Technology & Construction

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Philip is often instructed for and against people and companies within the construction industry. Many of his clients approach him directly for a robust and dogged approach to litigation. He has a list of clients who utilise his services on a monthly and sometimes weekly basis. Philip understands the processes involved and has substantial knowledge of various experts that may need to be called upon.

Some of his cases are now leading authorities.

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Recent and Reported Cases

N v G [2020]

Representation of a foreign Company against a London based supplier/Defendant. It involved the refurbishment of one of London’s most iconic buildings and the quality of the materials and arguments of offset. The Defendant’s settled in the most favourable of terms following mediation.

MEH Facilities v Sushisamba: [2018] Unreported (Basildon CC)

Successful claim on behalf of the Claimant who made numerous reliefs from sanction applications. The Claim was settled after the expert’s report illustrated the Defendants were to blame and the Claimant was vindicated.

Cunningham v Buckley [2017] EWCA Civ 224

Philip was lead counsel in a three-week trial at first instance and then again in the Court of Appeal. This has become a leading case on the applicability of VAT on new build properties and the burden of proof of who has to obtain the evidence.

J Browne Construction v Chapman Construction [2016] EWHC 152 (QB).

Although a sub-contractor had fabricated documents to support its claim for payment, it had not been guilty of deliberate fraud in doing so. The fabrication was a misguided attempt to meet unjustified allegations of fraud. The sub-contractor knew that it had no documents and therefore attempted to reconstruct them to bolster what was believed to be the proper position. Philip was for the First Defendant, while Giles Mooney QC was for the Second Defendant

Fairhurst v Collins [2016] EWHC (TCC) 199

A four-week trial in Manchester (TCC) High Court that was highly publicised and reported. A dispute arising out of the quality of the build, arguments that the Claimant being an artificial Claimant (litigation vehicle) and the need for numerous experts.

D v D [2019]

An ongoing matter advising and representing the Defendants in relation to poor workmanship, breach of contract and other aspects of poor litigation conduct by the Claimants and their Solicitors.

Philip is currently advising the Royal Borough of Kensington and Chelsea in relation to the cladding of numerous residential developments which house thousands of people following the Grenfell Tower disaster. Issues of limitation, contractual construction and causes of action are all live issues with the potential claims running into many millions of pounds.

Clients often find themselves in difficult situations, which may need fighting or diffusing in or out of court. Either option is available, and both are supported by guidance concerning the law and tactical advice to obtain the best possible outcome.