- Zennstrom v. Fagot and Others [2013] EWHC 288 (TCC) - Scope of Duty under s.1 (4) (a) Defective Premises Act 1972
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On the 21st February 2013, Mr Justice Edwards-Stuart handed down judgment in Zennstrom v Fagot and Others which considered the scope of the duty owed under s.1 (4) (a) Defective Premises Act 1972 ("DPA").
- Cumbria shootings [2010]
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Acting for the British Shooting Sports Council. Investigations
ongoing
- Slaughter and May & Others v Skanksa, Siemens &
Others (Siemens v Supershield [2009]EWHC 927 (TCC)
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The sprinkler tank room flooded due to the float valve in one
of the sprinkler tanks not being installed correctly. Multi party
action involving three claimants and four third parties.
- United Marine Aggregates Limited -v- G M Welding & Engineering
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On 2nd April 2012 Edwards-Stuart J handed down his decision in United Marine Aggregates Limited -v- G M Welding & Engineering Limited [2012] EWHC 779 (TCC).
- QinetiQ Holdings Limited -v- BAE Systems (Operations)
Limited [2008] (TCC)
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Major fire in a laboratory leased to Defence Science and
Technology Laboratory (DSTL), an agency of the Ministry of
Defence. The fire originated in an anechoic chamber in which
stealth plasma experiments were taking place. The Chamber was
destroyed and the Building damaged substantially by smoke. Claim
£1.3 million
- Shepherd & Neame v EDF Energy Networks (SPN) PLC
[2008] EWHC 123(TCC)
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A £3.3 million claim following the devastated by fire of six
listed buildings on Butchery Lane in the centre of Canterbury. A
multi party action involving nine claimants and six defendants
(including Part 20 defendants). Acted for insurers and first
defendant.
- C.A. Blackwell (Contracts) Ltd -v- Gerling Allgemeine
Versicherungs AG [2008] CA
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CAR coverage dispute. The claimant an earthworks sub
contractor on the M60 Motorway extension project. CAR Annual
Policy All Risks subject to design exclusion DE 3 (1995). Issues:
Scope of DE 3, fortuity and implication of absence of reasonable
precautions clause and winter working warranty.
C.A. Blackwell(Contracts) Ltd v Gerling General Insurance Co
[2007] EWCA Civ 1450.
- Cutty Sark Fire [2007]
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On 21 May 2007 a fire which swept through the famous 19th
Century ship Cutty Sark which was undergoing a £25m restoration.
Acting for interested contractors. Investigations ongoing
- M Holleran v Severn Trent Water (No.2) [2007] EWHC 1830
(Comm)
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Challenge to the Asset Management Programme of works (AMP 3)
selection process covering the 5 year period 2000 - 2005. Main
issues: breach of implied agreement to be treated fairly and
receive sufficient tender enquiries for work up to the value of
£15 million a year. Claim withdrawn on second day of the trial.
Acting for the Defendant
- R v Balfour Beatty Rail Infrastructure Services
[2006-2007]
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Hatfield rail disaster on 17 October 2000 and subsequently
prosecution of the defendant under section 3(1) of the Health and
Safety at Work etc Act 1974 ('the 1974 Act'), to persons
not in its employment in breach of section 33 of that Act. At
about 12:23 on 17 October 2000 a GNER train, bound from London to
Leeds, was rounding a bend between Welham Green and Hatfield
stations at 115 miles per hour when two sections of the track
disintegrated and the train was derailed. The track failed as a
result of brittle fractures, initiated by gauge corner cracking
('GCC'). The gauge corner is part of the curved portion
of the railhead and GCC results from rolling contact fatigue.
Acting for the Defendant.
EWCA Crim 1586 [2007] Bus LR 77 Court of Appeal Criminal
Division
- R v The Office of Commissioner of Police for the
Metropolis
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Health and safety prosecution under section 3(1) of the Health
and Safety at Work etc Act 1974 ('the 1974 Act') of the
service following the fatal shooting of Jean Charles de Menezes
at Stockwell station in July 2005. Acting for the Defendant.
- M Holleran v Charles Haswell and Partners Ltd
[2005]
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Claim by unsuccessful bidder in the Severn Trent Water AMP 3
procurement process. Claim by civil engineering contractor
against consultant engineering company as alleged consortium
partner following the claimants failed application to be included
in the list of qualified contractors for pipework contracts. Main
issues: Implied contracts, Utilities Procurement, fiduciary
duties.
- Buncefield Fuel Depot Explosion [2005]
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Major fire and a series of explosions on 11 December 2005 at
the Hertfordshire Oil Storage Terminal,an oil storage facility
located near the M1 motorway by Hemel Hempstead in Hertfordshire,
England, one of the largest oil-products storage depot in the
U.K. Acting for Insurers and suppliers of gauges and telemetry
equipment.
- M Holleran v Severn Trent Water [2004]
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Challenge to the procurement process of the fourth five-year
programme it is known as AMP4 for maintenance, renewal and
improvement of reservoirs, pipelines, pumping stations, treatment
plants and sewerage systems contracts totally in the region of
£1.5 - £2 Billion. Main issue: whether the claim was barred by
the operation of regulation 32(4) of the Utilities Contracts
Regulations 1996
M Holleran Ltd v Severn Trent Water Limited [2004] EWHC 2508
(Comm) Commercial Court.
- Johnston Construction Ltd -v- Charles Haswell and Partners
Ltd [2002](Arbitration)
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The failure of the Weston-Super-mare Storage and Transfer
Tunnel. The claim concerned the design and construction of the
two GRP pipelines in the concrete benching, the design life of
which was to be 100 years and capably of accepting a working
pumping pressure of at least 4 bar. Failure became apparent when
after 2.5 years when the effluent mains burst through and
displaced the concrete benching. Issues: The interaction of the
flexible GRP pipe and the concrete surround: tensile failure of
the concrete followed by fatigue failure of the GRP. Claim in
region of £3.3m. Acted for the consulting design engineer.
- Ladbroke Grove rail crash (1999 incident, proceedings
1999-2005) for Thames Trains
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Acting for insurers in the aftermath of the accident,
throughout the public inquiry into the circumstances of the
accident and subsequent claim against the railway inspectorate.
Where 31 passengers lost their lives and many more injured.
Complex signalling arrangement between Paddington station and
Ladbroke Grove. The Ladbroke Grove Inquiry Report June 2001, HSE
Books ISBN 0 7176 2056 acted for the Defendants in a prosecution brought by Health
and Safety Executive against the Commissioner (past and present)
under s.2 of the Health and Safety at Work etc Act following the
fatal accident of an officer who fell through a roof whilst
trying to apprehend a suspect. In a five-week trial ending in
June 2003 Mark led the successful at the Old Bailey.
- Dunblane Shootings [1996-2000]
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An inquiry that followed the shooting in 1996 of sixteen
children and one adult by Thomas Hamilton at Dunblane Primary
School, Scotland. Acted for the British Shooting Sports Council.
See National Rifle Association and others v United Kingdom [2000]
30 EHRR CD 144 European Court of Human Rights
- Royal Reinsurance & Ors -v- Tai Ping and Central
Insurance Co. Ltd [1999] LLoyds 472
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Commonly referred to as GAN -v- Tai Ping. Engineering
reinsurance. Acted for reinsurer.
- Heathrow Express tunnel collapse [1999]
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(1994 incident, 1999 trial) The tunnel collapse occurred in
October 2004 during the construction of a tunnel for the Heathrow
Express Rail Link. The civil engineering disaster caused a huge
crater to appear between the airport's two main runways and
caused damage to car parks and buildings. Acting for main
contractor.
- Abbey National v Key Surveyors Nationwide [1996] 3 All ER
184 Court of Appeal Civil Division
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Appeal ruling on the admissibility and scope of expert
evidence in negligence claims by mortgage lenders against
property valuers. The central question was whether a expert
witness was required to have first-hand knowledge of property
values and recent transactions in the particular of the country i
which he was asked to give his opinion to the court.
- National Trust -v- Haden Young Ltd [1996] 72 BLR
1
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Recovery action following a major fire at listed National
Trust property Uppark House in the region of £22
million.
- Buchanan -v- Eagle Star [1994]
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War risks Liberian civil war - Pre-emptive strike to establish
non-liability of underwriters. Main issues: jurisdiction and
causation. A supermarket in the Liberian town of Buchanan was
looted in 1990 by local residents, ahead of the advancing rebel
forces led by Charles Taylor. Proceedings were brought by
underwriters in England for a declaration that the looting was
caused by civil ware of insurrection and so outside the scope of
policy indemnity. The court agreed that it was.
- Flying Colours -v- Assicurazioni Generali [1993] 2
Lloyd's 184
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Contingency Insurance, film producers indemnity policy. Main
issue: policy coverage. A film company was contracted to produce
a series of advertisements involving location filming in Europe.
Due to excessively mild weather the filming could not take place
and a dispute arose between the producers and their insurers over
the scope of cover and quantum of recoverable loss. The Court of
Appeal ruled in the issuers' favour.
- Beoco -v- Alfa Laval [1995] OB 137
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Refinery explosion. Explosion of a heat exchanger at the
claimant's works at Bootle, Liverpool. No one was injured but
significant property damage and business interruption losses.
Issue: indemnity and recklessness.
Beoco -v- Alfa Laval [1995] OB 137
