Anna Laney

Anna Laney

General Information

Sits as a Recorder (Crime)

 

Professional Guide

Anna is listed in the 2007, 2008 and 2009 Editions of "The Legal 500" as a Leading Junior in the field of Construction; her 2009 entry noting that she "responds very quickly, and knows her law". She is listed in the 2009 Edition of Chambers & Partners as a leading junior in Construction

 

Practice

Anna practices in a wide range of civil litigation with particular emphasis on construction and commercial disputes.  She is an experienced advocate appearing regularly in the High Court and in arbitration as well as within the alternative dispute resolution forums of mediation and adjudication.

She understands and appreciates the commercial and practical difficulties that litigation presents, which are all the more acute in the current economic conditions.  She takes a pro-active role in the management of cases and is happy to attend client meetings and site views both within the UK and abroad in order to assist her lay and professional clients.


 

Construction & Engineering Disputes

Anna's entry in Chambers & Partners comments ‘"A big character, she invests all she does with enthusiasm, industry and skill." Her fluency and technical skills were much commented upon.'

Legal 500 notes that she "responds very quickly, and knows her law".

Anna has wide experience of acting in construction and engineer disputes both within the UK and overseas. She acts for employers, contractors, sub-contractors and professionals, representing both claimants and defendants.  Anna has dealt with claims for additional and defective work, extensions of time and prolongation, as well as allegations of negligence against construction professionals including architects, quantity surveyors, structural and process engineers.  She has experience of the major forms of JCT and FIDIC Contracts. 

Examples of Recent Work:

Acting for consortium in relation to defective design of earthworks by civil engineers resulting in delay and claims for costs of additional works and loss of profits.

Acting for earthworks contractor in relation to final account claim in respect of a new holiday park; main contractor counterclaiming over £1million for defective works and consequential losses.

Instructed as junior on a £10million claim for delay and disruption.  Acting for piling contractor where main contractor alleged that the secant pile installation and associated ground works were defective. 

Acting for developer where architect had undertaken to convert planning drawings into working drawing, claims for losses arising out of differences between two layouts.

Acting for contractor where architect's soundproofing design within blocks of flats was alleged to be negligent; issues about remoteness of damage and disputes about the appropriate remedial scheme.

Acting for process engineer in a claim relating to the design and construction of a fertilizer process plant in the Philippines, in particular the plant's performance in certain weather conditions.

Acting for homeowner in a dispute concerning contracting parties where allegations of deceit as builder/defendant asserted that he acted as agent for third party.

Acting for homeowner in relation to conversion of 1960's bungalow; arguments over mode of determination of contract; scope of contract; entitlement to payment for additional work.

  

Arbitration

She has acted in two significant ICC arbitrations where multi-million dollar claims were advanced, as well as several domestic arbitrations.

Examples of Recent Work

Acting as Junior in relation to claim for US$50M against state owned Bulgarian company on behalf of an Arab contractor

Acting as junior in claim for US$20M against sub-contractor for wrongful determination of contract relating to construction of a sports complex in Beirut on behalf of UK based main contractor.

Defending £250,000 claim arising out of alleged defective construction of domestic swimming pool hall with arguments over workmanship, design and claims for loss and expense.

Acting for builder in a claim for £150,000 which arose out of the development/refurbishment of a private property, where issues over form of contract (counterparts did not correspond), claims for additional works, and allegations of defective work and delay.

 

Adjudication

Anna has experience of both contractual and statutory adjudications with subject matter  arising out of construction, engineering and process matters.  She has been involved in every stage of the process: drafting referrals and responses, appearing at adjudication hearings and attending upon enforcement proceedings.

Examples of Recent Work

Acting for international engineering company in £1.2million adjudication where 100 discrete sub-claims arising out of relocation of car production line: allegations of non-payment relating to scope, and counter-arguments of defective and incomplete works and delay.

Acting for developer/respondent in adjudication seeking payment of final account with arguments over jurisdiction and crystallisation of disputes.

Acting for employer/respondent in adjudication where disputes as to governing terms, requirement for withholding notices and valuation of works.

 

Commercial

Anna advises and acts for clients in cases involving breach of commercial agreements, breach of fiduciary duties, fraudulent and negligent misstatement and misrepresentation.    She has a niche practice in mortgage shortfall recovery work and consumer credit recovery claims with particular emphasis on limitation and assignment issues acting for both mortgagors and mortgagees.

Examples of Recent Work

Acting for family run business resisting a declaration that contract with a multinational waste company had correctly terminated a contract; counterclaim for damages including loss of profit and other consequential losses.

Acting as junior in Commercial Court defending US$100million claim against two directors of a shipping company who were pursued in personal capacity. Allegations of negligent and fraudulent misstatement based.

 

Fire Claims

Anna is regularly instructed by insurers to deal with the technical and legal issues that are a feature of claims for damages caused by fire.

Examples of Recent Work

Claim for £600,000 where damage alleged to have been caused by the negligent design, manufacture and fitting of gas fires in a private London property.  Detailed arguments about causation and forseeability of loss.

 

Publications/Seminars

Among the team of experts involved in writing Construction Insurance and UK Construction Contracts (2008, Informa, co-editor Roger ter Haar of Chambers)

Anna is a regular speaker at Chambers nationwide seminars, and is happy to present in-house talks on request.

 

Selected Cases

Amsprop Ltd v ITW Ltd (t/a Hobart UK) [2009] EWHC 2689 (TCC) (29 October 2009): Successful defence of £800,000 claim arising out fire at Hard Rock Café. Acting for service engineer whose acts/omissions were alleged to have caused fire. Led by Andrew Bartlett QC.

Upton McGougan v. Bellway Homes [2009] EWHC 1449 (TCC): requirement for particulars of breach to be pleaded where professional negligence is alleged.

Landfast (Anglia) Ltd v Cameron Taylor One Ltd 117 Con. L.R. 53: recoverability of damages where loss suffered by assignee rather than assignor.

Abu Dhabi Investment Company & Others v. H. Clarkson Ltd & Others [2007] EWHC 1267 (Comm):directors' fiduciary duties, misrepresentation and mistake.

SCI Azure Estates Ltd v Mullen [2007] EWHC 263 (QB): contractual formation, intention to create legal relations and retrospective application of agreement

Skanska Construction UK Limited v. Egger Barony Limited
[2002] EWCA Civ 1914, (2003) CILL 1969: Thorpe LJ, Latham LJ, Lawrence Collins J
[2005] EWCA Civ 501: Buxton LJ, Dyson LJ, Maurice Kay LJ
[2005] EWHC 284 (TCC), (2005) CILL 2210: HHJ Wilcox

 

 

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