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Robert Stokell

Call 1995

Construction & Engineering

Robert specialises in substantial construction and engineering disputes, pursuant to JCT and other contracts, dealing with (for example) delay and disruption, defects, final accounts and liquidated damages. He has acted in the TCC and the Court of Appeal, and in adjudication, arbitration and mediation.

Selected Cases

  • Acting for a major engineering company in an adjudication relating to the use of intumescent paint in a coastal location. Issues included jurisdiction, the construction of a settlement agreement, construction of the contractual documents specifying the paint, causation and quantum.
  • Advising the provider of social housing in a claim against a developer pursuant to the DPA in respect of defective boilers and flues.
  • Acting for an engineer in an adjudication relating to the design of more than 2,000 precast concrete elements.
  • Structure Consulting v Maroush Food Production (2017) (TCC): acting for Maroush, the defendant in an enforcement claim, and the claimant in a Part 8 claim for declarations mainly relating to whether or not the parties had agreed a JCT contract, and whether a pay less notice was valid.
  • Advising on mistake, frustration and termination in a claim arising out of a vegetation clearance contract.
  • Advising whether an engineer owed a duty of care in tort in respect of the adequacy of its design to a tendering contractor.
  • Advising on suspension of performance, LADs and provisional sums under a JCT Design and Build Contract 2011.
  • Acting for the homeowners (with Andrew Bartlett QC and Crispin Winser) in the TCC and in the Court of Appeal in claims against a major housebuilder relating to piled foundations, defects and nuisance in a housing development.
  • Acting for an M&E contractor against the supplier/ commissioner of an air-cooled water chiller, in relation to water damage.
  • Acting for a contractor in a case concerning a retaining wall and alleged damage to a warehouse and drainage, and dealing with contribution claims against the engineer and the designer/ builder of the retaining wall.
  • Acting for the owner of commercial premises in a claim against a contractor for loss caused by damage to asbestos panels during roof works.
  • Acting for an occupier of commercial premises in a claim against an M&E maintenance contractor in relation to damage caused by a fuel oil leak.
  • Acting for a residential owner in a claim for defects against a major house builder based on the NHBC Buildmark Policy.
  • Acting for the owners of a substantial London property with a defective basement and a leaking roof, in a case against the architect, structural engineer and building contractor.
  • Acting for the owner of a lorry park with surface and drainage defects claiming damages from the structural engineer and contractor.
  • Acting for a contractor responsible for the construction of a basement and the installation of a damp proof membrane.
  • Acting for an engineering and earthworks contractor facing a claim for alleged vibration damage.
  • Acting for the contractor in a £1.2m final account claim pursuant to a JCT 1998 Contract (Private with Approximate Quantities).
  • Defeating claims for additional scaffolding hire costs and for damages for loss of scaffolding from site.
  • Defeating an application for summary judgment to enforce an adjudication, where the court accepted that the homeowners had not contracted on the JCT Minor Works terms (MW 2011) so as to agree to adjudication.
  • Defeating a £1.9m adjudication claim against a building surveyor in respect of alleged loss following major design changes.
  • Establishing that a claim for damages had been settled in the run-up to trial by an oral agreement between the principals.
  • Successfully opposing a claim in misrepresentation/ deceit in respect of a cabling contract, dealing with an application for security for costs, and obtaining an order for payment of costs by a non-party.
  • Goldsworthy v Harrison [2016] EWHC 1589 (TCC) – Defeating an application for summary judgment to enforce an adjudicator’s decision, on the basis that the Court was not satisfied that the parties had agreed the JCT Minor Works terms were to apply.
  • Harrison v Shepherd Homes [2014] EWHC 2786 (TCC) – Costs in a multi-party con-struction dispute.
  • Harrison v Shepherd Homes Ltd [2012] EWCA Civ 904 – Acting successfully for the homeowners (with Andrew Bartlett QC) in the Court of Appeal on an appeal in relation to quantum.
  • Thameside Construction Co Ltd v Arthenella Ltd [2011] EWHC 2695 (TCC) – Establishing that the claim had been settled in the run-up to Trial by an oral agreement between the principals.
  • PMP Electrical Services Ltd v Henley Homes (East) LLP [2011] EWHC 599 (TCC) – Successfully opposing a claim in misrepresentation/ deceit in respect of a cabling contract.
  • Harrison & Ors v Shepherd Homes [2011] EWHC 1811 (TCC); 27 Const LJ 709 – Acting successfully for the homeowners (with Andrew Bartlett QC and Crispin Winser) in the TCC (Mr Justice Ramsey) in claims against a major house builder relating to piled foundations, defects and nuisance in a housing development.
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Qualifications


  • Eastham Scholarship, Lincoln’s Inn
  • Hardwicke Scholarship, Lincoln’s Inn
  • Sir Thomas More Bursary, Lincoln’s Inn
  • Boulter Exhibition (Law), Christ Church, Oxford University
  • MA (Hons), Christ Church, Oxford University

Memberships


  • Commercial Bar Association
  • Professional Negligence Bar Association
  • Society of Construction Law
  • Technology & Construction Bar Association

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