Crispin Winser
- Date of Call: 2003
- Email: winser@crownofficechambers.com
General Information
Fellow of the Chartered Institute of Arbitrators - 2007
TECBAR Accredited Adjudicator - 2007
MSc Construction Law and Dispute Resolution (King's) - 2007
Major Scholar of the Inner Temple - 2002
Dip Law (City) - 2002
BA English and Philosophy (Bristol) - 2000
Practice
Crispin specialises in construction, insurance, professional negligence and general commercial litigation. In addition to drafting and advisory work, he has considerable experience of appearing as advocate in the County Courts. He also appears in the High Court (particularly the Technology and Construction Court), in arbitrations and in mediations. He has experience of working abroad in Ireland and Hong Kong.
Construction and Engineering
Crispin's experience ranges from residential building disputes to major international engineering projects. Throughout 2007 and 2008 he acted as junior counsel for the Anglo-Japanese-Irish consortium that built the Dublin Port Tunnel in relation to claims before a Dispute Adjudication Board for delay, disruption, loss and expense totalling €300m. He also acts as adjudicator (TECBAR accredited), advises adjudicating parties and appears in the TCC on enforcement proceedings.
Recent work includes:
- Advising a joint venture contractor in relation to a road building project in Ireland under the Public Works Contract.
- Obtaining a freezing injunction over the assets of a development company and its director following non-payment of an adjudication decision.
- Acting for contractors facing a claim for flooding damage resulting from allegedly negligent repairs to an underground water main and subsequent allegedly negligent exposure of the main.
Insurance
Crispin's experience includes disputes concerning policy construction, non-disclosure, late/non-notification, fraudulent claims, brokers' duties and the recovery of brokers' commission. As a pupil he was heavily involved in Drake Insurance plc v Provident Insurance plc [2004] 2 WLR 530, a leading case in which the Court of Appeal considered the extent of the duty of good faith, the question of materiality and the issue of equitable contribution in the light of rateable proportion clauses. Throughout 2009 he acted as junior counsel in an international arbitration of a $130m project insurance dispute arising out of hurricane damage to a luxury resort in the Caribbean.
Recent work includes:
- Advising an insurer in relation to apparently fraudulent claims under a buildings insurance policy.
- Acting for the insured to recover a shortfall in recovery under a life assurance policy.
- Advising a major cinema chain in relation to potential recovery under a CAR policy.
- Advising a major UK insurer in relation to its potential exposure to claims under historic PL policies.
General Commercial
Cases have involved the sale of goods, the supply of goods and services, agency agreements, franchise agreements and joint enterprise. He is currently instructed in relation to claims for property damage and business interruption arising out of the explosion at the Buncefield Oil Storage Depot in December 2005.
Recent work includes:
- Representing a publishing company in an action to recover sums paid for financial software as a result of misrepresentation and breach of contract.
- Advising a petrochemicals multinational in relation to the termination of a contract for the supply of chemical by-products.
- Acting for a partnership resisting a claim for monies due on termination of a business equipment lease agreement.
Professional Negligence
Crispin has provided advice and representation in respect of a number of professional negligence actions, particularly claims against construction, insurance and legal professionals.
Publications/Seminars
Author of the chapter on the Responsibilities of Local Authorities in Emden's Construction Law.
"Shutting Pandora's Box: The Prevention Principle after Multiplex v Honeywell" (2007) 23 Const LJ 511
PROFESSIONAL MEMBERSHIPS
Chartered Institute of Arbitrators (FCIArb)
Commercial Bar Association (COMBAR)
London Common Law and Commercial Bar Association (LCLCBA)
LCIA Young International Arbitration Group
Society of Construction Law
Technology and Construction Court Bar Association (TECBAR)
Selected Cases
OSC Building Services Ltd v Interior Dimensions Contracts Ltd [2009] EWHC 248 (TCC), Ramsey J
Construction adjudication - whether adjudicator exceeded his jurisdiction and whether respondent had submitted to a wider jurisdiction by engaging in the adjudication without protest
Allen Wilson Joinery Ltd v Privetgrange Construction Ltd [2008] EWHC 2802 (TCC), (123) Con LR 1, Akenhead J
Construction adjudication - contract in writing within s.107 of the HGCRA.
