Andrew Rigney QC

Andrew Rigney QC

Current Practice - Summary

His practice encompasses a wide range of civil and commercial work. The cases which he undertakes are frequently of a complex technical nature. His areas of expertise include (i) construction and engineering disputes (both in the TCC and in domestic and international arbitration) (ii) professional indemnity work (in particular engineers, architects, surveyors, solicitors and accountants) (iii) insurance and reinsurance (iv) commercial litigation including sale of goods, aviation, product liability, commercial leasing agreements, Brussels Convention/Judgments Regulation and other jurisdictional disputes.  He has practised at 2 Crown Office Row/Crown Office Chambers since the completion of his pupillage in 1993, and he took silk in 2010.

 

Professional Guide

Chambers and Partners (2010)
Leader at the Bar in the field of Construction

  • "startling mental capacity"
  • "an utterly dedicated lawyer who will work every given hour"
  • "strong and forceful but still charming"


Legal 500 (2009)
Leading Junior in the fields of Construction, Professional Negligence and Aviation

  • "completely impressive"
  • "can hold his own with the best from the specialist construction sets"


Chambers & Partners (2009)
Leader at the Bar in the field of Construction

  • "One of the most flexible and brilliant juniors around"


Legal 500 (2008)
Leading Junior in the fields of Construction and Aviation

  • "Absolutely outstanding
  • "Great to work with"


Legal 500 (2007) 
Leading Junior in the fields of Construction, Commercial Arbitration and Aviation

  • "Rigorous and methodical, yet also pragmatic and user-friendly"
  • "His understanding of commercial realities is impressive"
  • "Hard working, clever and excellent value for money"

 

Practice

Construction

He has considerable experience of very substantial construction disputes, involving complex technical and programming evidence. 

Recent cases have included:-

  • $500 million international arbitration arising out of construction project in the Middle East (2009-)
  • c£8 million claim arising out of the construction of a major by-pass, involving detailed technical evidence relating to design and construction (2009-)
  • £multi million dispute arising out of the construction of a railway (2009-) 
  • Led David Myhill against senior silk and junior in a c £3 million claim in respect of fire damage resulting from the failure of a CO2 extinguishment system in an aluminium factory (2008-2009)
  • Advising in relation to a c £5 million adjudication arising out of the construction of a hospital (2009)
  • c £2.5 million claim arising out of the Buncefield explosion (2009-)
  • c1 million claim arising out of the re-development of an industrial site (2009-)
  • A number of £multimillion fire claims (2009-)
  • Three month multi-million pound international arbitration in relation to the upgrading of the London Underground (2007-2008) 
  • Multi- million pound dispute arising out of a PFI contract relating to the construction of a road upgrade. Amongst other things, the case involved complicated technical evidence and difficult questions of construction arising out of the operation of the contractual machinery relating to variations (2007)
  • Representing Japanese contractors in a £35 million ICC arbitration relating to the construction of a petrochemical plant in which he appeared un-led against a senior silk and junior. This case involved complex technical engineering evidence and very detailed programming evidence (2006-2007)
  • c£1million dispute relating to the setting out of a major commercial development (2007)
  • Advising in relation to a c£2million dispute relating to the construction of a block of residential flats (2006)
  • c£40 million TCC dispute in relation to the construction of a power station.  This not only involved complex technical evidence, but also gave rise to interesting questions of incorporation, waiver and estoppel (2005)

Other cases have included

  • c£100 million arbitration relating to the construction of headquarters for the MoD
  • Acting on behalf of the main contractor in a c£50 million arbitration relating to claims for loss and expense arising out of work on the London Underground
  • Acting on behalf of the main contractor in a c£40 million defects and loss and expense claim against a sub-contractor
  • Advising in relation to disputes arising out of the construction of the Channel Tunnel Rail Link
  • c£3 million dispute relating to defects in the construction of a hotel. The case gave rise to interesting questions relating to the extent of the respective duties of the contractor and professional consultants
  • c£1million dispute relating to the construction of a steel mill

Wide experience of cases relating to adjudication, both during the adjudication process and in relation to the enforcement of adjudicators' decisions, including Parsons v Purac [2002] 7 BLR 334 (CA) and Bovis Lend Lease v Triangle Development [2003] 1 BLR 31, 86 Con LR 26

 

Insurance

Wide experience of property risks, life and PHI cover, professional indemnity policies, construction all risks policies (including DE and LEG clauses) including coverage disputes, fraud, non-disclosure, misrepresentation, moral hazard and co-insurance

Recent cases have included:-

  •  Multi-million international arbitration arising out of damage in the US (2009-)
  • £multi-million coverage dispute in relation to a fire at commercial premises (2009-)
  • Advising on professional indemnity policy wording (2009-)
  • Advising in relation to extent of cover, and the effect of the construction all risks policy upon the underlying liabilities of parties to a complex construction project in the context of claim for c£100 million (2007-2008)
  • Advising in relation to coverage issues and issues of non-disclosure in relation to a c £ 3 million dispute arising out of demolition works (2008-)
  • Advising in relation to issues of notification, coverage and co-insurance arising out of a multi-million pound claim concerning a flood alleviation scheme (2005-2006)

 

Commercial, aviation and product liability

He has considerable experience of complex commercial disputes, including disputes involving issues of jurisdiction and conflict of laws. 

Recent cases have included:-

  • Acting on behalf of the lessees in relation to a c£120 million claim arising out of a warehouse fire (2006-2009)
  • Acting on behalf of the suppliers of motor industry tooling in relation to a claim for c £8million (2009) 
  • Advising in relation to a renewable energy development (2009-)
  • Acting in relation to a jurisdictional dispute arising out of a substantial claim for commission (2009-)
  • Acting in relation to a dispute over tax liabilities arising out of a share purchase agreement
  • Acting in relation to number of multi million pound railway industry disputes (c£5-£10 million) concerning the repair of rolling stock, track maintenance and the fitness for purpose of various components (2006-2008)
  • Acting on behalf of the building owners in relation to a c £3 million dispute arising out of the failure of a CO2 fire extinguishment system (2008-2009)
  • Acting on behalf of the buyers in a multi million pound sale of goods/product liability claim relating to the supply of printing industry plant and equipment (2008-)
  • Acting on behalf of the developer of a major shopping development in relation to a c£1 million dispute with a retailer (2008)
  • Acting on behalf of the German tower crane manufacturer in relation to a c£10 million dispute arising out of an accident at Canary Wharf (2006-2007).  This involved a preliminary issue of jurisdiction under the Judgment Regulation - see Hewden Tower Cranes Ltd v Wolffkran GmbH [2007] 6 BLR 273
  • Acting on behalf of the Japanese manufacturers of sophisticated industrial printing presses in relation to a multi-million pound product liability claim arising out of a substantial fire at factory premises. In addition to complex technical evidence, the case gave rise to a novel question as to statutory interpretation and the operation of The Supply of Machinery (Safety) Regulations 1992 and The Machinery Directive 89/392/EEC - see Vibixa & Polestar Jowetts v Komori (UK) Ltd et al [2006] 1 WLR 2472 (2004-2006)

Other cases have included

  • Acting in relation to a series of product liability claims c£100 million arising out of the discolouration of uPVC. These cases involved eminent scientific experts from around the world in a number of different fields and gave rise to a series of interesting contractual issues including incorporation of terms, exclusion clauses, misrepresentation, reliance, estoppel and waiver. In addition, one such case involved substantial issues in relation to the disclosure of confidential information - see Premier Profiles Limited v Tioxide Europe Limited and Kronos Inc [2002] 10 BLR 467
  • Acting and advising in relation to a number of lengthy disputes arising out of a series of complex aircraft leasing agreements, including an action in the Commercial Court relating to letters of credit in the region of US$30 million. The issues involved have included rights of termination, restraint of trade, waiver, estoppel and remedies of specific performance, and, in addition, interesting questions of privilege and confidentiality
  • Acting in a c£3 million international arbitration on behalf of Swedish suppliers of engineering plant for use in the shipping industry in relation to a dispute with Russian buyers (involving issues of jurisdiction and in relation to rejection and termination)
  • Acting on behalf of a major finance house in relation to a number disputes arising out of very substantial commercial leasing agreements.  The issues involved have included penalty clauses, misrepresentation, mistake, exclusive remedies clauses, exclusion clauses, repudiatory breach and affirmation
  • Advising in relation to warehousing and distribution agreements (involving issues in relation to bailment, termination, liens and retention of title clauses)
  • Acting on behalf of manufacturers of components for commercial vehicles in the context of a substantial product liability claim
  • Acting on behalf of property insurers in relation to a c£4m recovery action following fire at a waste disposal plant
  • £1 million claim in relation to a rail franchise bid

 

Professional negligence

A wide range of professional indemnity work including claims against engineers, architects, surveyors, solicitors, quantity surveyors, brokers and accountants.  Recent cases have included

  • c£multi million claim against a firm of engineers (2009-)
  • c£multi-million claim  in relation to a hospital development (2009-)
  • Advising in relation to c£2m claim against a firm of civil engineers (2009-)
  • Advising in relation to a c£100 million dispute arising out of the collapse of a tunnel (2007-2008)
  • c£ 2½ million claim against architects and structural engineers arising out of a building conversion (2006-2007)
  • c£1 million dispute relating to the design of ground works (2007)
  • c£600,000 claim against structural engineers, architects and solicitors arising out of piling work during the construction of a basement at a residential property. This involved very difficult questions of causation and apportionment of liability (2004-2006)

Experience has included:-

  • c£50 million lender's negligence action
  • c£50 million claim against solicitors
  • c£1 million claim against quantity surveyors arising out of a shopping development
  • c£0.75 million claim against accountants in relation to due diligence in connection with a business purchase
  • Acting on behalf of risk assessors in multi million pound litigation arising out of the insurance of the US version of "Who wants to be Millionaire?"

 

 

Publications/Seminars

He is one of the editors of Emden's Construction Law and a contributor to Construction Insurance and UK Construction Contracts (Marshall Levine and Roger ter Haar QC).

TALKS AND SEMINARS

He has given numerous talks and seminars in relation to issues in commercial, construction and insurance law.

Topics have included:

  • Interpretation of commercial contracts and the relevance of the factual matrix
  • Liability of construction professionals for economic loss
  • Structure and interpretation of construction all risks policies
  • Misrepresentation, non-disclosure and the obligation of good faith in insurance contracts
  • Remoteness of Damage

 

PROFESSIONAL MEMBERSHIPS

  • Commercial Bar Association
  • Technology and Construction Bar Association (Committee member)
  • Society of Construction Law
  • London Common Law and Commercial Bar Association
  • Professional Negligence Bar Association

 

EDUCATION, TRAINING AND QUALIFICATIONS 

  • 1978-1985     
    Hulme Grammar School, Oldham
    Academic Prize
  • 1986-1989     
    Christ's College, Cambridge
    MA, English Tripos
  • 1989-1990    
    Japan Exchange and Teach ("JET") Programme: British Government/Japanese Government programme teaching English near Tokyo
  • 1990-1991    
    The City University
    Diploma in Law (Distinction)
  • 1991-1992     
    Gray's Inn
    Uthwatt Scholar  
    Mooting Award
    United States Moots Tour (1993)

 

Selected Cases

Vibixa & Polestar Jowetts v Komori (UK) Ltd et al [2006] 1 WLR 2472 (CA)

Polestar Jowetts Ltd et al v Komori (UK) Ltd et al [2005] EWHC 1674

Balfour Beatty Construction Ltd v Serco Ltd [2005] CILL 2232

Bovis Lend Lease Limited v Triangle Development Limited [2003] 1 BLR 31, 86 Con LR 26 (TCC)

Premier Profiles Limited v Tioxide Europe Limited and Kronos Inc [2002] 10 BLR 467

Parsons Plastics (Research and Development) Limited -v- Purac Limited [2002] 7 BLR 334 (CA)

ICM Computer Solutions plc v Black Horse Finance Limited [New Law, 2001121303] (CA)

John Young & Co v The Rugby Group [2000] EWHC 36 (TCC)

John Mowlem Construction plc v Secretary of State for Defence 82 Con LR 140  

Barclays Bank v Fairclough (No 2) 39 Con LR 144    

 

    

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