Roger ter Haar QC

Roger ter Haar QC

Personal Information

EDUCATION

  • Felsted, Magdalen College, Oxford.
  • BA Jurisprudence 1973
  • Became Bencher of Inner Temple 1993
    (1995-1999: Chairman, Inner Temple Estates Committee)

 

General Information

  • Joined Chambers at 2 Crown Office Row, September 1975 (Crown Office Chambers from April 2000)
  • Appointed Counsel to the Treasury (Common Law) 1985
  • Took silk 1992
  • Appointed Boundary Commissioner 2000
  • Appointed Recorder and authorised to sit as a Deputy High Court Judge 2003
  • Admitted to the Irish Bar
  • Admitted to the Bar of Gibraltar
  • Acts as Arbitrator (listed as a Leading Silk in International Arbitration in Chambers UK  2009
  • Acts as Adjudicator (TECBAR Accredited)
  • Former Chairman Lloyds Disciplinary Committee
  • Ad hoc Member of the Bar of Hong Kong

 

Practice

Construction and Engineering disputes
Has extensive experience of acting in construction and engineering disputes both within the UK and internationally.  Cases in which he has been involved as counsel or arbitrator include disputes relating to projects in Australia, Bahrein, Bangla-Desh, Eire, Bulgaria, Gibraltar, Hong Kong, India, Indonesia, Jersey,  Kuwait, Pakistan, Saudi Arabia, Taiwan, Tanzania and the United States of America.  Clients have included Governments, Local Authorities, other Employers, Contractors, Sub-Contractors and professionals.  He has acted as Counsel for Plaintiffs and Defendants in numerous professional negligence cases arising out of allegations of negligence against architects, engineers and quantity surveyors.  Significant cases include:

London Underground Ltd v. Citylink Telecommunications Ltd [2007] EWHC (TCC) 1749 (Lovells)
Henry Boot Construction Ltd. v Alstom Combined Cycles Ltd. [2005] 1 W.L.R. 3850 (Lovells)
Alstom Signalling Ltd. v Jarvis Facilities Ltd [2004] EWHC 1285 (TCC) (Lovells)
Alstom Signalling Ltd. v Jarvis Facilities Ltd (2004) 95 Con LR 55 1285 (TCC) (Lovells)
AWG Construction Services Ltd. v Rockingham Motor Speedway Ltd. [2004] EWHC 888 (TCC) (Lovells)

He sits as an arbitrator and adjudicator in construction and engineering disputes.

*Listed as a Leading Silk by Chambers & Partners 2009 (both for Construction and Construction: International Arbitration) and in Legal 500 2008 and as an expert in Legal Experts 2008

 


Insurance and reinsurance
Has acted in numerous insurance and reinsurance disputes both for insurers/reinsurers and insured/reinsured including many cases of alleged entitlement to avoid.  Cases in which he has been instructed have concerned claims for losses incurring in many countries outside the United Kingdom including Australia, Azerbaijan, Brunei, Egypt, Hong Kong, Isle of Man, Israel, the Philippines, Saudi Arabia, Taiwan, the United States of America, Eire and Venezuela.  He has also been instructed by the Serious Fraud Office in connection with conspiracies relating to insurance and reinsurance matters.  Reported cases in which he has been involved include:

Axa Insurance UK PLC v. Norwich Union Insurance Ltd [2007] LL.R.IR Plus 45 EWHC 1046 (Comm) (Andrew Smith J) (dual insurance - whether EL or motor policy responded) (Beachcrofts)
Drake Insurance PLC v. Provident Insurance PLC  [2004] Q.B.601 (Barlow Lyde & Gilbert)
International Lottery Management Ltd  v. Dumas [2002] LL.R. IR 237 (Hextall Erskine)
Kennecott Utah Copper Corpn v. Cornhill Ins. [2000] LL.R IR 179 (Beachcroft Wansbroughs)

He sits as an arbitrator in insurance matters and has sat as a Chairman of a Lloyd's Disciplinary Committee

*Listed as a Leading Silk in Chambers & Partners 2009 and in Legal 500 2008 and as an expert in Legal Experts 2008

 

Education
Has been instructed in many of the leading cases in relation to Educational Negligence, including:

Carty v London Borough of Croydon [2005] 1 WLR 2312 (A.P. Law)
DN v London Borough of Greenwich [2004] EWCA Civ 1659 (Teacher Stern Selby)
Flaxman-Binns v Lincolnshire County Council [2004] 1 WLR 2232 (McKinnels)
Bradford-Smart v West Sussex County Council  [2002] 1 FCR 425; [2002] EWCA Civ. 7 (Teacher Stern Selby)
Phelps v. Hillingdon Borough Council [2001] 2 AC 619 (Teacher Stern Selby)
X v. Bedfordshire County Council [1995] 2 AC 633 (Educational negligence) (Teacher Stern Selby)

 

Energy
Has extensive experience of advising and appearing in cases concerning the power station industry including cases relating to royalty revenue entitlement, contracts for the sale of oil, claims related to alleged environmental pollution, and claims relating to contracts for the construction and maintenance of power stations.   These cases have concerned projects in China, Hong Kong, India, Indonesia, Singapore, Taiwan, the USA as wells as in the UK.   Significant cases include

Henry Boot Construction Ltd. v Alstom Combined Cycles Ltd. [2005] 1 W.L.R. 3850 (Lovells)
Henry Boot Construction  Ltd v. Alstom Combined Cycles Ltd (1999) 64 Con.L.R. 32. (Lovell White Durrant)
TBV Power v. Elm (Masons)

 

Professional Negligence
Has acted as Counsel for Claimants and Defendants in a large number of professional negligence cases involving allegations of negligence against insurance brokers, underwriting agents, doctors, solicitors, barristers, surveyors and valuers, architects, engineers, quantity surveyors, patent agents, educational psychologists, teachers and others.  Reported cases in which he has been involved include:

Rowley v. Secretary of State for Work & Pensions [2007] EWCA Civ. 598 (CSA negligence) (Forshaws)
Johnson v. Gore Wood (No. 2)  [2003] EWCA Civ. 1728 and [2004] Civ. 14 (Solicitors' negligence) (Shoosmiths)
Guang Xin Enterprises Ltd. v.  Kwan Wong Tan and Fong [2003] 3 HKLRD 527 (Accountants' negligence) (Deacons)
Johnson v. Gore Wood [2002] 2 AC 1 (solicitors' negligence) (Shoosmith)
FNCB v. Barnet Devanney [1999] LL.R. IR 459 (Insurance brokers' negligence) (Hextall Erskine)
Mortgage Corporation v. Halifax [1999] LL.R PN 159 (valuers' negligence) (Kennedys)

He sits as an arbitrator in professional negligence matters.

* Listed as a Leading Silk by Chambers & Partners 2009 (both for Professional Negligence and for Professional Negligence: Technology and Construction) and Legal 500 2008 and as an expert in Legal Experts 2008

 

Planning
As one of the Junior Counsel to the Crown (Common Law) had extensive experience of planning matters particularly on appeal to the High Court.  Reported cases include:

Tidman v. Reading Borough Council [1994] 3 PLR 72
Graham v. Secretary of State for Environment [1991] JPL 353 (Treasury Solicitor)
Dover District Council v. Secretary of State [1991] 1 PLR 48 (Treasury Solicitor)
South Lakeland DC v. Secretary of State [1991] JPL 440 (Treasury Solicitor)
Young v. Secretary of State [1990] 2 PLR 802 (Treasury Solicitor)
McKay v Secretary of State [1989] 1 PLR 7 (Treasury Solicitor)
R v. Secretary of State ex parte Surrey Health Borough Council [1987] 56 P&CR 250 (Treasury Solicitor)
Wilson v. Secretary of State [1988] 1 PLR 101 (Treasury Solicitor)

Has acted as advisor to the States of Jersey on planning and compulsory purchase matters.  (In 1994 he appeared for the States of Jersey in a compulsory purchase arbitration lasting four months).

 

Administrative Law
As one of the Junior Counsel to the Crown (Common Law) had extensive experience of administrative law cases.  Reported cases in which he has appeared include:

King v. Great Britain China Centre [1992] ICR 516 (Treasury Solicitor)
Customs & Excise v. Air Canada [1991] 2 QB 446 (Customs & Excise)
R v. Secretary of State for Foreign and Commonwealth Affairs, ex parte Everett [1989] 1 QB 811 (Treasury Solicitor)
R v. Secretary of State for Home Department ex parte Sivakumaran [1988] AC 958 (Treasury Solicitor)
R v. Immigration Appeal Tribunal ex parte Ruhul [1987] 1 WLR  1538 (Treasury Solicitor)
R v. Reading Crown Court ex parte Hutchinson [1988] 1QB 384 (Treasury Solicitor)
R v. Secretary of State for Home Department ex parte Thornton [1986] 2 All ER 641 (Treasury Solicitor)
TBA Industrial Products v. Laine [1987] ICR 75 (Treasury Solicitor)

 

Employment Law and Discrimination
Reported cases in which he has been involved include:

King v. Great Britain China Centre [1992] ICR 516 (Treasury Solicitor)
Fisher v. York Trailer [1979] ICR 834 (Engineering Employers Federation)
Amies v.ILEA [1977] ICR 308 (ILEA Solicitor)

 

General Common Law and Commercial litigation
Experience includes:

Banking cases
(e.g. Attock Cement v. Romanian Bank for Foreign Trade [1989] 1 WLR 1147 (Simon Olswang);
Banque de L'Indochine and Suez v. Rayner [1983] QB 711 (Clyde & Co))

Personal injury cases:
(e.g. Hussain v. New Taplow Paper Mills [1988] 1 AC 514 (Merricks))

Fire claims
(e.g. Rigby v. Chief Constable of Northamptonshire [1985] 1 WLR 1242; (Cameron Markby Hewitt)
Mark Rowlands v. Berni Inns [1986] QB 211, (Cameron Markby Hewitt))


Tax cases
(e.g. Lewis v. Walters [1992] STC 97 (Inland Revenue Solicitor)
ICI v. Colmer [1992] STC 51 (Inland Revenue Solicitor))

Commons Registration
(Fisons Horticulture v. Bunting) [1976] 240 EG 625 (Blyth Dutton))

Criminal cases
(e.g. R v. Inner London Crown Court ex parte Benjamin 85 Cr. App. R 276 (Treasury Solicitor)
Morrow v. DPP 14 BMLR 54 (Treasury Solicitor))

Sale of Goods
Re: Stapylton Fletcher Ltd [1994] 1 WLR 1181 (Rubinstein Callingham Polden & Gale)
Albright & Wilson UK Ltd [2001] 2 All E.R. (Comm) 537 (Beachcroft LLP)

 

Publications/Seminars

Co-editor (with Marshall Levine) of Construction Insurance & UK Construction Contracts, 2nd Edition (Informa, Sep 2008). 

The team of experts involved in writing this publication include:  Simon Howarth, Andrew Rigney, Anna Laney and Charles Pimlott, all of Crown Office Chambers.

 

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