Sahana Jayakumar

Sahana has experience of construction disputes covering adjudications, litigation and arbitration. She is familiar with the major JCT standard forms as well as bespoke agreements used for international projects, and has covered disputes involving Defective Premises Act 1972 claims, liability under the Building Safety Act 2022, contractual interpretation, termination, defective works, delay and payment issues. Sahana has particular experience of cases involving a crossover between insolvency and construction law issues.

Sahana is the editor of the chapters on Third Party Rights and Adjudication in Emden’s Construction Law by Crown Office Chambers.

Adjudication

Sahana has experience of integrating seamlessly as part of a team to prepare and respond to submissions at short notice in adjudication proceedings. She provides tactical advice at all stages of the adjudication and has acted in enforcement proceedings involving unusual points of law and insolvency issues.

Selected Cases

• A Housing Association v A Main Contractor – Advised and drafted submissions responding to an adjudication in which the referring party claimed £5.5 million for alleged fire safety defects in a residential block. The matter was withdrawn from adjudication following receipt of the response and a robust jurisdictional challenge.
• Shaylor Group Limited (in administration) v Valescure Property Limited (in liquidation) [2024] EWHC 750 (TCC) – Acting on behalf of a company in administration in an unusual Part 8 claim brought by the successful party following an adjudication. The case provides guidance on the interpretation of the Employer’s obligations under clause 8.7.4.3 of the JCT Design and Build terms and a detailed analysis of when a court will exercise its discretion to grant declaratory relief.
• Giant Trading Company (in liquidation) v Z&K Partners Limited (11 September 2023, Central London CC) – Acting on behalf of a Claimant company in liquidation seeking to enforce an adjudication award in its favour. Sahana was successful in obtaining summary judgment on behalf of the Claimant despite its insolvent status and the difficulty of enforcing adjudication awards in such circumstances since John Doyle v Erith.
• G&D Brickwork Contractors Limited v Marbank Construction Limited [2021] EWHC 3009 (TCC) – Sahana acted for the responding party in the underlying adjudication, in which the response was served without prejudice to the primary case that the adjudicator had no jurisdiction in the matter. Dermot Woolgar appeared in the High Court in relation to the Part 8 Claim in which enforcement of the adjudicator’s award was refused on the grounds of abuse of process.
• A Main Contractor v A Subcontractor – Acting in an adjudication regarding allegedly defective installation of pipework. Through her submissions, Sahana persuaded the adjudicator that the referring party’s expert evidence was technically unsound.

Defects, Fire Safety and Building Safety Act 2022

Sahana has acted in and advised on issues regarding defective work and potential liability for remediation contribution orders and building liability orders under the Building Safety Act 2022. In particular, Sahana has experience of working with expert witnesses to quickly get to grips with issues of fire stopping, fire resistance and remedial works in fire safety cases.

Selected Cases

• Toppan Holdings Ltd & Anor v Augusta 2008 LLP [2025] EWHC 1691 (TCC) (led by Michele De Gregorio) – Sahana assisted with drafting the defence and counterclaim in a fire safety claim for £6.7 million.
• Dunelm Geotechnical & Environmental Limited v Bray Cranes Limited [2023] EWHC 2661 (Comm) – Acting as sole counsel in a three-day trial in a claim for breach of contract. The trial concerned the incorporation of Construction Plant-Hire Association Standard Terms into a contract for crane hire and a lift.
• Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823 (led by Michele De Gregorio) – Acting as junior counsel for the Respondent in a significant case concerning whether a collateral warranty was a construction contract within the meaning of s.104 of the Housing, Grants, Construction and Regeneration Act 1996.
• A Commercial Lender v Supplier – Acting on behalf of a lender following the assignment of a debt for the supply of windows, doors and conservatories to a contractor. The claim was defended on the basis of an entitlement to set-off under contractual warranties given by the supplier.
• Re a Contractor – Advising a main contractor facing a claim from a lender who purported to have been assigned the debts of a supplier pursuant to s.136 Law of Property Act 1936. The advice involved considering issues of the legality of the assignment, any potential estoppel by representation and a battle of the forms between the parties’ standard terms and conditions.
• A Company v A Heating Systems Installer – Acting for the defendant in a claim regarding the allegedly defective installation of biomass combined heat and power systems on a farm. The claim involved allegations of misrepresentation and a detailed analysis of the operation of the Renewable Heat Incentive Scheme Regulations 2011.
• A Main Contractor v A Specialist Electrical Subcontractor – Drafting a defence to a claim worth £700,000 concerning the allegedly defective installation of busbar for the supply of electricity in a large commercial office block.
• 2 Homeowners v (1) A Contractor and (2) an Architect – Drafting pleadings on behalf of a contractor in a claim for allegedly defective construction works at a residential property.
• A Homeowner v A Contractor – Advising and drafting pleadings in a claim against the builder and seller of a residential property relating to damage caused by subsidence and involving breaches of the DPA 1972, negligence and allegations of fraudulent and/or negligent misrepresentation prior to the sale of the property.

International Construction Arbitration

Sahana has experience of acting in international construction arbitrations involving issues of variations to the scope of works, delay, the wrongful termination of contracts and the quantification of costs to complete.

Sahana is particularly familiar with disputes in the Middle East, having spent time as a Pegasus scholar working for a renowned law firm in Dubai and assisting the Registrar in the DIFC Courts.

For more information on Sahana’s international practice, please refer to her International Arbitration profile.

Sahana has acted as junior counsel in a number of international arbitrations in the Middle East and is familiar with ad-hoc arbitrations and proceedings under the LCIA and ICC rules. Prior to coming to the Bar, Sahana worked as a stagiaire in the International Arbitration team of an international law firm in Paris, assisting with the preparation of witness evidence, expert evidence and legal submissions in a multi-billion-dollar ICC Arbitration.

In 2023, Sahana was awarded a distinction in her LLM in International Dispute Resolution from Queen Mary University of London’s School of International Arbitration. Sahana was awarded a distinction for her dissertation entitled “Arbitral Awards and Third Parties: Towards a Principled Approach to Preclusive Effect?”.

Selected Cases

• C v D (Ad-Hoc)– Acting as junior counsel (led by Anna Laney KC) bringing a multi-million OMR claim for extensions of time and damages for out-of-scope work carried out under a contract for the construction of a hotel in Oman.
• X v Y and Z (ICC)– Acting as junior counsel (led by Roger ter Haar KC) defending a multi-million dollar claim for damages following termination of a contract for construction works in the Middle East.
• A v B (LCIA) – Acting as junior counsel in a USD 5 million arbitration regarding a contract for IT services in Saudi Arabia.
• Advising on issues relating to the jurisdiction of an arbitrator and conflicting dispute resolution clauses in successive commercial contracts.
• Drafting an application and supporting evidence to set aside an arbitral award in the DIFC Courts on the grounds of public policy.

Sahana acts in a variety of commercial cases involving fraud, contracts for the supply of goods and services, the enforcement of guarantees, financial agreements (including factoring and invoice discounting facilities) and company matters. Sahana has advised and acted in many cases involving the enforcement of commercial debts and obtaining charging orders, orders for sale and possession of property on behalf of lenders.

In 2018, Sahana was awarded a Pegasus Trust Scholarship to spend three months working in Dubai in the DIFC litigation department of a leading law firm and the registry of the DIFC Courts. During this time, Sahana carried out work including:

• Drafting detailed research notes on the recoverability of consequential damages and company ownership under UAE law.
• Drafting requests to produce and reviewing document production in a complex insurance claim governed by UAE law and subject to the rules of the DIFC Courts.
• Drafting an application and supporting evidence to set aside an arbitral award in the DIFC Courts on the grounds of public policy.

Civil Fraud

Sahana has experience of cases involving breaches of obligations of good faith and fidelity, deceit, negligent misrepresentation and unjust enrichment. She has also acted at short notice in applications for injunctive relief.

Selected Cases

• Lynch v Cadwallader and Anor [2021] EWHC 328 (Ch) – Acting as junior counsel in a six-day trial concerning issues of allegedly forged signatures in a contract of guarantee worth over £1 million.
• A Private Equity Fund LP v Directors of a Firm – Acting as junior counsel and drafting a defence to a £14 million claim in deceit, negligent misrepresentation and breach of warranty in relation to the sale of a company.
• A Company v (1) A Former Employee (2) A Company – Acting for a supplier of plywood and timber products in a claim against a former employee and said employee’s new company alleging breaches of obligations of good faith and fidelity, dishonest assistance and knowing receipt arising out of sales and clients that were diverted from the supplier. The case involved a detailed analysis of the claimant’s losses and a number of issues around disclosure as it was alleged that the first defendant had attempted to destroy or conceal documents to hide the true extent of the supplier’s losses. The matter settled shortly before trial.
• A Company v 4 Former Employees and Others – Acting as junior counsel, led by Isabel Hitching KC, advising and drafting particulars of claim on behalf of a company alleging breaches of duties of good faith and fidelity and unjust enrichment against 4 former employees.
• Re a Commercial Lender – Advising on an application for an injunction and the appointment of an equitable receiver to prevent a judgment debtor from dissipating sums in breach of a final charging order.

Insolvency

Sahana has experience of a wide range of corporate and personal insolvency matters, including applications to set aside statutory demands, transactions at an undervalue and/or transactions to defraud creditors, validation order applications and private examinations. Sahana is comfortable advising clients on whether the presentation of a winding-up petition or bankruptcy petition is a suitable means of recovering commercial debts, and has appeared in the County Court and the High Court Insolvency and Companies List on behalf of creditors and debtors.

Selected cases

• Shaylor Group Limited (in administration) v Valescure Property Limited (in liquidation) [2024] EWHC 750 (TCC) – Acting on behalf of a company in administration in an unusual Part 8 claim brought by the successful party following an adjudication. The case provides guidance on the interpretation of the Employer’s obligations under clause 8.7.4.3 of the JCT Design and Build terms and a detailed analysis of when a court will exercise its discretion to grant declaratory relief.
• Lynch v Cadwallader and Anor [2021] EWHC 328 (Ch) – Acting as junior counsel in a six-day s.303 Insolvency Act 1986 application challenging a proof of debt pursuant to a contract of guarantee worth over £1 million.
• Re a Bankrupt – Acting for trustees in bankruptcy in relation to an application to challenge a declaration of trust as a sham or potential transaction at an undervalue pursuant to s.339 Insolvency Act 1986.
• Re a Debtor – Acting in an application to set aside a statutory demand in bankruptcy concerning issues of agency and the equitable duty owed by a receiver towards a mortgagor and mortgagee.
• Re a Debtor -Acting in an application to set aside a statutory demand in bankruptcy concerning the issue of whether a potential fraud perpetrated by a company was sufficient grounds to set aside a statutory demand presented against the company’s guarantor.

Commercial

• Dunelm Geotechnical & Environmental Limited v Bray Cranes Limited [2023] EWHC 2661 (Comm) – Acting as sole counsel in a three-day trial concerning the incorporation of Construction Plant-Hire Association Standard Terms into a contract for crane hire and a lift.
• Re a Dental Practice – Advising on the merits of a claim for breach of a share purchase agreement and in relation to the merits of resisting an application for an injunction to restrain the presentation of a winding-up petition.
• Executors of an Estate v Individual – Acting on the return hearing of an injunction application involving rights to occupy a National Heritage List property and the removal of valuable items from the property.
• 2 Individuals v (1) Sole trader (2) National Supplier of Building Materials – Acting on behalf of a supplier of building materials in a summary judgment application dealing with issues of agency and contracts on behalf of disclosed and undisclosed principals.
• Re a Property Development Consultant – Advising on the merits of a claim for unpaid consultancy fees on a £12 million construction project.
• Re a Building Contractor – Advising on whether the cashing of a cheque accompanying an offer to settle a claim constituted binding acceptance of the settlement offer, or whether the cheque could be accepted as part payment for the full sum claimed.
• An Individual v A National High Street Bank – Acting on behalf of a lender in relation to a claim under s.75 Consumer Credit Act 1974 involving allegations of fraud and misrepresentation against a company purporting to offer the claimants a time share in Spain.
• A Commercial Lender v Supplier – Acting on behalf of a lender following the assignment of a debt for the supply of windows, doors and conservatories to a contractor. The claim was defended on the basis of an entitlement to set-off under contractual warranties given by the supplier.
• Re a Contractor – Advising a main contractor facing a claim from a lender who purported to have been assigned the debts of a supplier pursuant to s.136 Law of Property Act 1936. The advice involved considering issues of the legality of the assignment, any potential estoppel by representation and a battle of the forms between the parties’ standard terms and conditions.

Sahana has experience of advising and acting in property damage claims arising out of breaches of contractual obligations, negligence and breach of statutory duties. Prior to joining Crown Office Chambers, Sahana gained experience of advising local authority landlords on issues of disrepair in residential properties and breaches of repair obligations in leasehold disputes.

Sahana regularly acts on behalf of major insurers in subrogated recovery claims. Alongside her legal expertise, Sahana takes a pragmatic, commercial approach to her advice and is comfortable addressing case strategy at all stages of a claim.

Selected Cases

• A Homeowner v (1) Seller and (2) Manufacturer – Acting in an application for specific disclosure and advising on settlement in relation to a claim following an escape of water from a faulty residential boiler.
• A Company v A Contractor – Drafting pleadings in a claim for damages and business interruption following an escape from water in commercial premises.
• A Company v A Vendor – Drafting pleadings and advising in a claim for damage following a fire caused by an electrical component within a refrigerator.
• A Homeowner v A Utility Company – Drafting pleadings in a claim for damage following an escape of water from a broken water pipe.
• Advising on the merits of a claim for damage caused by a fire at a holiday home in Scotland.
• Acting in claims for damage and business interruption arising out of the escape of water at commercial premises.

Sahana has acted and advised in a cases involving a range of professionals including barristers, solicitors, contractors, architects, machinery operators and heavy goods vehicle drivers. Sahana’s construction and property damage experience make her well placed to act in cases involving construction professionals at all stages of domestic and commercial projects.

Selected Cases

• A Private Landowner v Transport Company – advising in relation to a claim in negligence involving damage to a bridge over a highway. The case involved advising on procedural issues around the identity of the correct defendant party, as well as advising on the relevant Highway Authority’s liability under s.41 Highways Act 1980.
• A Main Contractor v A Subcontractor – Acting in an adjudication regarding allegedly defective installation of pipework. Through her submissions, Sahana persuaded the adjudicator that the referring party’s expert evidence was technically unsound.
• An Indemnity Insurer v A Claimant – Advising on the assignment of a claim from a barrister to the indemnity insurer, in order to recover costs from an unsuccessful claimant.
• A Main Contractor v A Specialist Electrical Subcontractor – Drafting a defence to a claim worth £700,000 concerning the allegedly defective installation of busbar for the supply of electricity in a large commercial office block.
• A Landowner v A Landowner – drafting pleadings in a claim by a landowner claiming for property damage and alleging losses caused by Rylands v Fletcher nuisance.
• A Company v A Heating Systems Installer – Acting for the defendant in a claim regarding the allegedly defective installation of biomass combined heat and power systems on a farm. The claim involved allegations of misrepresentation and a detailed analysis of the operation of the Renewable Heat Incentive Scheme Regulations 2011.