Qualifications
Mediator (trained Harvard Law
School, November 1992)
Fellow of the Chartered Institute of
Arbitrators
Barrister (Called February 1978,
pupillage in a firm of commercial solicitors and with His Hon Judge Michael
Kershaw QC)
Bachelor of Laws (University
College London)
Appointments
Member Civil Procedure Rule
Committee (2000)
Chartered Institute of Arbitrators
Panel of Mediators (2000)
Part-Time Chairman Mental Health
Tribunal (2000)
Member Area Legal Aid Committee
(2000) Deputy Judge of Technology & Construction Court (1999)
Recorder (1999)
RICS President’s Panel of
Construction Arbitrators (1999)
Assistant Recorder (1995-1999)
Technology & Construction Court
Bar Association List of Adjudicators (1998)
Member Professional Negligence Bar
Association Editorial Advisory Panel (1996)
Visiting Research Fellow, Building
Engineering Department, University of Manchester Institute of Science and
Technology (1995)
Queen’s Counsel (1995)
Presenter (Disciplinary Prosecutor)
for Chartered Institute of Arbitrators (1995)
FIMBRA panel of Arbitrators
(1993-1995)
Memberships
UK:
Technology & Construction Court
Bar Association (committee-member)
Professional Negligence Bar
Association
Council of the Northern Arbitration
Association (one of draughtsmen of the Arbitration Rules of the Association)
(1990-1999)
Northern Circuit Technology &
Construction Court User Group
Northern Circuit Mercantile Court
User Group
Society of Construction Law
Society for Computers and Law
International:
American Bar Association
(International Associate Member)
American Bar Association’s
Forum on the Construction Industry
Union Internationale des
Avocats
Individual Member, Conseil
International du Batiment pour la Recherche l’Etude et la
Documentation (CIB) (Rotterdam, The Netherlands)
LCIA Arbitration International
Teaching
Occasional lecturer for Manchester
University’s Centre for Law & Business, University of Manchester
Institute of Science and Technology and at University of Kentucky (Lexington,
USA). Course tutor and examiner for Chartered Institute of Arbitrators. Speaker
at 1995 Chartered Institute of Arbitrators Annual Conference. Keynote Speaker,
CIB World Building Congress 1998 TG15, Gavle, Sweden. Lectured at numerous Law
Society, Bar, other professional institutes’ and commercial seminars in
England, Europe and USA.
Writing
Publications include:
The Economic Loss Rule in English
Law, The Construction Lawyer, Vol. 12 No. 2 April 1992 (USA)
Competence and Negligence under
CPA Model Conditions (1979), Contract Plant-hire Association, 1995
Experts’ Reports,
Arbitration, Vol 61 No. 3 August 1995
Security for Costs under s.761
Companies Act 1985 Society of Construction law, 1995
Expert Evidence II, Arbitration
Vol. 62 No. 2 May 1996
The Role of the Non-Lawyer in
Arbitration – paper at 1995 Chartered Institute of Arbitrators Annual
Conference Forward to 1996 CPA Handbook
Contributor to Lord Woolf’s
report, Access to Justice, June 1995
Contributor to The Sanctuary
House Case, An Arbitration Workbook by Mark Cato published 1996 by
Lloyd’s of London Press
Disqualifying the Expert: An English Perspective, The Construction
Lawyer, Vol. 16 No. 4 October 1996 (USA)
ADR of Commercial Disputes and
the English Courts, Bulletin of Swiss Arbitration Association, No. 1, March
1997 (Switzerland)
IT: Professional Negligence or
Supply of Goods, Professional Negligence Law Review, Issue 1 January 1998
The Arbitration Act 1996,
Domestic Claimants & Summary Judgment, Arbitration, Vol 64 No. 1
(Supplement) February 1998
Contributor to New Horizons in
Construction Law edited by John Uff QC & Martin Odams de Szyva
published May 1998 by Construction Law Press
Experts’ Reports III,
Arbitration Vol 65 No. 1 February 1999
The plain of Shinar: towards a
taxonomy of dispute resolution [1999] ADRLJ
Survey of Domestic Construction
Arbitration in United Kingdom, Arbitration Vol 65 No.3 August 1999 (with Dr
P Fenn)
Experience
Pupillage – Slater Heelis,
Solicictors mid 1977 to early 1978 (banking and construction; early 1978 to
1979 with Michael Kershaw (general commercial, construction and personal
injury). 1979 to July 1995 in practice at Deans Court Chambers, Manchester.
July 1995 to date in practice at Byrom Street Chambers, Manchester and London.
In 1988 spent short time as observer in Fried, Frank, Harris, Shriver &
Jacobson, Attorneys, New York (product liability, professional negligence and
construction).
Direct Professional Access –
instructed by Accountants, Arbitrators, Architects, Surveyors and Foreign
Lawyers principally in connection with arbitration and construction
matters.
Has advised on the draughtsmanship
of certain standard form contracts used in construction industry.
Acted as Arbitrator, Mediator and
Adjudicator in construction, commercial, professional negligence and local
government disputes up to £90,000,000 in value.
Undertaking research into
construction arbitration with Dr Peter Fenn at the University of Manchester
Institute of Science and Technology under the guidance of the Rt Hon The Lord
Mustill.
Has been invited to be speaker at
the Plenary Session of ABA 2000 in London in July 2000 on the topic of ADR in
UK.
Currently advising the Designated
Civil Judges of Liverpool and Manchester as to how they might give effect to
the Overriding Objective of the Civil procedure Rules to encourage the parties
to use ADR.
Member of Lord Woolf’s
committee on Civil Procedure Rules.
Practice
Specialist advocate in litigation,
arbitration and other dispute resolution procedures (both in England and
internationally) in commercial matters (particularly those involving
construction, engineering and other technically complex contracts) and the
liability of professional advisors and associated aspects of insurance.
Accepts references as Arbitrator,
Mediator, Adjudicator and Legal Assessor.
Particular interest and experience
in the use of Information Technology.
Sits as Recorder in Technology &
Construction, Crown and County Courts.
Notable Cases
(As Counsel)
Vinprom Rousse v Bulgarian
Vinters, 28th March 2000, CA – section 44 Arbitration Act
– powers of court to grant asset-freezing injunction in aid of
international arbitration
Al-Naimi v Islamic Press,
24th January 2000, CA – section 98 Arbitration Act 1996 –
duties of judge when considering stay
Henry Boot Construction (UK)
Limited v Malmaison Hotel (Manchester) Limited, [1999] CILL 1572, TCC Dyson
J – extensions of time under JCT forms of contract
Tameside MBC v Barlows [1999]
CILL 1559, TTC – retrospective effects of deeds, limitation, final
certificates, promissory estoppel
Bradford & Bingley Building
Society f Seddon Hancock and others (Third Parties) [1999] 4 All ER 217, CA
– issue estopped, relitigation
Norwest Holst v CWS (1998)
CLN 7, 6, ORB – recover of overheads on formula basis
Rackline v National Library of
Wales [1997] CILL 1268, ORB – pre-designated sub-contractors
Waverley SF Ltd v Carnaud
Metalbox Engineering plc [1994] 1 Lloyd’s Rep 38, QBD – extension
of arbitrator’s powers
C A Dunquemin Ltd v Slater
(1993) 35 Con LR 147, ORB – abatement, practice on remission to arbitrator
Bamford v British Coal
Corporation [1993] RVR 69, Lands Tribunal – mining subsidence damage
notice, validity, measure of damages, Coal Mining (Subsidence) Act 1957
Slater v C A Dunquemin Ltd.
(1992) 29 Con LR 24, ORB – abatement
Thomas v Bunn [1991] 1 A.C.
362, HL – interlocutory judgment with damages to be assessed, whether
interest to be awarded from date of final judgment
Roberts v J Hampson & Co
[1989] 2 All ER 50, QBD – surveyor’s negligence, “the trail of
suspicion”
Megarity and others v Law
Society [1982] AC 81, HL – costs from the Legal Aid Fund in the Court
of Appeal
(As Judge)
All-in-One Design v Motcomb
Estates, The Times, 4th April 2000 – whether CPR Part 36.21
ultra vires Civil Procedure Act & Supreme Court Act
Sun Life v Racal, (1999)
Estates Gazette, TTC – requisite intention under section 26 Landlord &
Tenant Act
