Andrew Bartlett QC

Andrew Bartlett QC

General Information

Head of Crown Office Chambers.

He read Law at Oxford.
FCI Arb 1988.
Chairman of TECBAR 2007-2010.
Chartered Arbitrator.
Adjudicator accredited by TeCSA and TECBAR.
Deputy High Court Judge.
Judge of the Upper Tribunal (Tax and Chancery Chamber. Administrative Appeals Chamber).
Judge of the First-tier Tribunal (General Regulatory Chamber).
Bencher of Middle Temple.

 

Practice

His practice has a strong bias towards cases with technical elements or insurance issues. His principal fields of work as an advocate or an arbitrator are: insurance policy disputes; construction and engineering claims; professional negligence; commercial contracts; and product liability.


Insurance

'Leader at the Bar' (Chambers & Partners, 2010)
'Leading Silk' (The Legal 500, 2009)

Insurance disputes have involved a wide range of policies, including professional indemnity, material damage, public and products liability, D & O liability, global liability, legal expenses, building and contents covers (including fire, burglary, business interruption), CAR, trustees' indemnity, title insurance, personal accident, financial loss and guarantee insurance, and various reinsurances. Issues handled include policy construction, aggregation, non-disclosure, insurable interest, agency, breach of warranty, illegality, proof of loss.


Construction

Leader at the Bar' (Chambers & Partners, 2009)
'Leading Silk' (The Legal 500 2009)

Construction and engineering claims have involved technical issues in civil, structural, mechanical, and electrical engineering, hydrology, and electronics, and contractual issues under a wide variety of standard forms and bespoke contracts.


Professional Negligence

Leader at the Bar' (Chambers & Partners, 2010)
'Leading Silk'  (The Legal 500, 2009)

Experience in professional negligence includes cases involving accountants, financial advisers, insurance brokers, lawyers, architects, engineers, quantity surveyors, valuers, project managers.


Adjudications and Arbitrations

Cases arbitrated have ranged over insurance, electronics, civil engineering, financial services, and miscellaneous commercial disputes. He has been instructed as counsel in ICC arbitrations. Undertakes construction adjudications, of which he has a specialist knowledge, either as the adjudicator or as counsel.

Experience includes chairing the Financial Services and Markets Tribunal in cases involving insurance, market abuse and other matters. Recently arbitrator in a $120 million project insurance dispute. Currently arbitrator in a US tropical storm damage claim.


Comments in independent directories include-

Chambers & Partners 2010, Construction: "‘a master of the detail and an intellectual powerhouse"; "the kind of counsel who emanates confidence"; someone you would trust implicitly in terms of his legal advice and analysis"

Legal 500 2009, Construction: "he fights hard in a measured way"

Chambers & Partners 2010, Professional Negligence: "is known for is his painstakingly meticulous preparation'; ‘ he is never caught off guard

Chambers & Partners 2009, Construction: "a class performer with an excellent eye for strategy"; "He cuts to the chase really well, finds the big points and makes sure he wins them"

Legal 500 2008, Professional Negligence: "a real details man"

Legal 500 2008, Costs: 'a strong choice for technical or insurance-related cases'

Legal 500 2008, Construction: "a clever thorough strong advocate, he cuts to the heart of the matter and simplifies complex principles"

Chambers & Partners 2008, Professional Negligence: “an undoubted star in construction work, who can also turn his hand to most types of professional negligence”. A ‘Star Performer’ in the field of Professional Negligence (Technology & Construction).

Chambers & Partners 2008, Construction: “impresses with his record in adjudications and an “incisive courtroom style that gets straight to the point.” He “has a knack for finding the best points and hammering them home”.

The Legal 500 2007, Construction: A Leading Silk – “enormously clever, measured and meticulous; you can just see opinions being swayed”.

The Legal 500 2007, Professional Negligence: “highly recommended”.

The Legal 500 2007, Costs: Leading Silk

Chambers & Partners 2007, Professional Negligence: Ranked for the second year running as the top QC in construction-related professional negligence.

Chambers & Partners 2007, Construction: “renown for a huge intellect and encyclopaedic knowledge of case law has spread throughout the construction community”. “He gets under the skin of a matter and on top of the detail. He finds things that no one else does.” “A favourite of solicitors seeking counsel in litigation involving architects, engineers, quantity surveyors and project managers.”

Chambers & Partners 2006, Professional Negligence: “Words fail to describe [his] talents.” “The ‘very best’ for heavyweight cases within the construction professional negligence field and beyond, he ‘applies a stamp of authority to a case that few can match’.”

Chambers & Partners 2006, Construction: “intelligent and meticulous”, “has a tendency to make opponents feel like intellectual pygmies in comparison”.

The Legal 500 2005, Construction: “a favourite for technically complex construction matters”.

Chambers & Partners 2005, Construction: “calm and authoritative”, “crisp and to the point”, “a very effective, and rather scary, cross-examiner”, “gets to the meat very fast”.

Chambers & Partners 2005, Professional Negligence: “remarkable”, “head and shoulders above the rest when it comes to construction professional negligence work”, “a first port of call for the really complex cases”, “even if you weren’t going to instruct him, you’d seek his advice so that he wouldn’t act for the other side”.
The Legal 500 2004, Construction: “calm, authoritative, and terrific on detail”.

Chambers & Partners 2003-4, Construction: “a clinical and a devastatingly thorough cross-examiner”, “clear thinking and succinct legal argument”, “goes for the jugular in a ‘nice’ way”.

Chambers & Partners 2003-4, Professional Negligence: “known for his construction and insurance work”, “considered impressive for adjudication”.

 

Publications/Seminars

General Editor of Emden’s Construction Law (Butterworths).

Author of numerous articles, including Model Arbitration Award no 1 (2000) 66 Arbitration 108, Client-friendly Arbitration (2000) 66 Arbitration 2, Attribution of Contributory Negligence: Agents, Company Directors and Fraudsters (1998) 114 LQR 460, Searching for Duties of Care: the Fire Brigade Cases (1998) 14 Const L J 20 and [1997] JPIL 147, Utmost Good Faith: Misrepresentation and Non-Disclosure (1997) 141 Sol Jo 952, Professional Indemnity Insurance: is there a duty to defend the assured? (1997) 13 PN 59.

Teaches the TECBAR adjudication course. Undertakes seminars for Bar associations, solicitors’ firms and others.

Contributor to Atkin's Encyclopaedia of Court Forms in Civil Proceedings (2008)

 

Selected Cases

Arbitrator in an international insurance arbitration for tropical storm damage to a resort in Florida (2010).

Arbitrator in an international insurance arbitration for hurricane damage to a construction project in the Caribbean (2010).

Adjudicator in a dispute over a wind farm project (2009).

Amsprop Ltd v ITW Ltd [2009] EWHC 2689 (TCC), fire at Hard Rock Café.

Flexsys America LP v XL Insurance Company Ltd [2009] EWHC 1115 (Comm), effect of drop down clause in global master policy, ‘personal and advertising injury'.

The Buncefield litigation Commercial Court 2008, explosion at tank farm. With Julian Field, Alexander Antelme and Richard Sage.

Fosse Motor Engineers Ltd v Conde Nast [2008] EWHC 2037 (TCC), fire in distribution warehouse.

Taylor Woodrow Construction v RMD Kwikform Ltd [2008] EWHC 825 (TCC), whether arbitrator validly appointed.

Braes of Doune Wind Farm (Scotland) Ltd v Alfred McAlpine Business Services Ltd [2008] EWHC 426 (TCC),  arbitration in Scotland, jurisdiction of English court, liquidated damages clause.

London Underground v Metronet Rail [2008] EWHC 502 (TCC), PPP dispute. With Alexander Antelme.

Bunney v Burns Anderson Plc [2007] EWHC 1240 (Ch), powers of Financial Ombudsman Service. With Simon Howarth.

Tate Gallery v Duffy Construction Ltd (No 2) [2007] EWHC 912 (TCC), reasonable precautions condition. With Julian Field.

Tate Gallery v Duffy Construction Ltd [2007] EWHC 361 (TCC), co-insurance, construction. With Julian Field.

McGlinn v Waltham Contractors Ltd [2007] EWHC 149, 294, 698 (TCC), architect’s negligence.

HG Construction Ltd v Ashwell Homes (East Anglia) Ltd [2007] EWHC 144 (TCC), adjudication enforcement.

Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 1134, ATE policies.

Tioxide Europe v CGU International Insurance [2005] EWCA Civ 928, affirming [2005] Lloyds Rep IR 114 (Com Ct), product liability insurance.

Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd [2005] EWCA Civ 134, [2005] 1 WLR 2557, change of party after expiry of limitation period.

Re RSA Pursuit Test Cases [2005] EWHC (Costs), ATE policies.

Paine v Catlins [2005] Lloyds Rep IR 665, [2004] EWHC 3054 (TCC), fire insurance.

Mirant Asia-Pacific Construction v Ove Arup [2005] EWCA Civ 1585 and [2003] EWCA Civ 1729, civil engineering.

London & Amsterdam Properties Ltd v Waterman Partnership [2004] BLR 179, [2003] EWHC 3059 (TCC), construction adjudication.

Albright & Wilson v Biachem [2002] UKHL 37, [2002] 2 All ER (Comm) 753, sale of chemicals, explosion.

Co-operative Retail Services v Taylor Young Partnership [2002] UKHL 17, co-insurance, Civil Liability (Contribution) Act.

Medivance Instruments Ltd v Gaslane Pipework Services Ltd [2002] EWCA Civ 500, fire.

Hammersmith Hospitals NHS Trust v Troup Bywaters & Anders [2001] EWCA Civ 793, environmental engineering.

Royal Brompton NHS Trust v Hammond [2001] BLR 317, CA, Court of Appeal’s discretion to vary its judgment.

Royal Brompton NHS Trust v Hammond [2001] BLR 297, CA, court’s case management powers.

Royal Brompton NHS Trust v Hammond [2000] BLR 75, TCC, engineer’s obligation to provide mechanical and electrical co-ordination drawings.

 

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