Michael Curtis QC

Michael Curtis QC

General Information

John Watson Open Scholarship, Brasenose College, Oxford. 
MA (Oxon) in Law.
Harmsworth Entrance Exhibition (Middle Temple)
MSc (Construction & Arbitration Law), Kings College London.  Ranner Arbitration Prize.
Former lecturer in constitutional and administrative law at the University of Westminster.
ACIArb.
Co-author of Emden's Construction Law

 

Professional Guide

Chambers & Partners (2010):  Leader at the Bar in Construction
"Instructing solicitors regularly call on Michael Curtis QC.  Curtis has formidable technical expertise - ‘his ability to read, understand and critically analyse complex reports is extremely good' report sources.  In addition, he combines a meticulous approach with a view of the bigger picture such that he remains ‘usually at least one step ahead of the game' ".

Legal 500 (2009): Leading Silk in Construction

Chambers & Partners (2009):  Leader at the Bar in Construction
"understated but extremely solid"; "has established a fine reputation for his construction and engineering expertise, in all kinds of dispute resolution"

Legal 500 (2007): Leading Junior in Construction
"extremely bright and practical"

 

Practice

Construction

Extensive experience of construction and engineering disputes, acting for employers, contractors and construction professionals in disputes of all kinds both in litigation, arbitration and adjudication.  Some of the claims concern property damage caused by or arising in the course of construction and engineering operations.  Recent work includes:

  • Acting for the developer in a 3-month $150m international arbitration concerning a hotel and condominium development in the Caribbean, which suffered hurricane damage during the course of construction. The arbitration settled in the second month of the hearing (2010).
  • The Buncefield litigation: instructed on behalf of Total in a series of quantum trials in the TCC and the Commercial Court where the sums in dispute range from £5m to £50m (2010).
  • Acting for the Project Manager in a 2 month £30m multi-party arbitration concerning a commercial development in London. The arbitration settled in the first month of the hearing (2009).
  • Three Valleys Water PLC v London Fire & Emergency Planning Authority [2009] EWHC 3109 (Mr. Justice Edwards Stuart): acting for London Fire in a claim concerning the respective responsibilities of water companies and fire authorities for the repair and maintenance of fire hydrants.
  • Coal Pension Properties v Nu Way Ltd (2009) 124 Con LR 76: acting for the claimants in a £2m claim arising out of an explosion at their Oxford Street store caused by a defective gas booster. 
  • Acting for the developers in a claim against their structural engineers for an indemnity in respect of compensation the developers had to pay to settle actions brought against them by purchasers of property on a residential estate in Essex as a result of failed foundations.  The claim was the subject of an unsuccessful early neutral evaluation in the TCC but eventually settled shortly before trial.
  • Orange Personal Communications Services Ltd v Hoare Lea (A Firm) (2008) 117 Con LR 76, Akenhead J: acting for Orange in a claim for flood damage to Orange's Bristol data centre.
  • Acting for the claimant solicitors in a £2m claim for flood damage at their city offices (2008).
  • Kajima UK Engineering Ltd v Volumetric Ltd and others: acting for subcontractors and suppliers in a claim arising out of the construction and subsequent demolition of a block of flats in Leeds.
  • Acting for the main contractors in a dispute with their subcontractors arising out of the failure of two storage tanks whilst being tested before handover. The case settled shortly before trial.
  • Advising on jurisdictional issues in connection with a claim arising out of a fire at a paper mill.
  • City & General (Holborn) Limited v AYH PLC [2006] BLR 55 Jackson J: acting for the defendants in an application concerning the court's powers under the Arbitration Act 1996 s 18 to order two arbitrations to be heard together.

 

Insurance

Acting both for insurers and insured in claims arising under a variety of different types of policy, including disputes about policy construction and avoidance.  Recent work includes:

  • Leading a team of 3 juniors in a 3-month $150m international arbitration concerning a claim under a project policy for hurricane damage caused to a hotel and condominium development in the Caribbean (2010). The arbitration settled in the second month of the hearing. The claim involved complex issues of assessment of damage, quantification of loss and policy construction. There were 51 factual witnesses and 18 experts.
  • Advising the insured in a fire claim where insurers sought to avoid the policy. Insurers agreed to provide an indemnity shortly after the completion of the pre action protocol.
  • Advising insurers on the combined effect of the terms of the construction contracts and the insurance policies in respect of an office development.
  • Acting for insurers in the Commercial Court in relation to a $50 claim arising out of the delay to the construction of a power station in Pakistan. The claim settled shortly before the trial of a series of preliminary issues concerning the interpretation of the policy.
  • Advising in respect of a claim by a solicitor against his firm for failure to arrange insurance on his behalf. Issues included whether the solicitor would have been eligible for insurance in any event.

 

Commercial

Experience of dealing with a wide range of commercial disputes.  Recent work includes:

  • A £2.5m claim concerning defective gas booster pumps.
  • Advising in a claim concerning an undersea natural gas pipe-line.
  • Advising on the respective liabilities of housing authorities and electricity suppliers for the repair and renewal of electrical risers in residential tower blocks
  • Advising on the proper forum (England or Austria) for a claim relating to the supply of defective printing equipment
  • Acting for the manufacturer in a claim concerning the supply of defective gas valves.
  • Acting for the Healthcare Commission, which sought permission to be joined as a party in the Court of Appeal in Trent Strategic Healthcare Authority v Jain. The case was concerned with the extent (if any) of the duty of care owed by regulatory bodies to the persons whom they regulate.
  • Acting for the regulator to strike out a claim brought against it in negligence and under the HRA.
  • Trac Time Controls v Rowan Plastic Mouldings [2005] All ER (D) 06 (Jan): successfully appearing for the 4th party in a 4 week £4m sale of goods case concerning the supply of defective polycarbonate.

 

Professional negligence

Wide experience of professional negligence claims, but in particular claims involving professionals in the construction and engineering industries.  Recent work includes:
  • Acting for the Project Manager in a 2 month £30m multi-party arbitration concerning a commercial development in London. The arbitration settled in the first month of the hearing (2009).
  • Acting for the developers in a claim against their structural engineers for an indemnity in respect of compensation the developers had to pay to settle actions brought against them by purchasers of property on a residential estate in Essex as a result of failed foundations.  The claim was the subject of an unsuccessful early neutral evaluation in the TCC but eventually settled shortly before trial.
  • Advising a firm of architects in a dispute with an NHS Trust arising out of the design of a new hospital.
  • Advising a set of chambers in relation to a claim against its former solicitors relating to their failure to renew a lease.
  • Acting for the owner of a stables in a claim against her former solicitors for the negligent conduct of an earlier claim by her against the MOD for losses caused by low flying aircraft.

 

Regulatory / Public Law

Wide experience of advising and representing providers and regulators in the private healthcare sector in numerous cases.  He has also acted in other public law cases, particularly those with a commercial element.  Cases include:

  • Three Valleys Water PLC v London Fire & Emergency Planning Authority [2009] EWHC 3109 (QB)
  • Bamgbala v CSCI [2008] EWHC (Admin) 629
  • R (on the application of Walton) v CSCI [2007] EWHC (Admin) 3336
  • Foster v (1) Eastbourne Borough Council (2) Peter Arkell [2004] EWCA Civ 36

 

Print Page | Request Word CV