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3PB (3 Paper Buildings) are delighted to welcome construction barrister and QS Jon Shaw to its successful Construction and Engineering Group. Jon joins 3PB from another well-known London chambers, having been a partner at Fenwick Elliott, the UK's largest specialist construction and energy law firm, between 2016 and 2019. Jon’s practice will focus on construction, with over 30 years’ experience in the industry. A qualified Quantity Surveyor and a construction claims expert for over twenty...
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3PB's specialist construction barrister Nick Kaplan acted as Junior Counsel for Hexagon Housing Association in their recent Court of Appeal case which considered the termination provisions under the JCT form of contract. The Court of Appeal handed down judgment last week in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, and its decision is likely to come as a significant surprise to many in the industry. The case concerned the...
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3PB's construction law barrister Tony Bingham comments on the Supreme Court ruling today in the landmark collateral warranties case of Abbey Healthcare (Mill Hill) Ltd (Respondent) v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) (Appellant) [2024] UKSC. The appeal gave the opportunity for the Supreme Court to clarify the meaning of section 104 and provide guidance on the proper interpretation of wording typically found in collateral warranties on construction projects. The appeal considered whether...
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3PB ( 3 Paper Buildings) specialist construction barrister, mediator and ADR specialist Paul Newman is guest speaker at the Wales Branch of the CIArb meeting on 27 June 2024 being held at the Cardiff office of law firm Blake Morgan LLP. The event is free and starts at 6pm - finishing at 7.30pm. Paul’s talk is entitled "Expert Witnesses in Adjudication – Lessons from Case Law." To reserve a place at the event, please click...
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3PB's commercial litigation, adjudication and arbitration barrister Patrick Heneghan (pictured left) asks whether Parliament intended adjudication to used in large or complex construction disputes. The recent decision of Home Group Limited v MPS Housing Limited [2023] EWHC 1946 (TCC) would appear to affirm the received wisdom that the size and/or complexity of a dispute in and of itself is no bar to its adjudication. The success of a challenge related to size and complexity in...
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3PB construction barrister Nick Kaplan appeared for the claimant in the case of Wordsworth Construction v Inivos Limited t/a Health Spaces before Recorder Singer KC, sitting as a judge of the Technology and Construction Court (TCC). He was instructed by law firm Berry Smith LLP. Quite unusually the Court decided to set-off two adjudicator’s decisions against each other. The Court previously confirmed in a judgment last year in FK Construction Ltd v ISG Retail Ltd...
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3PB's Nick Kaplan and Keating Chambers’ Brenna Conroy (pictured here) are delivering a joint talk this week at Arbrix's Spring Conference on Saturday 16th March 2024. The conference is an annual meeting of RICS arbitrators and adjudicators, notably chartered surveyors and other independent property experts. Nick and Brenna will be speaking about the recent decision in Bellway Homes v Surgo Construction in which they both appeared on opposite sides. The case is of huge significance...
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3PB's construction barrister Nick Kaplan has been instructed to represent builder Keith Elliott to recover payments, awarded by an adjudicator, from a company run by Australian fashion tycoon Donna Ida Thornton in a new High Court action. This follows a ruling in January 2024 by an adjudicator that Ms Thornton must pay the contractor £236,000 for the restoration work that his company completed at her 16-bedroom Devon mansion. The case is ongoing and is receiving...
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3PB is delighted to announce that commercial disputes and construction barrister Philip Bambagiotti, who is joint -qualified at the bar in both England and Australia, has been appointed onto the International Dispute Resolution & Risk Management Institute (IDRRMI) Panel of Senior Certified International Arbitrators. Philip Bambagiotti is a top ranked barrister and arbitrator with over 30 years experience. He is well known for his work as counsel and arbitrator in international arbitrations involving disputes over...
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3PB construction barrister Nick Kaplan recently acted as sole counsel for Bellway Homes in a dual enforcement and Part 8 claim in the TCC in the case of Bellway Homes v Surgo Construction, before HHJ Davies. Judgment was handed down yesterday morning. Nick was instructed by Gateley Legal. In its enforcement claim, Bellway claimed circa £1.1 million, which it had been awarded by an adjudicator (Jonathan Cope) following a true valuation of the parties’ interim...
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3PB construction barrister Nick Kaplan recently acted as sole counsel for Bellway Homes in enforcement proceedings in the case of Bellway Homes Limited -v Surgo Construction Limited, before DJ Baldwin, in which judgment was handed down by the Technology and Construction Court (TCC) in Liverpool this morning. Nick was instructed by Gateley Legal. The proceedings raised a question which frequently arises in payment adjudications, but which has until today remained undecided by the courts. In...
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3PB's construction and building defects barrister and arbitrator Philip Bambagiotti (pictured here) has penned an article for the Bar Council's Counsel magazine on the principal features of the Building Safety Act 2022 and whether, in the long term, this is the best way to improve standards. He states there that: "There is no question that, following the terrible example of the Grenfell Tower fire, building regulations need to be examined, analysed, understood, reviewed and, in...
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