on a question of law: construction of sections 57 and 70.
- Resisting a section 9 application to stay TCC proceedings for arbitration in Denmark arising out of a BVI company’s building project in the UK.
- Resisting an application to stay a counterclaim for arbitration made by the claimant at the same time as its own application for summary judgment under the same contract.
- Application to stay a counterclaim for arbitration in circumstances where the claim arose from a contract that provided for the resolution of disputes in litigation whereas the counterclaim arose out of a contract containing an arbitration agreement.
- Appeal in the TCC from an arbitrator’s refusal to grant security for costs in a final account arbitration arising out of the construction of a residential development.
- Architects and quantity surveyors negligence trial in the TCC, led by Paul Darling QC, arising out of the refurbishment of a shopping centre in Plymouth.
- Claim against a quantity surveyor arising out of the development of a shopping centre in Leeds.
- Acting for employer in the TCC against architect in connection with the installation of double glazing units in the River and Rowing Museum in Henley.
- TCC trial arising out of the development of a shopping centre and cinema complex in North London: respective liabilities of building services engineer and architect.
- Claim against architect arising out of use of letter of intent (TCC trial).
Justin has also acted in a range of domestic and international building disputes, including acting for high net worth individuals in connection with various residential projects in adjudication, arbitration, litigation and mediation.
Education and Professional Career
|BA, Durham University
Middle Temple Jules Thorn Scholar
Called to the bar (Middle Temple)
Tenant, 2 Temple Gardens
MSc in Construction Law and Arbitration,
King's College London
Public Access Training
TECBAR Accredited Adjudicator
Society of Construction Law
Technology and Construction Bar Association (committee member 2008-2012)
King’s College Construction Law Association
Commercial Bar Association
Justin Mort has an MSc from King’s College London in Construction Law and Arbitration and occasionally lectures at King’s.
He has written articles and given seminars on subjects relevant to his practice, including partnering agreements and adjudication enforcement. He has acted as an adjudicator and is on the TECBAR panel of adjudicators.
If you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact Senior Practice Manager, Chris Sunderland
, 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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