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Crispin Winser KC

Call 2003 • KC 2021

"an exceptionally hard-working and brilliant barrister"
(Chambers UK 2024)

Crispin Winser KC specialises in construction, engineering, energy, insurance, professional liability and general commercial litigation, arbitration and dispute resolution both in the UK and internationally.

He is recommended as a leading practitioner by the Legal 500, Who’s Who Legal, Chambers UK and Chambers Global, in which he has been described as “an exceptionally hard-working and brilliant barrister”, “simply superb”, “stunningly good”, “absolutely first-rate”, “exceptional”, “extremely talented”, “frighteningly clever”, “concise, clear and very helpful”, “incredibly thorough”“commercially astute”, “very cool and poised”, “approachable, friendly, responsive and good technically”  and as being “excellent on his feet”, “extremely convincing”, “a spectacular advocate” and “an excellent cross-examiner”  who “goes out of his way to achieve the best result for his clients” and “delivers beautiful advocacy which is a pleasure to listen to”.

Prior to taking silk in 2021, he was nominated for Construction Junior of the Year at the Chambers UK Bar Awards 2019.

Construction & Engineering

Recommended in Legal 500, Chambers UK, Chambers Global and Who’s Who Legal

Crispin’s experience ranges from residential building disputes to major international projects. He has been instructed in cases concerning residential extensions and conversions, houses, hotels, hospitals, apartment blocks, schools, housing estates, shopping malls, leisure centres, factories, power stations, process plants, water treatment works, roads, railways, airports, tunnels, micro-tunnels, pipelines and Oil and Gas installations (both onshore and offshore). He has dealt with many of the standard forms (e.g. JCT, ICE, NEC, FIDIC, IChemE) and a range of bespoke contracts.  He is one of the authors of Emden’s Construction Law.

Crispin is a TECBAR accredited adjudicator, acts for and advises adjudicating parties and appears in the TCC on enforcement proceedings. Reported adjudication cases include:

Selected Cases

  • Acting for a sub-contractor in ICC arbitration against the main contractor in respect of electrical cabling works in connection with the construction of a 10-lane expressway in the Middle East. Claims and counterclaims in excess of $10m. 5 day evidential hearing.
  • Sheffield Teaching Hospital Foundation Trust v Hadfield Healthcare Partnerships & ors [2023] EWHC 644 (TCC); [2023] BLR 333 – lead counsel for the FM services contractor in a multi-party TCC claim for over £17m arising out of fire safety defects in a PFI hospital.
  • Northumbria Healthcare NHS Foundation Trust v Lendlease Construction & ors – representing the roofing contractor in a multi-party TCC claim for over £140m arising out of a PFI project for the design, construction and facilities management of a hospital. One of The Lawyer’s Top 20 Cases of 2022.
  • WM Morrisons Supermarkets v Lorien Engineering Solutions & ors – lead counsel for the main contractor in a multi-party TCC claim for over £34m in respect of the allegedly defective refurbishment of an abattoir leading to a substantial loss of profit. One of The Lawyer’s Top 20 Cases of 2021.
  • Acting for the employer in a €10m ICC arbitration relating to the disputed termination of a contract for the construction of a medical facility. FIDIC Yellow Book. Maltese seat and Maltese law. 5 day evidential hearing.
  • Acting for the employer in a $100m ad hoc international arbitration concerning the construction of an 8-lane expressway. FIDIC Red Book. Middle Eastern seat and substantive law of the Middle Eastern state. 13 day evidential hearing.
  • Eco World – Ballymore Embassy Gardens v Dobler UK [2021] EWHC 2207 (TCC); [2021] BLR 687; [2021] TCLR 7; 197 Con LR 108 – representing the employer in an important decision on the enforceability of LADs where the employer had taken partial possession of the works but the contract contained no mechanism for reducing the level of LADs.
  • Doosan Enpure v Interserve Construction [2019] EWHC 2497 (TCC); [2019] BLR 630 – acting for a contractor in a £5m dispute with its JV partner concerning the release of interim payments in respect of an upgrade to a water treatment works under an NEC3 Option C target cost contract.
  • Acting for a contractor in a $400m LCIA arbitration relating to an oil and gas project in the Middle East. Bespoke contract. London seat and substantive law of the Middle Eastern state. 2 week evidential hearing. Issues included contractual interpretation, process engineering, delay analysis and quantum.
  • Acting for a Middle Eastern government in a $500m ICC arbitration relating to the construction of an international airport. FIDIC Red Book. Middle Eastern seat and substantive law of the Middle Eastern state. 13 day evidential hearing. Issues included analysis and quantification of claims for extensions of time, prolongation and disruption costs.
  • Acting for a state-owned oil company in a $multi-billion LCIA arbitration arising from an oil and gas project in the Middle East. Bespoke contract. London seat and substantive law of the Middle Eastern state. 2 week evidential hearing. Issues included contractual interpretation, engineering practice in the oil and gas industry and quantity surveying practice.
  • Acting for a Middle Eastern government in a $750m ICC arbitration relating to the construction of an international airport. FIDIC Yellow Book. Middle Eastern seat and substantive law of the Middle Eastern state. 65 days of evidential hearings. Multiple claims involving complex issues relating to design obligations, architecture, structural and seismic engineering, fire safety engineering, mechanical and electrical engineering, forensic delay analysis and quantum.
  • Acting for a police authority in a £multi-million dispute concerning the construction of a new custody facility. Issues included design obligations, energy efficiency, mechanical and electrical engineering, loss and expense.
  • Triuva Kapitalverwaltungsgesellschaft v Galliford Try v Alumet [2017] EWHC 275 (TCC) – acting for a contractor in a £3m claim arising out of alleged defects in glazing, curtain walling and cladding works to a ten-storey office building in Birmingham.
  • Gray v Elite Town Management [2016] EWCA Civ 1318 – acting in a party wall dispute arising out of adjoining basement constructions in central London. Appeared as sole counsel in two week-long trials and in the Court of Appeal.
  • Acting for the developer of a £250m project in central London in TCC proceedings involving multiple applications for injunctive relief and complex issues of law and geotechnical and structural engineering.
  • Acting for a joint venture contractor in a £multi-million PFI dispute in the TCC and a related adjudication.
  • Rohan & Ors v Daman Real Estate Capital Partners [2013] DIFC CA 005 and CA 006 – acting for purchasers in the DIFC (Court of First Instance and Court of Appeal) in a claim for AED 12m arising out of delay to a mixed-use development in Dubai.
  • Acting for consulting engineers in a $12m DIAC arbitration.  Dubai seat and UAE substantive law. 4 day evidential hearing. Issues related to mechanical and electrical engineering and quantum.
  • Inframatrix v Dean Construction [2012] EWCA Civ 64; 140 Con LR 59; [2012] 28 Const LJ 438; [2012] CILL 3145 – representing a developer in the TCC and in the Court of Appeal in relation to a £2m claim for defects in the construction of a specialist camera factory.
  • Harrison & ors v Shepherd Homes [2011] EWHC 1811 (TCC); 27 Const LJ 709 – acting for the residents of a housing estate in a 5-week TCC trial successfully recovering damages for losses resulting from defective piled foundations.
  • Acting for a developer in a $130m international arbitration concerning a hotel and condominium project in the Caribbean which suffered hurricane damage during the course of construction. London seat and substantive law of the Caribbean Island. 2 month evidential hearing.
  • Acting for the Anglo-Japanese-Irish consortium that built the Dublin Port Tunnel in relation to claims before a DAB for delay, disruption, loss and expense totalling about 300m Euros. ICE 7th edition. Irish seat and Irish substantive law. Multiple DAB hearings. Issues included ground conditions (involving geotechnical engineering), design strength, the design approvals procedure and the analysis and quantification of delay, disruption, loss and expense.

Energy & Natural Resources

Recommended in Legal 500

Crispin’s energy practice involves large-scale projects in the UK and around the world.  His experience includes oil and gas, petrochemical plants, power generation and renewables, including biomass, waste-to-energy and solar power (both PV and CSP).

Selected Cases

  • Acting in a dispute under a consortium agreement in respect of a 120MW diesel power plant in the Middle East. Claims and counterclaims in excess of $12m. ICC arbitration with Zurich seat and Swiss substantive law. 6 day evidential hearing.
  • Acting for the owner of a 485MW CCGT power plant in the Middle East in a $40m ICC arbitration against the offtaker concerning claims under a power purchase agreement for capacity charges and wrongly withheld LADs. 5 day evidential hearing.
  • Acting for the owner and operator of a 50MW concentrating solar power (CSP) plant in South Africa in a $90m ICC arbitration concerning EPC contractor’s claims for generation upside payments and owner’s counterclaims for performance LADs and defects. 13 day evidential hearing.
  • Shepherd Construction v Drax Power [2021] EWHC 1478 (TCC); 196 Con LR 239 – acting for the owner in a dispute as to the effect of retention provisions in a contract based on the FIDIC Yellow Book 1999 which had been varied to add further works as part of the conversion of Drax Power Station to biomass.
  • Acting for the owner of a waste-to-energy plant in relation to a £multi-million dispute in respect of delay and defects.
  • Acting for a state-owned oil company and its insurers in a $60m ICC arbitration arising from a fire at an oil refinery in the Middle East. 2 week evidential hearing.
  • Acting for a contractor in a $400m LCIA arbitration relating to an oil and gas project in the Middle East. 2 week evidential hearing.
  • Representing a state-owned oil company in a $multi-billion LCIA arbitration arising from an Oil and Gas project in the Middle East. 2 week evidential hearing.
  • Representing a UK contractor in a dispute with an Italian steel fabricator in relation to a contract for the supply of steel products to an iron ore mine in West Africa.
  • Acting in a £multi-million TCC dispute over the fabrication of process units for installation in an FPSO.
  • Advising in relation to a 40MW biomass plant in England.
  • Advising a European contractor in relation to a number of water treatment works and power generation projects.
  • Acting for a state-owned oil company in a £100m LCIA arbitration concerning an oil and gas project in the Middle East. Bespoke contract. London seat and substantive law of the Middle Eastern state.
  • Advising in relation to a £15m biomass project in Scotland.
  • Acting for a Danish contractor in DAB proceedings relating to a 720MW CCGT power plant in the Caribbean. London seat and English substantive law. Appeared as counsel at DAB hearing.
  • Acting for Total UK in relation to the explosion at the Buncefield Oil Storage Depot.

Insurance & Reinsurance

Crispin’s experience includes coverage disputes, non-disclosure, misrepresentation, late / non-notification, aggregation, co-insurance, fraudulent claims, brokers’ duties and the recovery of brokers’ commission. He has particular expertise in policies covering CAR/EAR (and the effect of DE/LEG exclusion clauses), professional indemnity, public, product and employer’s liability. He is regularly instructed in claims involving defective design, workmanship and/or products and fire and water damage.

Crispin is the co-author (with Sir Antony Edwards-Stuart) of the chapter on Insurance in Emden’s Construction Law.

Selected Cases

  • Sky & Mace v Riverstone Managing Agency & ors [2023] EWHC 1207 (Comm) – acting for the policyholder in a complex and high value claim under a CAR policy for the cost of remedial works to Europe’s largest flat timber roof at Sky’s global headquarters in West London.
  • Party appointed arbitrator in LCIA arbitration concerning the proper interpretation of a cladding exclusion in a PI policy.
  • Advising insurers and reinsurers on coverage issues in respect of a £30m fire claim.
  • Aspen & Liberty Mutual v Sangster & Annand [2019] Lloyd’s Rep IR 217; 35 Const LJ 200 – acting for insurers in the Commercial Court obtaining a declaration of no liability to indemnify the insured contractor in respect of a £9m claim following a fire at a hotel in Scotland said to have been caused by hot works (and successfully resisting an application to the Court of Appeal for permission to appeal).
  • Acting for insurers in the Mercantile Court in relation to the disputed avoidance of a property policy for misrepresentation and breach of warranty and the alleged negligence of the brokers.
  • Acting for a policyholder in a coverage dispute under a Public and Products Liability policy.
  • Acting for insurers in the Mercantile Court in relation to the disputed avoidance of a policy for arson.
  • Liberty Syndicate Management v Campagna [2011] EWHC 209 (TCC); 27 Const LJ 275 – acting in a multi-million Euro dispute arising from a latent defects insurance scheme for the construction of new houses across Ireland.
  • Acting for a local authority policyholder in relation to its insurer’s refusal to indemnify a £1m public liability claim.
  • Advising a joint venture contractor in relation to a 20m Euro claim under a project PI policy.
  • Acting for the policyholder in a $130m international arbitration concerning a claim under a project all risks policy following hurricane damage to a hotel and condominium development in the Caribbean.
  • Advising insurers in relation to their potential exposure under historic PL policies to indemnify claims made by victims of alleged child abuse.
  • Advising insurers in relation to apparently fraudulent claims under a buildings policy.

Professional Liability

Recommended in Legal 500 and Chambers UK

Crispin has particular expertise in claims against construction professionals and also has experience of claims against financial services, insurance and legal professionals.

Selected Cases

  • Leading a team of six counsel in a $multi-billion ad hoc international arbitration concerning claims and counterclaims under a consultancy services agreement for the provision of design, contract administration and supervision services in respect of a major multi-package infrastructure project. Middle Eastern seat and substantive law of the Middle Eastern state. 45 days of evidential hearings. Complex issues of fact, liability and quantification. 56 factual witnesses and expert evidence in 29 different disciplines.
  • Successfully defending adjudications brought against quantity surveyors (for allegedly negligent preparation of bills of quantities) and architects (for allegedly negligent performance of the role of designer and lead consultant).
  • Williams Tarr Construction v Roylance [2018] EWHC 2339 (TCC); [2018] CILL 4211 – successfully defending a civil engineer in a 5 day TCC trial concerning alleged negligence in the design of a retaining wall.
  • Barnaby v Raleys Solicitors [2014] EWCA Civ 686; [2014] All ER (D) 42 (Jun) – acting (both at first instance and in the Court of Appeal) in a successful claim against solicitors for under-settlement of the underlying claim.
  • Successfully defending consulting engineers facing a £7m claim for alleged negligence in the design of the mechanical and electrical fit-out of flagship retail units.
  • Acting for corporate Approved Inspectors alleged to have owed a duty of care to the owner of the property they inspected for building control purposes.
  • Acting for insurers in the Mercantile Court in relation to the disputed avoidance of a property policy for misrepresentation and breach of warranty and the alleged negligence of the brokers.
  • Acting for solicitors alleged to have been negligent in the implementation of a tax scheme.
  • Sweett (UK) (formerly Cyril Sweett) v Michael Wight Homes [2012] EW Misc 3 (CC) – representing quantity surveyors alleged to have been negligent in relation to the non-provision of a performance bond.
  • Acting for architects facing a claim for allegedly negligent design of a residential care home.
  • Liberty Syndicate Management v Campagna [2011] EWHC 209 (TCC); 27 Const LJ 275 – acting for technical auditors facing a multi-million Euro claim from the underwriters of a latent defects insurance scheme for failing to detect defects during the construction of houses across Ireland.
  • Acting for homeowners in a claim against a surveyor in relation to a negligent building survey.
  • Claim against architects for negligent design leading to failure of acoustic tests under the Building Regulations.

International Arbitration

Recommended in Legal 500 and Chambers UK

Crispin has an extensive international arbitration practice, acting in connection with construction, engineering, infrastructure and energy projects and related insurance disputes. He has acted in relation to claims concerning projects in Europe, the Caribbean, Africa and the Middle East (including Bahrain, Jordan, Kuwait, Oman, Qatar, Saudi Arabia and the UAE) and has substantial experience of civil law jurisdictions. Before he took silk, Crispin was recognised by the Legal 500 2019 as One of the top junior barristers in the construction/arbitration field”.

He is a Fellow of the Chartered Institute of Arbitrators and accepts appointments as arbitrator.

Selected Cases

  • $12m ICC arbitration in respect of a 120MW diesel power plant in the Middle East. Zurich seat and Swiss substantive law. 6 day evidential hearing.
  • $10m ICC arbitration relating to electrical cabling works in connection with the construction of a 10-lane expressway. Middle Eastern seat and substantive law of the Middle Eastern state. 5 day evidential hearing.
  • $40m ICC arbitration relating to a 485MW CCGT power plant. London seat and substantive law of the Middle Eastern state. 5 day evidential hearing.
  • $multi-billion ad hoc international arbitration concerning consultancy services in respect of a major multi-package infrastructure project. Middle Eastern seat and substantive law of the Middle Eastern state. 45 days of evidential hearings.
  • €10m ICC arbitration concerning a medical facility. Maltese seat and Maltese substantive law. 5 day evidential hearing.
  • $90m ICC arbitration concerning a concentrating solar power (CSP) plant in South Africa. London seat and English substantive law. 13 day evidential hearing.
  • $20m DIFC-LCIA arbitration relating to the expansion of a shopping mall. DIFC seat and UAE substantive law. 3 day evidential hearing.
  • $100m ad hoc international arbitration concerning the construction of an 8-lane expressway. Middle Eastern seat and substantive law of the Middle Eastern state. 13 day evidential hearing.
  • $60m ICC arbitration arising from a fire at an oil refinery. Middle Eastern seat and substantive law of the Middle Eastern state. 2 week evidential hearing.
  • $400m LCIA arbitration relating to an oil and gas project. London seat and substantive law of the Middle Eastern state. 2 week evidential hearing.
  • $500m ICC arbitration relating to the construction of an international airport. Middle Eastern seat and substantive law of the Middle Eastern state. 13 day evidential hearing.
  • $multi-billion LCIA arbitration arising from an oil and gas project. London seat and substantive law of the Middle Eastern state. 2 week evidential hearing.
  • $750m ICC arbitration relating to the construction of an international airport. Middle Eastern seat and substantive law of the Middle Eastern state. 65 days of evidential hearings.
  • $85m ICC arbitration concerning civil engineering works. Middle Eastern seat and substantive law of the Middle Eastern state. 5 day evidential hearing.
  • $40m LCIA arbitration arising out of a tunnelling project in the Middle East. London seat and English substantive law.
  • $12m DIAC arbitration concerning a shopping mall. Dubai seat and UAE substantive law. 4 day evidential hearing.
  • £100m LCIA arbitration concerning an oil and gas project. London seat and substantive law of the Middle Eastern state.
  • $130m international arbitration concerning a claim under a project all risks policy following hurricane damage to a hotel and condominium development in the Caribbean during the course of construction. London seat and substantive law of the Caribbean Island. 2 month evidential hearing.

Commercial

Crispin’s practice covers sale of goods, supply of goods and services, agency, franchise, joint ventures, issues of jurisdiction, loan agreements, IT & telecommunications, property damage and product liability.

Selected Cases

  • Acting for Maltese manufacturers in a £22m sale of goods dispute with UK buyers.
  • Representing UK buyers in a claim against Italian sellers arising out of the disputed termination of a 1.2m Euro international sale of goods contract.
  • Acting for a multinational chemical company in relation to a joint venture in Central America.
  • Acting for a FTSE 250 company in a £1.5m claim for sums due under facilities management contracts.
  • Rohan & Ors v Daman Real Estate Capital Partners [2013] DIFC CA 005 & CA 006 – representing the buyers in the DIFC (Court of First Instance and Court of Appeal) in a claim for AED 12m for breach of sale and purchase agreements.
  • Advising a leading furniture retailer in relation to its liabilities under the Sale of Goods Act.
  • Advising an East African bank in relation to a dispute concerning a software licence agreement.
  • Acting for an MVNO in a TCC dispute with a major national mobile network operator concerning the interaction between the parties’ mobile telecommunications systems – involved contested applications for interim injunctions and security for costs.
  • Representing a manufacturer of postal franking machines at the 4 day liability trial and subsequent mediation of a claim for breach of a distribution agreement.
  • Advising a petrochemicals multinational in relation to the termination of a contract for the supply of chemical by-products.
  • Representing a leading London estate agent in a 4 day trial involving alleged breaches of a letting agency agreement.
  • Representing a publishing company in a 4 day trial successfully recovering sums paid for an ineffective financial software system.

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Qualifications


  • Registered practitioner in the Dubai International Financial Centre (DIFC)
  • Major Scholar, Inner Temple
  • MSc Construction Law & Dispute Resolution, King’s College London
  • Dip Law, City University
  • BA, Bristol University

Memberships


  • British Japanese Law Association
  • Chartered Institute of Arbitrators (FCIArb)
  • Commercial Bar Association
  • LCIA European Users Council
  • London Common Law and Commercial Bar Association
  • Society of Construction Law (UK & Gulf)
  • Technology & Construction Bar Association

Rankings


  • Legal 500 2024 London Bar: recommended for Construction, Energy, International Arbitration and Professional Negligence
  • Legal 500 2024 Middle East: the English Bar: recommended for Construction
  • Chambers UK 2024: recommended for Construction, International Arbitration: Construction/Engineering and Professional Negligence: Technology & Construction
  • Chambers Global 2024: recommended for Construction
  • Who’s Who Legal 2024: national leader and global leader for Construction

Recommendations


“Crispin Winser is an exceptionally hard-working and brilliant barrister” … “His expertise in international construction arbitrations is exceptional and he is clear, concise and extremely convincing.”

Chambers & Partners, 2024

“Crispin is clever, works hard and fast, has clarity of thought and a pleasant demeanour. He is a spectacular advocate.”

Legal 500, 2024

“Crispin can dissect complex legal issues and identify key arguments and strategies, and his extensive knowledge and meticulous ensure he can build a strong case.”

Legal 500, 2024

“Crispin is an excellent advocate, balancing a willingness to investigate matters fully to gain a mastery of the details, with a firm eye on the core matters in dispute to provide practical, commercial advice and incisive cross-examination.”

Legal 500, 2024

“Extremely knowledgeable and pragmatic, explains clearly and concisely. Not just the law itself but strategically how to reach the desired objective.”

Legal 500, 2024

“He’s just always composed, really, really smart and very measured. He delivers beautiful advocacy which is a pleasure to listen to.” … “Crispin is an excellent and approachable leader.” … “Crispin raises the game because he will think of every possible argument, which makes him a challenging opponent.” … “His written work is extremely good and he has shown himself to be a very adept advocate.”

Chambers & Partners, 2023

“He is extremely intelligent, quick and efficient, and his advocacy style is calm, measured but forceful when necessary.” … “Crispin is excellent” … “Crispin is an extremely bright barrister who solicitors would highly recommend in international arbitration. He is able to process and distill large volumes of information which he is able to assess quickly to get to the nub of the matter. He retains information at his fingertips and when asked for his views he is very quick to provide sound, reasoned and practical advice.”

Legal 500, 2023

“He is a good sounding board for strategies and excellent on his feet where he is very calm and assured.” … “A very clinical and really compelling advocate.” … “His strengths lie in quickly grasping the matter of the dispute and delivering fast, reliable advice.”

Chambers & Partners, 2022

“Crispin is frighteningly bright. He has a forensic mind which allows him to see through the chaff and get to the nub of any issue quickly. His advocacy style is calm, measured but insistent. Very effective.” … “Simply superb. Very responsive, helpful and suitably aggressive when he needs to be. A dedicated expert in his field. Richly deserved elevation to silk.” … “An excellent and polished advocate who works exceptionally hard to master the papers and be fully on top of the brief.”

Legal 500, 2022

“Reasonable, on top of the detail, commercial and an amazing advocate – particularly at cross-examination.”

Legal 500 EMEA, 2021

“a highly recommended dispute resolution practitioner who excels at assisting construction and energy sector clients in complex proceedings”

Who's Who Legal 2021

“One of the standout performers among senior juniors at the Construction Bar. He is thorough, well prepared, and an effective advocate.” … “He’s considered, calm under pressure and able to get up to speed quickly.”

Chambers & Partners, 2021


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