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Michele De Gregorio

Call 2003

“Immensely hardworking, very bright, an excellent lawyer, and very good with clients”
(Legal 500 2018)

Construction & Engineering

Michele has extensive experience of construction litigation within a range of industry sectors, from energy and infrastructure to domestic property disputes. He is frequently instructed as sole counsel in TCC proceedings, and has acted as part of larger teams in complex, multi-million pound disputes in both domestic and foreign jurisdictions. He has experience of arbitration (domestic and international), mediation and expert determination. Michele is a TECBAR accredited adjudicator and the editor of the chapter in Emden’s Construction Law on Architects, Engineers and Surveyors.

Selected Cases

  • Acting, together with Ben Quiney QC, in a number of TCC proceedings concerning the construction of a landmark mixed hotel / residential tower in Manchester.
  • Advising in arbitration proceedings concerning an international airport in the Middle East.
  • Acting on behalf of a fire protection contractor in TCC proceedings involving the refurbishment of the Palace of Westminster.
  • Acting in a claim against a utility services contractor arising out of a flooding incident on the Crossrail project.
  • Acting in an adjudication concerning defects in fermentation tanks at a UK biogas plant.  Michele was also instructed in related contribution proceedings against the tank lining sub-contractor.
  • Acting for the claimant in TCC proceedings involving a claim under s.1 of the Defective Premises Act 1972 in relation to plumbing defects.
  • Acting in a claim against design and build contractors in respect of storm damage to the claimant’s business premises due to the defective design of a siphonic roof drainage system.
  • Acting and advising in numerous claims against suppliers of electrical equipment under s.41 of the Consumer Protection Act 1987 and the Electrical Equipment (Safety) Regulations 1994.
  • Acting in a multi-million pound claim against contractors and design professionals arising out of a fire at a residential care home.
  • Acting in a claim against the provider of cctv and remote monitoring services in relation to a fire at commercial premises.
  • Advising on the enforcement of an adjudication decision against a company in administration.
  • Acting in a contribution claim against an architect in relation to the defective design of two care homes, which suffered from overheating and ventilation issues.
  • Carillion Construction v Emcor & ors [2016] BLR 382 (TCC); [2017] BLR 203 (CA) – Michele, led by Ben Quiney QC, acted for the acoustics subcontractor in a £5m delay and defects dispute concerning the construction of the Rolls Building. The case raised a novel point as to the application of extensions of time under the Domestic Sub-Contract DOM/2 standard form, which was decided by the Court of Appeal.
  • Acting for the claimant in two separate ICC arbitrations concerning the supply of wastewater treatment plants, one of which was the first arbitration to be conducted under the new ICC Expedited Procedure Rules.
  • Rossair v Primus Build [2017] EWHC 2430 (TCC) – enforcement of an adjudicator’s decision where the paying party claimed to be in a company voluntary arrangement (CVA). Michele acted for the successful referring party in the adjudication and on the enforcement proceedings.
  • Acting for a construction management company in an adjudication concerning a contract on the JCT Construction Management Appointment 2011 standard form.
  • DPM Property Services v Emerson Crane Hire [2017] EWHC 3092 (TCC) – appeal relating to an application for expert evidence in support of a counterclaim for defective groundworks, services and drainage.
  • Acting for one of three defendants in TCC proceedings concerning allegedly defective water cooled chiller units at Cannon Bridge House.
  • Squibb Group v Pole 2 Pole Scaffolding [2017] BLR 613 (TCC) – no extension of time for challenging an arbitration award, where arbitrator legitimately exercised a lien over the award pending receipt of his fees. Michele acted for the successful claimant in the arbitration.
  • Acting for an EPC contractor in a US$200m ICC arbitration concerning the construction of a processing plant in the Middle East. Michele was led by Andrew Rigney QC.
  • Obtaining an interim injunction to restrain payment under a performance bond in respect of an airport construction project in the Middle East.
  • Acting for the employer in adjudication enforcement proceedings – resisting enforcement on the grounds of the contractor’s inability to repay.
  • Acting for the developer of a prestigious development in Belgravia in connection with a nuisance and party wall dispute. Michele was led by Michael Curtis QC, and instructed together with Crispin Winser and Caroline McColgan.
  • Acting in an adjudication concerning a ground works subcontractor’s entitlement to re-measurement as a result of ground water encountered on site.
  • Acting for the main (design and build) contractor in an adjudication relating to the alleged insufficiency of the electrical supply installed in a large mixed residential and commercial development. Michele was led by Ben Quiney QC.
  • Acting as adjudicator in a dispute concerning the value of variations under an M&E sub-contract.
  • Acting for the employer in an adjudication arising out of a dispute over payment due to the main contractor under an interim certificate.
  • Acting as adjudicator in a dispute over an interim certificate in respect of a hotel development with a contract value in excess of £4m.
  • Instructed, together with Ben Quiney QC, in a series of adjudications concerning delays to construction and the consequences of a fire at a major London hotel development.
  • Gore v Stannard t/a Wyvern Tyres [2014] QB 1 (CA) – seminal decision on the application of strict liability under Rylands v Fletcher to cases involving the escape of fire. Michele and Jonathan Waite QC acted for the successful appellant. A PLC article on the case is available here.
  • Acting for property insurers in a £1m TCC claim arising out of a series of floods caused by defective valves at a prestigious London mansion block.
  • Archlane v Johnson Controls [2012] EWHC B12 (TCC) – claim involving a flood at Sea Containers House; late amendments to pleadings.
  • Acting for a multinational joint venture in disputes arising out of the first urban DBFO (PPI/PFI) roads project in the UK, involving claims in excess of £100m.
  • Acting for a leading UK interior design and property development company in a substantial arbitration against a foreign company on a key London building project.
  • Obtaining a freezing injunction and final charging order in TCC proceedings to enforce an arbitration award.
  • Acting for a leading firm of UK architects in arbitration proceedings in the DIAC relating to major construction projects in various locations in the Middle East.
  • Advising specialist contractors in a claim arising out of the construction of an energy conversion installation at a renewable energy plant.
  • Acting for the roofing contractor in TCC proceedings relating to the supply and installation of allegedly defective roofing materials.
  • Acting for property insurers in a TCC claim involving the escape of water from a West-End restaurant into a neighbouring restaurant.
  • Acting for a specialist marine engineering company in a Mercantile Court claim arising out of a contract for engineering works to a commercial vessel.
  • Acting for a renewable energy company in a claim arising out of damage to specialist equipment for use in offshore wind farms.
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Recommendations


“Immensely hardworking, very bright, an excellent lawyer, and very good with clients”

Legal 500 2018, Insurance & Reinsurance

“A very reassuring presence in conference and in court”

Legal 500 2018, Construction

“Very impressive. He knows his stuff and is a calm, persuasive advocate” and “Very user-friendly”

Chambers & Partners 2018, Property Damage

“He is bright, immensely hardworking and inspires confidence in clients.”

Legal 500 2017

“Superbly responsive with a terrific eye for detail.”

Legal 500 2016

“Down to earth and very good at calming down heated situations.”

Legal 500, 2017

“His knowledge of case law and its application is up to the minute.”

Legal 500 2016

“A very strong, capable and down-to-earth barrister with a pragmatic approach.”

Legal 500 2015

“Technically very good.”

Legal 500 2014


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