Kim Franklin
- Date of Call: 1984
- Email: franklin@crownofficechambers.com
General Information
Kim completed a law degree at the University of Warwick and was called to the Bar in 1984. After training with both Keating and Atkin Chambers she quickly established a name for herself as a construction specialist. Practising from Crown Office Chambers since its formation in 2000 Kim has become an increasingly prominent figure in major infrastructure projects and other complex domestic and international disputes.
Most recently she has:
- advised international lawyers in the BVI, representing hotel developers in St Lucia.
- represented technical auditors for latent defects insurance provided for new housing throughout Ireland.
- acted for developers of a multi-million pound UK leisure complex.
- advised an Urban Development Corporation in a Government Enquiry into construction procurement in Trinidad & Tobago.
- acted in a dispute over the power supply in Antigua in the Eastern Caribbean Appeal Court.
- represented successful Japanese developers in a lengthy ICC dispute over a chemical processing plant in the UK.
Professional Guide
brings a clear, lucid and elegant style to her advocacy - she is a fluent and unflappable performer whose obvious wealth of knowledge and clarity of speech make her submissions all the more persuasive' (Chambers & Partners, 2010)
'a satisfied raft of solicitors and clients who return to her time after time' (Chambers & Partners, 2009)
Practice
Recognised as a leading construction junior by Chambers & Partners for seven consecutive years, Kim is described as ‘having plenty of backbone', ‘inspiring confidence' and being ‘popular with clients'. Whilst being ‘a pleasure to work with' she also enjoys a reputation for making life difficult for the other side. Commentators note that ‘she really puts her back into your cause and helps gets results'.
Kim's practice comprises the full range of building, civil engineering and construction related work and all forms of dispute resolution. Its strength lies in its diversity and includes contractors' claims, negligence claims against construction professionals, disputes arising from standard and bespoke forms of construction contract. Insurance claims and claims relating to defective and damaged buildings.
Increasingly Kim acts for developers including privatised utilities and major infrastructure providers and is involved in disputes involving power stations, shopping and leisure centres, process engineering plants, hospitals, rail projects, commercial and residential developments.
She appears in the High Court, including the Court of Appeal and the Supreme Court, in ICC arbitrations, in adjudication proceedings and in mediations.
Kim is appointed as an international construction arbitrator and adjudicator.
Cases:
- Aldgate Construction Company Ltd v Unibar Plumbing and Heating Ltd (TCC) [2010] EWHC 1063 - claim for lost profits from fire damaged development.
- The Edmond Stern Settlement v Simon Levy Associates No.s 1 and 2 [2009] EWHC 14 (TCC); [2009] N.P.C. 6 and (2007) 113 Con LR 92 - Appeal from Arbitrator's Award on point of law.
- Cubitt Building & Interiors Ltd v Richardson Roofing (Industrial) Ltd [2008] BLR 354 - Incorporation of Arbitration clause and the right to stay for Adjudication.
- All in One Building v Makers UK Ltd (2006) CILL 2321- Stay of execution of Adjudicator's decision on grounds of insolvency.
- Capital Structures plc v Time & Tide Constructions Ltd (2006) CILL 2345 - duress as a ground for resisting enforcement of an Adjudicator's decision.
- London & Amsterdam Properties v Waterman Partnership [2004] BLR 179 - Enforcement of an Adjudicator's decision resisted on the grounds of breach of natural justice.
- CRS v Taylor Young & Partners [2002]1 WLR 1419 HL - Contribution claim by construction professionals struck out on the grounds that the Contractor was co-insured with the Employer and not ‘liable' under S.1 of the Civil Liability (Contribution) Act 1978.
- Griffin and Tomlinson v Midas Homes (2002) 18 Const LJ 67 - Effect of invalid Adjudication Notice.
- West Faulkner Associates v. London Borough of Newham (1994) CA 71 BLR 1 - Architects' negligence. Meaning of ‘proceeding regularly and diligently' in JCT determination provisions.
Arbitration:
Since gaining the coveted status of Chartered Arbitrator in 2000, Kim has been appointed to act in international and domestic arbitrations and expert determinations.
She has received both Party and Presidential appointments for
- - a construction dispute in Dubai
- - sizeable claims by Local Authorities for defective housing stock
- - claims by construction professionals and property development consultants for disputed fees
- - claims by and against contractors arising out of contracts for infrastructure works to railway stations, MOD housing and other commercial developments.
Most recently she has received a party nomination for a DIAC arbitration and gave an Expert Determination on a PFI maintenance contract for 30 schools in the UK.
Adjudication:
Kim is an accredited adjudicator with TecSA, TECBAR and the RIBA. She has been the appointed adjudicator for disputes arising out of Heathrow Terminal 5, a new commercial court centre and a gas processing plant.
Mediation:
Kim is an ADR Group accredited mediator.
Publications:
Kim is a joint editor of the long established Construction Law Journal. Together with Sue Lindsey, she was well known for their popular legal column in The Architects Journal.
Academic:
Kim is an external tutor at the Centre of Construction Law, London and a senior external lecturer for the Diploma in Arbitration Law taught at the College of Estate Management in the UK and Hong Kong.
Membership:
- Technology and Construction Courts Barristers Association (TECBAR) (Former Committee Member)
- Chartered Institute of Arbitrators (Former PCC Chair)
- Society of Construction Arbitrators (First Woman Member)
- Society of Construction Law (Former Council Member)
- Worshipful Company of Arbitrators (Liveryman and Court Assistant)
Interests:
Collecting art, writing fiction and enjoying time with her children.
