Construction

[2018] EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]

[2017] EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial.  In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]

[2016] EWCA Civ 1041 In Leslie v Farrar Construction Ltd, the Court of Appeal has considered the scope of the defences available to a claim for restitution of mistaken payments.  The case concerned a joint venture for the development of property.  Following the repudiation of the agreement by the funder, the parties made various claims […]

[2015] EWHC 58 (TCC) Two-week trial in the TCC concerning a dispute over a joint venture to develop sites in the north of England. Together with Simon Myerson QC, Michael successfully defended a claim in unjust enrichment for £1.2m and recovered substantial damages for lost profits. Michael is also instructed in the appeal for which […]

On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing[2013] UKPC 30.  This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles to […]

On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing [2013] UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles […]

[2014] 1 Lloyd’s Rep. 255 To view the judgment please click here.

[2013] EWHC 1718 (TCC) Appearing as sole junior to Anneliese Day QC in a two-week trial in the TCC concerning allegations against surveyors and engineers. Successfully defended the claim. To view the judgment please click here.

[2013] EWHC 1859; [2013] 5 Costs L.O. 746 Following the successful defence of an action at trial, Michael and Anneliese Day QC secured an order for indemnity costs against the claimants. To view the judgment please click here.

Swallowfalls Ltd v Monaco Yachting & Technologies and another References: [2012] EWHC 2057 (Comm), [2012] EWHC 3616 (Comm) and [2013] EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]

In this case Stephen succeeded in setting aside an injunction obtained ex parte by Stellar Shipping restraining Cosco from selling a 79,000 dwt bulk carrier to a party other than Stellar Shipping.   Stellar Shipping and Cosco had entered into a shipbuilding contract for the construction of the ship with a sale price of US$49.8 million […]

LMAA arbitration between Korean Shipyard and Norwegian shipowners (2010): Arbitration concerning allocation of risk of loss for physical damage under conversion contract.

[2010] 131 Con. L.R. 94 Andrew Wales led Sarah Martin for the employer in an arbitration application relating to a construction dispute under the NEC Engineering and Construction Contract, 2nd Ed. 1995. The issues concerned whether there had been valid service of an arbitration notice within time; whether the provision for adjudication before arbitration fell […]

David Bailey Q.C. leading Alexander MacDonald – LMAA arbitration between German Shipyard and six purchasers (2009-ongoing): Acting for a German shipyard in connection with a high profile dispute concerning the construction of 6 ‘mega-yachts’, and successfully obtained a preliminary award concerning an outstanding instalment.

[2008] Lloyd’s Rep. PN 23 Julia Dias QC – Whether duty of care owed by structural engineer to design and build contractor; whether duty breached

 [2003] EWHC 16 (Comm)

[2001] 2 Lloyd’s Rep. 227; [2001] 2 All ER (Comm) 385 Dominic Kendrick QC – Shipbuilding contract – Default – Possession – Contract for building a drill-ship – Delays in completion and delivery – Builders tendered delivery – Owner alleged default by builders – Owner took possession of vessel and completed her elsewhere – Whether […]

[2000] 1 Lloyd’s Rep. 367 David Edwards acted for Japanese purchasers of three new-build bulk carriers seeking to recover against the shipyard in respect of serious welding defects Shipbuilding contract – Exemption clause – Construction – Builders contracted to build three bulk carriers for buyers – Guarantee period expired – Allegations of defects in erection […]

[1998] 1 Lloyd’s Rep. 306 Dominic Kendrick QC – Charter-party (Time) – Due diligence clause – Construction – Vessel damaged by fire at berth – Dispute referred to arbitration – Arbitrators found berth unsafe and breach of safe berth warranty – Challenge to arbitrators’ approach to due diligence clause

[1997] 1 Lloyd’s Rep. 139 Dominic Kendrick – Charter-party (Time) – Off-hire – “Other causes” – Interference of authorities – Construction – Vessel delayed by port authority because of presence remaining on board of residue sweepings – Whether vessel “off-hire” by reason of “any other cause” – Whether authority’s reaction was ejusdem generis to named […]