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Crispin Winser

Call 2003

"An exceptional junior with considerable technical skills."
(Legal 500 2015)

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, Chambers UK and Chambers Global.

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 the employer in a $1bn ICC arbitration relating to an international airport in the Middle East.
  • Gray v Elite Town Management [2016] EWCA Civ 1318 – Acting in a party wall dispute arising out of adjoining basement constructions in central London.
  • Acting for the developer of a £250m project in central London in TCC proceedings involving multiple applications for injunctive relief.
  • Acting for a joint venture contractor in a £multi-million PFI dispute in the TCC and a related adjudication.
  • Acting for a contractor in a £1.5m loss and expense arbitration.
  • 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 £7m DIAC arbitration.
  • Inframatrix Investments 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.
  • £100m LCIA arbitration concerning an Oil and Gas project in the Middle East.
  • Advising on contractual and jurisdictional issues in relation to a hotel project in Abu Dhabi.
  • Acting for a Danish contractor in DAB proceedings relating to a power plant in the Caribbean.
  • 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.
  • $130m international arbitration concerning a hotel and condominium development in the Caribbean, which suffered hurricane damage during the course of construction.
  • Obtaining freezing injunctions (in the TCC) and orders for sale (in the Chancery Division) of the assets of a development company and its director following non-payment of an adjudication decision.
  • Advising an Irish-Portuguese joint venture contractor in relation to a road-building project in the Republic of Ireland.
  • 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.

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

  • 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.

Selected Cases

  • $multi-billion LCIA arbitration arising from an oil and gas project in the Middle East.
  • $1bn ICC arbitration relating to an international airport in the Middle East.
  • $85m ICC arbitration concerning civil engineering works in the Middle East.
  • $40m LCIA arbitration arising out of a tunnelling project in the Middle East.
  • £7m DIAC arbitration concerning a construction project in Dubai.
  • £100m LCIA arbitration concerning an oil and gas project in the Middle East.
  • $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.

Professional Liability

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

Selected Cases

  • 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.
  • 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.

News


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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

Recommendations


“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 commentators.”

Chambers UK 2017

“He is incredibly thorough and has an instant grasp of detail”

Chambers UK 2017

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

Legal 500 2017

Comments in previous editions of Chambers and Legal 500 include the following:

“A good advocate who gives concise, practical advice”

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

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

“an exceptional junior with considerable technical skills” … “has a sharp drafting style, is easy to work with, and is committed and responsive”

“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” … “a talented junior, extremely hardworking and very bright”


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