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Charles Pimlott

Call 2001

"He's a great opponent who lets you get away with nothing."
(Chambers UK 2016)

Charles Pimlott specialises in construction and energy disputes, insurance, professional negligence, and commercial litigation.

He is recognised by Chambers & Partners (2016) as a leading junior in the fields of Construction and International Arbitration.

Construction & Engineering

Charles cases have involved technical issues in civil, structural, mechanical and electrical engineering under a wide variety of standard form (notably, JCT, NEC, ICE, FIDIC) and bespoke contracts, often with large amounts of paperwork and involving difficult expert evidence of a highly scientific nature, and contested oral evidence. His work has ranged from domestic conversions to major infrastructure projects and process plant design. He has experience of arbitration and adjudication and is instructed frequently in relation to applications for the enforcement of adjudication decisions. He is a TECBAR accredited adjudicator.

Selected Cases

  • Acting on behalf of a luxury hotel group in relation its c£90 million dispute arising out of the fit-out of the Shard.
  • Acting for a national facilities management company in relation to a c£2m adjudication.
  • Acting for a national developer in relation to a substantial dispute concerning the proper interpretation of a cyclical repair and maintenance contract.
  • Acting on behalf of the Employer in relation to a FIDIC dispute adjudication board arising out of the construction of a major sewerage network.
  • Acting on behalf of a developer in relation to a c£20M claim arising out of the dismantling of an oil and gas power station.
  • Acting for the contractor in a c£20m DIAC Arbitration arising out of the construction of a major hotel in Dubai.
  • Acting for the Employer in relation to a c£100million LCIA Arbitration arising out of an oil and gas project in the Middle East.
  • Acting for the Employer in relation to a c£500m DIAC arbitration arising out of a major construction project in Dubai, UAE.
  • Acting on behalf of various defendants in claims arising out of the Buncefield explosion.
  • International Arbitration (seated in Cayman), involving a $120m project insurance dispute arising out of property damage caused to a 5-star hotel following Hurricane Ivan.

Adjudication

Charles is frequently instructed in adjudications and related court proceedings (such as enforcement proceedings and Part 8 claims). He is also a TECBAR accredited adjudicator.

Selected Cases

  • PP Construction v Geoffrey Osborne Limited [2015] EWHC 325 (TCC) – Acted for the successful Claimant in an application to enforce an adjudication decision.
  • Harding v Paice & Springall [2014] TCC EWHC 3824 (Court of Appeal) – Acting for the successful respondents to an application brought in the TCC to restrain the pursuit of an adjudication.
  • Fileturn Ltd v Royal Garden Hotel Ltd [2010] EWHC 1736 (TCC) & Harris Calnan Construction Co Ltd v Ridgewood (Kensington) Ltd [2007] EWHC 2738 (TCC) – Successful enforcement of adjudication awards.
  • Acted for a national facilities management company in relation to a c£2m adjudication.
  • Acted for a national developer in relation to a substantial dispute concerning the proper interpretation of a cyclical repair and maintenance contract.
  • Acted for the employer in a final account dispute.
  • Acting as adjudicator appointed by the parties in a c£2million dispute in relation to a substantial construction project in Central London.
  • Acting for an architect in an adjudication arising out of the setting out of a large housing estate.

International Arbitration

Charles acts as counsel in domestic and international arbitrations, particularly in connection with construction, engineering, infrastructure and energy projects and related insurance disputes.

Selected Cases

  • Acting on behalf of the Employer in relation to a FIDIC dispute adjudication board arising out of the construction of a major sewerage network.
  • Acting on behalf of a developer in relation to a c£20M claim arising out of the dismantling of an oil and gas power station.
  • Acting on behalf of the contractor in a c£20m DIAC Arbitration arising out of the construction of a major hotel in Dubai.
  • Acting on behalf of the Employer in relation to a c£100million LCIA Arbitration arising out of an oil and gas project in the Middle East.
  • Acting on behalf of the Employer in a c£500million DIAC arbitration arising out of a major construction project in Dubai
  • International Arbitration (seated in Cayman), involving a $120million project insurance dispute arising out of property damage caused to a 5-star hotel following Hurricane Ivan.

Commercial

Experience in commercial litigation includes cases involving the sale of goods, sale and purchase agreements, contracts of guarantee and bonds. He has acted for clients both within and outside the jurisdiction, often involving conflicts of law. He has appeared in the High Court on applications and trials. He has also advised and acted in arbitrations and has regularly acted for clients in successful mediations and other forms of ADR.

Selected Cases

  • Acting on behalf of the defendant in a claim arising out of the hire and servicing of a commercial helicopter.
  • Acting on behalf of the Claimant in a claim arising out of a contract for the hire of a commercial wine-filling machine, Mercantile List, Manchester District Registry.
  • Advising in relation to a dispute arising out of the supply and installation of defective vehicle engine batteries.
  • Advising in relation to the meaning of “reasonable endeavours” in the context of a sale and purchase agreement.

Insurance & Reinsurance

Insurance disputes have involved a wide range of policies, notably professional indemnity, material damage and buildings and contents covers (including fire, subsidence, flooding and business interruption). Issues handled have included policy construction, material non-disclosure, breach of warranty (including claims under the NHBC Buildmark Policy), proof of loss and repudiation.

Selected Cases

  • Acting on behalf of insurers in relation to a c£50m claim arising out of a professional indemnity policy, issues include material non-disclosure and policy coverage.
  • Acting on behalf of a major developer in relation to a £500k claim arising out of a policy indemnifying the purchaser of a new home against construction defects.
  • Advising in relation to a £500k subsidence claim brought under the terms of a buildings and contents policy.
  • Advising in relation to a £200k claim brought under the terms of an NHBC Buildmark Policy.
  • Advising in relation to whether a joint names CAR policy responded to loss and damage arising from a fire caused by a sub-contractor’s negligence.

Professional Liability

Charles has acted for both claimants and defendants and their indemnity insurers in relation to claims brought against the whole range of construction industry professionals including engineers, architects, design consultants and project managers. He has also been instructed in relation to claims against financial services and legal professionals.

Selected Cases

  • Acting on behalf of a civil and structural engineering consultancy in relation to a c£2M claim arising out the design and specification of slab, foundation and ground improvement works.
  • Acting on behalf of an architect in relation to a claim arising out of the design of foundations at a residential home.
  • Acting on behalf of a solicitor in relation to alleged negligence in connection with the conveyance of a commercial property.
  • Acting on behalf of an architect in relation to a c£1million claim arising out of the setting out of a large housing estate.

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Events


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Qualifications


  • MA (Cantab)

Memberships


  • Commercial Bar Association
  • LCIA Young International Arbitration Group
  • London Common Law & Commercial Bar Association
  • Professional Negligence Bar Association
  • Society of Construction Law (UK & Dubai, UAE)
  • Technology & Construction Bar Association

Recommendations


“He’s a great opponent who lets you get away with nothing.”

Chambers UK 2016

“He gets salient points out of witnesses when you think there are none to be had.”

Chambers UK 2016

“He is very highly regarded; he’s always on the money and has a very nice manner in court.”

Chambers UK 2016

“His advocacy works extremely well in the Technology and Construction Court.”

Legal 500 2016

“An intelligent individual who has a great manner towards both clients and tribunals.”

Chambers UK 2015

“Particularly adept at handling highly technical and scientific construction and engineering cases.”

Chambers UK 2014

“Incredibly straightforward and polished.”

Chambers UK 2013

“Very bright and very impressive.”

Chambers UK 2013

“Increasingly active on international mandates, particularly in the Middle East.”

Chambers UK 2012

“A highly effective barrister who thinks things through very well.”

Chambers UK 2011


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