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Crispin Winser

Call 2003

"A confident advocate, who goes out of his way to achieve the best result for his clients."
(Legal 500 2017)

Crispin Winser specialises in construction, engineering, energy, insurance, professional liability and general commercial litigation, arbitration and dispute resolution both in the UK and internationally.

He is recommended as a leading practitioner by the Legal 500, Who’s Who Legal, Chambers UK and Chambers Global, in which he has been described as “exceptional”, “extremely talented”, “clever and practical”, “extremely hardworking and very bright”, “concise, clear and very helpful”, “incredibly thorough”“commercially astute”, “very cool and poised”, “approachable, friendly, responsive and good technically” and as being “a tenacious advocate” with “an excellent style of cross-examination”.

Commercial

Crispin’s practice covers sale of goods, supply of goods and services, agency, franchise, joint ventures, issues of jurisdiction, loan agreements, IT & telecommunications, property damage and product liability.

Selected Cases

  • Representing UK buyers in a claim against Italian sellers arising out of the disputed termination of a 1.2m Euro international sale of goods contract.
  • Acting for a multinational chemical company in relation to a joint venture in Central America.
  • Acting for a FTSE 250 company in a £1.5m claim for sums due under facilities management contracts.
  • Rohan & Ors v Daman Real Estate Capital Partners [2013] DIFC CA 005 & CA 006 – representing the buyers in the DIFC (Court of First Instance and Court of Appeal) in a claim for AED 12m for breach of sale and purchase agreements.
  • Advising a leading furniture retailer in relation to its liabilities under the Sale of Goods Act.
  • Advising an East African bank in relation to a dispute concerning a software licence agreement.
  • Acting for an MVNO in a TCC dispute with a major national mobile network operator concerning the interaction between the parties’ mobile telecommunications systems – involved contested applications for interim injunctions and security for costs.
  • Representing a manufacturer of postal franking machines at the 4 day liability trial and subsequent mediation of a claim for breach of a distribution agreement.
  • Advising a petrochemicals multinational in relation to the termination of a contract for the supply of chemical by-products.
  • Representing a leading London estate agent in a 4 day trial involving alleged breaches of a letting agency agreement.
  • Representing a publishing company in a 4 day trial successfully recovering sums paid for an ineffective financial software system.

Construction & Engineering

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

  • 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. Appeared as counsel (against leading QC) at 13 day evidential hearing. Issues include 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. Appeared as junior counsel in 2 week evidential hearing. Issues include 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. Appeared as counsel (against very senior QC and juniors) at evidential hearings lasting a total of 65 days. 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.
  • Triuva Kapitalverwaltungsgesellschaft v Galliford Try v Alumet [2017] EWHC 275 (TCC) – acting for a major 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 involving complex issues of law and of 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. Appeared as counsel at 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] 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.
  • Acting for a state-owned oil company in a £100m LCIA arbitration concerning an oil and gas project in the Middle East. Bespoke contract. London seat and substantive law of the Middle Eastern state.
  • Acting for a Danish contractor in DAB proceedings relating to a power plant in the Caribbean. London seat and English substantive law. Appeared as counsel at DAB hearing.
  • 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. Appeared as junior counsel in 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. Appeared as junior counsel at 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.

Energy & Natural Resources

Crispin’s energy practice involves large-scale projects in the UK and around the world.

Selected Cases

  • Representing a state-owned oil company in a $multi-billion dispute arising from an Oil and Gas project in the Middle East.
  • Representing a UK contractor in a dispute with an Italian steel fabricator in relation to a contract for the supply of steel products to an iron ore mine in West Africa.
  • Acting in a £multi-million dispute over the fabrication of process units for installation in an FPSO.
  • Advising in relation to a £100m renewable fuel power station.
  • Advising a European contractor in relation to a number of water treatment works and power generation projects.
  • £100m LCIA arbitration concerning an Oil and Gas project in the Middle East.
  • Advising in relation to a £15m biomass plant in Scotland.
  • Acting for a Danish contractor in DAB proceedings relating to a power plant in the Caribbean.
  • Acting for Total UK in relation to the explosion at the Buncefield Oil Storage Depot.

Insurance & Reinsurance

Crispin’s experience includes coverage disputes, non-disclosure, misrepresentation, late / non-notification, aggregation, co-insurance, fraudulent claims, brokers’ duties and the recovery of brokers’ commission. He is regularly instructed in relation to claims arising from defective products and fire and flood damage. Crispin is the co-author (with Sir Antony Edwards-Stuart) of the chapter on Insurance in Emden’s Construction Law.

Selected Cases

  • Aspen & Liberty Mutual v Sangster & Annand [2018] – acting for insurers in the Commercial Court obtaining a declaration of no liability to indemnify the insured contractor in respect of a £9m claim following a fire at a hotel in Scotland said to have been caused by hot works (and successfully resisting an application to the Court of Appeal for permission to appeal).
  • Acting for insurers in the Mercantile Court in relation to the disputed avoidance of a property policy for misrepresentation and breach of warranty and the alleged negligence of the brokers.
  • Acting against an insurer in a coverage dispute under a Public and Products Liability policy.
  • Acting for insurers in the Mercantile Court in relation to the disputed avoidance of a policy for arson.
  • Liberty Syndicate Management v Campagna [2011] EWHC 209 (TCC); 27 Const LJ 275 – acting in a multi-million Euro dispute arising from a latent defects insurance scheme for the construction of new houses across Ireland.
  • Acting for a local authority in relation to its insurer’s refusal to indemnify a £1m public liability claim.
  • Advising a joint venture contractor in relation to a 20m Euro claim under a project PI policy.
  • $130m international arbitration concerning a claim under a project all risks policy following hurricane damage to a hotel and condominium development in the Caribbean.
  • Advising insurers in relation to their potential exposure under historic PL policies to indemnify claims made by victims of alleged child abuse.
  • Advising insurers in relation to apparently fraudulent claims under a buildings policy.

International Arbitration

Crispin is a Fellow of the Chartered Institute of Arbitrators. He acts as counsel in domestic and international arbitrations, particularly in connection with construction, engineering, infrastructure and energy projects and related insurance disputes.  The Legal 500 2018 recognises him as One of the top junior barristers in the construction/arbitration field”.

Selected Cases

  • $500m ICC arbitration relating to the construction of an international airport. Middle Eastern seat and substantive law of the Middle Eastern state. Appeared as counsel (against leading QC) at 13 day evidential hearing.
  • $multi-billion LCIA arbitration arising from an oil and gas project in the Middle East. London seat and substantive law of the Middle Eastern state. Appeared as junior counsel in 2 week evidential hearing.
  • $750m ICC arbitration relating to the construction of an international airport. Middle Eastern seat and substantive law of the Middle Eastern state. Appeared as counsel (against very senior QC and juniors) at evidential hearings lasting a total of 65 days.
  • $85m ICC arbitration concerning civil engineering works in the Middle East. Middle Eastern seat and substantive law of the Middle Eastern state. Appeared as counsel at 5 day evidential hearing.
  • $40m LCIA arbitration arising out of a tunnelling project in the Middle East. London seat and English substantive law.
  • $12m DIAC arbitration concerning a construction project in Dubai. Dubai seat and UAE substantive law. Appeared as advocate at 4 day evidential hearing.
  • £100m LCIA arbitration concerning an oil and gas project in the Middle East. London seat and substantive law of the Middle Eastern state.
  • $130m international arbitration concerning a claim under a project all risks policy following hurricane damage to a hotel and condominium development in the Caribbean during the course of construction. London seat and substantive law of the Caribbean Island. Appeared as junior counsel in 2 month evidential hearing.

Professional Liability

Crispin has particular experience of claims against construction, financial services, insurance and legal professionals.

Selected Cases

  • Williams Tarr Construction v Roylance [2018] EWHC 2339 (TCC) – successfully defending a civil engineer in proceedings concerning alleged negligence in the design of a retaining wall.
  • Barnaby v Raleys Solicitors [2014] EWCA Civ 686; [2014] All ER (D) 42 (Jun) – acting (both at first instance and in the Court of Appeal) in a successful claim against solicitors for under-settlement of the underlying claim.
  • Successfully defending consulting engineers facing a £7m claim for alleged negligence in the design of the mechanical and electrical fit-out of flagship retail units.
  • Acting for corporate Approved Inspectors alleged to have owed a duty of care to the owner of the property they inspected for building control purposes.
  • Acting for insurers in the Mercantile Court in relation to the disputed avoidance of a property policy for misrepresentation and breach of warranty and the alleged negligence of the brokers.
  • Acting for solicitors alleged to have been negligent in the implementation of a tax scheme.
  • Sweett (UK) (formerly Cyril Sweett) v Michael Wight Homes [2012] EW Misc 3 (CC) – representing quantity surveyors alleged to have been negligent in relation to the non-provision of a performance bond.
  • Acting for architects facing a £0.5m claim for allegedly negligent design of a residential care home.
  • Liberty Syndicate Management v Campagna [2011] EWHC 209 (TCC); 27 Const LJ 275 – acting for technical auditors facing a multi-million Euro claim from the underwriters of a latent defects insurance scheme for failing to detect defects during the construction of houses across Ireland.
  • Acting for homeowners in a claim against a surveyor in relation to a negligent building survey.
  • Claim against architects for negligent design leading to failure of acoustic tests under the Building Regulations.

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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 & Young International Arbitration Group
  • London Common Law and Commercial Bar Association
  • Society of Construction Law (UK & Gulf)
  • Technology & Construction Bar Association

Rankings


  • Chambers UK 2019: leading junior for Construction and International Arbitration: Construction/Engineering
  • Legal 500 2018: leading junior for Construction and International Arbitration

Recommendations


“Excellent and technically very able. He is very personable and not afraid to roll up his sleeves and work as part of the wider legal team” … “Very responsive and very hard-working” … “He has an impressive intellect and is always very quick to grasp the detail on technical matters. His cross-examination is very effective.”

Chambers UK 2019

“Provides that combination of skills that are key in a senior junior: clear strategy, concentration on what really matters, and strong delivery” … “One of the top junior barristers in the construction/arbitration field”

Legal 500 2018

“A clever and practical construction specialist who is concise, clear and very helpful.” … “Very thorough and commercially astute. A tenacious advocate.”

Chambers UK and Global 2018

“A confident advocate, who goes out of his way to achieve the best result for his clients.”

Legal 500 2017

“Lauded junior whose practice extends from domestic residential development work and PFI matters to large-scale international arbitration. His drafting skill draws particular praise from market. He is incredibly thorough and has an instant grasp of detail.”

Chambers UK and Global 2017

“His excellent style of cross-examination proves effective with witnesses”

Legal 500 2016

“A good advocate who gives concise, practical advice”

Chambers UK 2016

“He’s all the things you want in a cross-examiner – effective in a very measured way and judges the tribunal well”

Legal 500 2015

“very cool and poised and approachable, friendly, responsive and good technically”

Chambers UK 2015

“an exceptional junior with considerable technical skills”

Legal 500 2014

“has a sharp drafting style, is easy to work with, and is committed and responsive”

Chambers UK 2014

“extremely talented” … “can be relied upon to get to the bottom of what matters” … “really hard-working and very enthusiastic” … “becoming an increasingly respected name in international arbitration”

Chambers UK 2013


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