Name: Marcus Taverner QC Call: 1981 Silk:

Transcription

1 Name: Marcus Taverner QC Call: 1981 Silk: Marcus Taverner QC is one of the leading Silks in the field of construction and engineering; professional negligence and energy law. He has an extensive advisory practice and a formidable reputation as an advocate and in particular a cross-examiner. He is well known not only for his considerable strategic acumen and understanding of the commercial aspects of litigation but, in particular, for his mastering of the technical detail of the many complex and high value cases he undertakes. He is regularly nominated by the Legal 500 and other bodies and was named top construction silk in 2009 and 2015 by Chambers & Partners. He is currently Head of Keating Chambers. Over the last 33 years he has appeared regularly as advocate in the Technology and Court, Commercial Court, the Court of Appeal, the Supreme Court and before Domestic and panels. He has advised on all types of engineering and construction projects in the UK and abroad in countries including Australia, Brazil, China, Estonia, Egypt, Italy, India, the Middle East, Hong Kong, Jordan, Nigeria, Peru, Russia, and the West Indies. He has represented UK governmental bodies and several foreign governments He has successfully represented many of the UK s largest construction and engineering companies, developers and all types of construction professionals and their insurers. His extensive experience inevitably includes the consideration of many of the standard forms of contract including: JCT, ICE, all FIDIC forms, GC Works, NEC and standard shipbuilding forms and the full gamut of disputes such as allocation of risk for design, entitlements to extensions of time and loss and expense, liability for defective works and all aspects of insurance and securities. Much of his recent work has involved issues arising out of actual or threatened termination. In related disputes, he has recently acted or is currently advising and acting in cases involving power stations, including nuclear, large offshore wind farm, LNG pipe lines and facilities, offshore investigation and oil and gas extraction; land and sub-sea cables; gas compression packages. In infrastructure, he is acting for LUL and Crossrail amongst others in various disputes and has acted in cases involving the construction of airports and airfields and road building in various jurisdictions.

2 Domestically, he is acting in various disputes involving football and other sports stadia, ground improvement schemes, road schemes including foundation and piling design and all types of mechanical and electrical issues. Very recent work includes a number of PFI disputes involving several hospitals and waste disposal facilities around the UK. As an arbitrator and adjudicator, his recent notable appointments include multi million dollar disputes involving LNG pipelines, a chemical plant in the Middle East, and a joint venture dispute in the West Indies and rail and infrastructure disputes. Recent Work & Engineering Represented BAE Systems in multi million pound TCC litigation concerning the design and installation of computer systems in Saudi Arabia. Representing employer with regards to a dispute over a large football stadia project. Advising with regard to many different PFI projects in the UK relating to Hospitals. Representing employers and contractors with regard to various ground improvement schemes (piles and vibro). Representing state body with regard to road building project in Oman. Representing state related body with regard to design and construction of a port in Jordan. Represented employer with regard to joint venture dispute in Saudi Arabia. Advised with regard to disrupted exploratory hydrocarbon drilling operations in offshore Guinea. Advising about an industrial chemical production facility in Russia. Representing the designer in an Arbitration concerning the civils design of a major road construction project in Hong Kong. Represented owner in dispute with regards to a ground improvement scheme at an operational wine warehouse (listed by lawyer as top TCC case of 2014). Advising with regard to several unrelated professional negligence claims relating to the design and construction of car parks in the UK. Advising with regard to the the collapse of residential premises during underpinning works. Advised with regard to the cause and spread of fire within industrial and commercial premises. Advising with regard to the turbine design of a power plant. Representing developers concerning the environmental feasibility of a large housing project. Infrastructure & Utilities Acted for Transport for London in a dispute arising out of the design and construction of East London Line. Acting with regard to various disputes arising out of Crossrail project. Acting for LUL with regard to various infrastructure contracts. Advised with regard to London underground PFI contracts. Advising with regard to an automatic train control signalling system for sub-surface railway lines. Advised a civil engineering company regarding claims for loss of earnings / business interruption regarding a

3 major tunnel collapse. Advised over commercial advertising concession on the London Underground Acted/Acting for Thames Water on certain projects. Acted for Network Rail the derailment of a freight train. & Natural Resources Advising with regard to the design and construction of nuclear power plant in Europe. Acting for a state body with regard to the laying of sub-sea electricity cables in the Irish Sea. Advising in respect of the design and construction of a power plant in the UK. Acted for the state in in an arbitration relating to the upgrade of turbines and plant in an eastern european power station. Advising in the UK with regard to several different PFI projects relating to Waste Disposal facilities Advising a multi-national energy corporation in a dispute arising out of the design, construction and operation of an LNG Facility. Acting as Arbitrator in ICC dispute concerning the construction of an LNG pipe line in Australia. Fronted a team of three QCs, four juniors and a substantial solicitor team to success in an LCIA arbitration concerning the manufacture, transportation and subsequent installation in one of the biggest off shore wind farms in the world. Litigated in the TCC over the termination of a waste to power facilities contract in the UK Arbitrator Appointed as Tribunal member in an ICC arbitration regarding disputes arising out of the construction of anhydrous ammonia production facility. Appointed as Tribunal member in an ICC Arbitration regarding the contract for the construction of an export pipeline and gas collection header at an LNG plant. Appointed a Tribunal Member in joint venture dispute arising out of construction of a production facility in Trinidad. Sole Arbitrator in a domestic dispute regarding a commercial development in the South of England. Named adjudicators in several infrastructure projects. Recommendations Marcus was named in the Chambers and Partners Top UK Bar "An extraordinarily good cross-examiner of experts, and an outstanding litigator." "One of the leading silks for construction professional negligence." "Deserves every part of his reputation as formidable counsel." "A firebox of ideas; brilliant strategically and fearless." Legal 500, 2015

4 "A commanding advocate, who is second to none in the construction field." "He is always effective and strategically astute." "Once he gets his teeth into something he is not going to let go. He is all over the detail of the case. He gets his team working, both the barristers and the solicitors, and he has an ability to set both an overall strategy and get into the detail of what needs to be done." "Very good, very clever and very easy to deal with." "He is an extraordinary advocate. He is charming to the tribunal and brutal to the witnesses. A standout person in the market." Chambers and Partners 2015 "At the top of his game"..."he's strategically very strong; if you've got a case that turns on factual evidence, he is a good bet. A superb advocate." "One of the very top silks" for construction professional negligence work. "Very hands-on, he has a nose for the merits of a case"..."he has excellent judgement and he is very good on his feet, being a ferocious and effective cross-examiner." "He does lots of energy work, and once he has the bit between his teeth he keeps at it." "Rolls his sleeves up and gets stuck in and gives quick, practical advice." "A commanding advocate and a highly skilled cross-examiner." Chambers and Partners 2014 One of the absolute leading lights of the Bar... becomes so engrossed in his cases he almost lives them... powerful advocacy and superior tactical thinking... he's very good on strategy and insight and on knowing where to catch people out. One of the top silks in the field... great cross-examiner... a highly experienced advocate and arbitrator. "Real energy and enthusiasm" Chambers and Partners 2013 Probably the best in London"..."a terrier in court who continuously achieves results."

5 A buoyant international practice. "Excellent"... a fantastic courtroom advocate... particularly good at cross-examination. Chambers and Partners 2012 "Fearless on his feet quite simply the best construction barrister around." "Aggressive but tactically astute silk, down-to-earth with the common touch." "Highly recommended for construction matters." Legal 500, 2011 "Really quite fearsome when he gets to grips with a case,"..."having a conference with him is like being given the keys to a Ferrari for an hour"..."a man who gives very precise advice and is then a terrier in court." "He glides from one stage to the next seamlessly, maintaining control at all times and making sure that the pressure is kept up on the other side." Outstanding advocate"..."dynamism, laser-like forensic mind and ability to develop a rapport with a tribunal." "a leading figure in the field,..."the type of silk you want on your team"... one of the most forceful advocates around as he is passionate, energetic and not at all dull. He makes proceedings exciting. Chambers and Partners 2011 "Will take the time to get into a case to fully understand all the issues." "A sensible and down-to-earth approach that suits arbitration." "Impressive cross-examiner." Legal 500, 2008 "Hugely energetic"..."one of the pre-eminent construction barristers in London." He is "a terrier in court who consistently achieves results thanks to his strategic ability and his knack for homing in on exactly the right point."

6 "Continues to take the market by storm." "A great fighter who is never daunted." Enjoys a pre-eminent international reputation in construction matters. He "excels in lateral thinking and clients think he's wonderful." Chambers and Partners 2010 Silk of the Year Chambers and Partners Bar Awards 2009 Extraordinary - his quick energy and insight in analysing a case enables him to come up with new angles." Commercial Arbitration "Creative and fun." Recommended as a robust performer. Legal 500, 2009 "Full of energy and vim,"...has risen to the heights of the profession as a result of his "perspicacious advice"..."he always gets results."..."gets very passionate about the cause but without ever letting that passion lead him astray." Chambers and Partners 2009 "continuously achieves results"..."watching this super-sharp silk in full flow is truly invigorating." Nominated Silk of the Year, Chambers and Partners Bar Awards 2008 Commercial Arbitration A tenacious silk. "One of the most tenacious barristers you ll come across," a "relentless, passionate, persuasive advocate and a formidable fighter." Legal 500, 2008 powerful technical insight into the construction and energy industries... gets completely on your side he doesn t just go through the motions. Is one of the most enthusiastic silks one can come across he enjoys the cut and thrust of the fight... razor-sharp strategic insight.

7 Someone you would want on your side in an argument... forceful advocacy reaps rewards and his cross-examination skills are widely bruited. Great on strategy and a ferocious cross-examiner... watching this super-sharp silk in full flow is truly invigorating. orating." Chambers and Partners 2008 "Swashbuckler" Marcus Taverner QC brings a touch of panache to cross examination, which wins him acolytes throughout the Bar. "He's your man for a fight," sources assert. "Marcus Taverner in particular is "outstanding." He is "a great animal in the courtroom" and "incredibly effective at what he does." Always "knowledgeable, personable and committed to the case." Chambers and Partners 2007 Some clients simply wouldn t move without him." Recommended as a Leading Silk. Chambers Global 2007 If you want someone whose brain is always racing Marcus Taverner QC is the perfect candidate. Interviewees were hugely supportive of this great tactician and lateral thinker whose pugnacious approach has been the crucial factor in a number of successful settlements. Marcus Taverner QC attracted plaudits from instructing solicitors who recognised him as a leading figure for construction negligence cases, especially in relation to engineers and architects. Marcus Taverner also impressed observers. A smart leader, he s commercial, astute and really clued up. Marcus Taverner will bend the table for you if that s what you want according to commentators. Chambers and Partners 2006 a good lateral thinker lauded for his excellent strategic advice. Legal 500, 2005 Selected Reported Cases Commercial Management (Investments) Ltd v (1) Mitchell Design & Construct Ltd (2) Regorco Ltd (Formerly Roger Bullivant Ltd) [2016] EWHC 76 (TCC) Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C41) Ltd [2014] EWHC 2955 (TCC) Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd [2013] EWHC 4030 (TCC); [2013] All ER (D) 156 (Dec) RWE Npower Plc v Alstom Power Ltd & Ors [2010] EWHC 3061 (TCC); 133 Con. L.R. 155; [2010] All ER (D) 15 (Dec)

8 AE Yates Trenchless Solutions Ltd v Black & Veatch Ltd [2008] EWHC 3183 (TCC), [2009] CILL 2669, [2009] TCLR 4 and 124 Con LR 188 London Fire and Emergency Planning Authority v Halcrow Gilbert Associates Ltd [2007] EWHC 2456 (TCC) Clerical Medical Investment Group Ltd v Crest Nicholson (South West) Ltd & Ors [2006] EWHC 2481 (TCC) Gerling General Insurance Co. & others v Canary Wharf Group plc [2005] All ER (D) 356 (Oct), [2006] 1 Lloyd's Rep 68 Decoma UK Ltd v Haden Drysys International Ltd [2006] CILL 2303 TCC Decoma UK Ltd v Haden Drysys International Ltd (No.2) [2005] All ER (D) 408 TCC Mersey Docks Property Holdings v Birse Ltd [2005] 99 Con LR 122 TCC Thames Water Utilities Ltd v London Regional Transport [2004] 95 Con LR 127 TCC (causation issues in relation to the failure of a substantial water main) Hurst Stores and Interiors Ltd v ML Europe Property Ltd [2004] 94 Con LR 66 and [2004] BLR 249 CA Tesco Stores Ltd v Costain Ltd [2004] CILL 2062 TCC Try Ltd v Eton Town House Group Ltd [2003] 87 Con LR 71 and [2003] BLR 286 TCC Scottish & Newcastle Plc v GD [2003] BLR 131 and [2003] 86 Con LR 1 CA Bellefield Computer Services v E. Turner & Sons Ltd (No. 2) [2003] TCLR 10. CA and [2002] EWCA Civ 1823 HOK Sport v Aintree Racecourse Co Ltd [2003] 86 Con LR 165 TCC Royal Brompton Hospital NHS Trust v Hammond (No 3) [2002] 1 WLR 1397 and [2002] 81 Con LR 2 House of Lords (already reported in All ER) BICC Ltd v Parkman Consulting Engineers Parkman Consulting Engineers v Cumbrian Industrials Ltd [2000] 78 Con LR 18 TCC (2001) 79 Con LR 112 CA [2002] BLR 64 CA St Martins Property Corporation v Sir Robert McApline & Sons Limited [1994] 1 AC 85 The above cases represent some recent examples of his many reported cases. Education and Professional Career Memberships Technology & Bar Association (TECBAR) Commercial Bar Association (COMBAR) Society of Law (SCL) Other Information Marcus Taverner gives occasional lectures on construction and related disputes. He supervises dissertations on the MSc in Law and Management for King's College, University of London. He is married with four children and lives in Hertfordshire. His interests include acting, walking, theatre, all types of music and opera.

9 Contact Details For further information about Marcus Taverner QC practice please contact his clerks: Declan Redmond Ted Paterson Sam Fury