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Crispin Winser KC

Call 2003 • KC 2021

"absolutely first rate" ... "an excellent cross-examiner"
(Who's Who Legal 2020)

Construction & Engineering

Recommended in Legal 500, Chambers UK, Chambers Global and Who’s Who Legal

Crispin’s experience ranges from residential building disputes to major international projects. He has been instructed in cases concerning residential extensions and conversions, houses, hotels, hospitals, apartment blocks, schools, housing estates, shopping malls, leisure centres, factories, power stations, process plants, water treatment works, roads, railways, airports, tunnels, micro-tunnels, pipelines and Oil and Gas installations (both onshore and offshore). He has dealt with many of the standard forms (e.g. JCT, ICE, NEC, FIDIC, IChemE) and a range of bespoke contracts.  He is one of the authors of Emden’s Construction Law.

Crispin is a TECBAR accredited adjudicator, acts for and advises adjudicating parties and appears in the TCC on enforcement proceedings. Reported adjudication cases include:

Selected Cases

  • Northumbria Healthcare NHS Foundation Trust v Lendlease Construction & ors – representing the roofing contractor in a multi-party TCC claim for over £140m arising out of a PFI project for the design, construction and facilities management of a hospital. One of The Lawyer’s Top 20 Cases of 2022.
  • WM Morrisons Supermarkets v Lorien Engineering Solutions & ors – lead counsel for the main contractor in a multi-party TCC claim for over £34m in respect of the allegedly defective refurbishment of an abattoir leading to a substantial loss of profit. One of The Lawyer’s Top 20 Cases of 2021.
  • Acting for the employer in a €10m ICC arbitration relating to the disputed termination of a contract for the construction of a medical facility. FIDIC Yellow Book. Maltese seat and Maltese law. 5 day evidential hearing.
  • Acting for the employer in a $100m ad hoc international arbitration concerning the construction of an 8-lane expressway. FIDIC Red Book. Middle Eastern seat and substantive law of the Middle Eastern state. 13 day evidential hearing.
  • Eco World – Ballymore Embassy Gardens v Dobler UK [2021] EWHC 2207 (TCC); [2021] TCLR 7; 197 Con LR 108 – representing the employer in a case about the enforceability of LADs where the employer had taken partial possession of the works but the contract contained no mechanism for reducing the level of LADs.
  • Doosan Enpure v Interserve Construction [2019] EWHC 2497 (TCC); [2019] BLR 630 – acting for a contractor in a £5m dispute with its JV partner concerning the release of interim payments in respect of an upgrade to a water treatment works under an NEC3 Option C target cost contract.
  • Acting for a contractor in a $400m LCIA arbitration relating to an oil and gas project in the Middle East. Bespoke contract. London seat and substantive law of the Middle Eastern state. 2 week evidential hearing. Issues included contractual interpretation, process engineering, delay analysis and quantum.
  • Acting for a Middle Eastern government in a $500m ICC arbitration relating to the construction of an international airport. FIDIC Red Book. Middle Eastern seat and substantive law of the Middle Eastern state. 13 day evidential hearing. Issues included analysis and quantification of claims for extensions of time, prolongation and disruption costs.
  • Acting for a state-owned oil company in a $multi-billion LCIA arbitration arising from an oil and gas project in the Middle East. Bespoke contract. London seat and substantive law of the Middle Eastern state. 2 week evidential hearing. Issues included contractual interpretation, engineering practice in the oil and gas industry and quantity surveying practice.
  • Acting for a Middle Eastern government in a $750m ICC arbitration relating to the construction of an international airport. FIDIC Yellow Book. Middle Eastern seat and substantive law of the Middle Eastern state. 65 days of evidential hearings. Multiple claims involving complex issues relating to design obligations, architecture, structural and seismic engineering, fire safety engineering, mechanical and electrical engineering, forensic delay analysis and quantum.
  • Acting for a police authority in a £multi-million dispute concerning the construction of a new custody facility. Issues included design obligations, energy efficiency, mechanical and electrical engineering, loss and expense.
  • Triuva Kapitalverwaltungsgesellschaft v Galliford Try v Alumet [2017] EWHC 275 (TCC) – acting for a contractor in a £3m claim arising out of alleged defects in glazing, curtain walling and cladding works to a ten-storey office building in Birmingham.
  • Gray v Elite Town Management [2016] EWCA Civ 1318 – acting in a party wall dispute arising out of adjoining basement constructions in central London. Appeared as sole counsel in two week-long trials and in the Court of Appeal.
  • Acting for the developer of a £250m project in central London in TCC proceedings involving multiple applications for injunctive relief and complex issues of law and geotechnical and structural engineering.
  • Acting for a joint venture contractor in a £multi-million PFI dispute in the TCC and a related adjudication.
  • Rohan & Ors v Daman Real Estate Capital Partners [2013] DIFC CA 005 and CA 006 – acting for purchasers in the DIFC (Court of First Instance and Court of Appeal) in a claim for AED 12m arising out of delay to a mixed-use development in Dubai.
  • Acting for consulting engineers in a $12m DIAC arbitration.  Dubai seat and UAE substantive law. 4 day evidential hearing. Issues related to mechanical and electrical engineering and quantum.
  • Inframatrix v Dean Construction [2012] EWCA Civ 64; 140 Con LR 59; [2012] 28 Const LJ 438; [2012] CILL 3145 – representing a developer in the TCC and in the Court of Appeal in relation to a £2m claim for defects in the construction of a specialist camera factory.
  • Harrison & ors v Shepherd Homes [2011] EWHC 1811 (TCC); 27 Const LJ 709 – acting for the residents of a housing estate in a 5-week TCC trial successfully recovering damages for losses resulting from defective piled foundations.
  • Acting for a developer in a $130m international arbitration concerning a hotel and condominium project in the Caribbean which suffered hurricane damage during the course of construction. London seat and substantive law of the Caribbean Island. 2 month evidential hearing.
  • Acting for the Anglo-Japanese-Irish consortium that built the Dublin Port Tunnel in relation to claims before a DAB for delay, disruption, loss and expense totalling about 300m Euros. ICE 7th edition. Irish seat and Irish substantive law. Multiple DAB hearings. Issues included ground conditions (involving geotechnical engineering), design strength, the design approvals procedure and the analysis and quantification of delay, disruption, loss and expense.
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Qualifications


  • Registered practitioner in the Dubai International Financial Centre (DIFC)
  • Major Scholar, Inner Temple
  • MSc Construction Law & Dispute Resolution, King’s College London
  • Dip Law, City University
  • BA, Bristol University

Memberships


  • British Japanese Law Association
  • Chartered Institute of Arbitrators (FCIArb)
  • Commercial Bar Association
  • LCIA European Users Council
  • London Common Law and Commercial Bar Association
  • Society of Construction Law (UK & Gulf)
  • Technology & Construction Bar Association

Rankings


  • Legal 500 2023 London Bar: recommended for Construction, Energy and International Arbitration
  • Legal 500 2022 Middle East: the English Bar: recommended for Construction
  • Chambers UK 2023: recommended for Construction, International Arbitration: Construction/Engineering and Professional Negligence: Technology & Construction
  • Chambers Global 2022: recommended for Construction
  • Who’s Who Legal 2022: national leader and future leader for Construction

Recommendations


“He’s just always composed, really, really smart and very measured. He delivers beautiful advocacy which is a pleasure to listen to.”

Chambers & Partners, 2023

“He is extremely intelligent, quick and efficient, and his advocacy style is calm, measured but forceful when necessary.” … “Crispin is excellent” … “Crispin is an extremely bright barrister who solicitors would highly recommend in international arbitration. He is able to process and distill large volumes of information which he is able to assess quickly to get to the nub of the matter. He retains information at his fingertips and when asked for his views he is very quick to provide sound, reasoned and practical advice.”

Legal 500, 2023

“He is a good sounding board for strategies and excellent on his feet where he is very calm and assured.” … “A very clinical and really compelling advocate.” … “His strengths lie in quickly grasping the matter of the dispute and delivering fast, reliable advice.”

Chambers & Partners, 2022

“Crispin is frighteningly bright. He has a forensic mind which allows him to see through the chaff and get to the nub of any issue quickly. His advocacy style is calm, measured but insistent. Very effective.” … “Simply superb. Very responsive, helpful and suitably aggressive when he needs to be. A dedicated expert in his field. Richly deserved elevation to silk.” … “An excellent and polished advocate who works exceptionally hard to master the papers and be fully on top of the brief.”

Legal 500, 2022

“Reasonable, on top of the detail, commercial and an amazing advocate – particularly at cross-examination.”

Legal 500 EMEA, 2021

“a highly recommended dispute resolution practitioner who excels at assisting construction and energy sector clients in complex proceedings”

Who's Who Legal 2021

“One of the standout performers among senior juniors at the Construction Bar. He is thorough, well prepared, and an effective advocate.” … “He’s considered, calm under pressure and able to get up to speed quickly.”

Chambers & Partners, 2021

“Hard-working, team player who really understands how to present in international arbitration – should be a QC already.” … “Hard-working, great team player. Excellent cross-examination skills. Best junior barrister I have come across.” … “An excellent senior-junior – very clever and responsive.”

Legal 500, 2021

“absolutely first rate … an excellent cross-examiner in an arbitration context”

Who's Who Legal, 2020

“highly responsive … creative and quick on his feet, with real substance on the intellectual side of a dispute” … “He is stunningly good. His work is detailed and his manner of cross-examination is incisive but pleasant.” … “He prepares thoroughly and is very perceptive and good on his feet”

Chambers & Partners, 2020

“Very proactive and impressive.” … “Extremely hardworking, very effective in cross-examination and always responsive.”

Legal 500, 2020

“Excellent and technically very able. He is very personable and not afraid to roll up his sleeves and work as part of a wider legal team.”

Chambers & Partners, 2019


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