Brenna Conroy

Call: 2010

Email: bconroy@keatingchambers.com

Tel: +44 (0)20 7544 2600

Practice Overview

Brenna Conroy joined Keating Chambers in May 2017, having previously practised at Hardwicke Chambers. She specialises in construction, professional negligence and property damage work and is recommended in Chambers and Partners 2018 as an “Up-and-coming junior who is increasingly taking on significant litigation, adjudications and international arbitration. Her burgeoning practice wins her the praise of solicitors and peers alike.”

In relation to her construction work, Brenna is noted in Chambers and Partners for her “exceptional case management work” and is described as “approachable, bright and incredibly sharp”. Brenna has also received judicial praise in a number of her reported cases for her succinct and skillful advocacy.

Brenna has recently been appointed to the Attorney General’s C Panel of Counsel.

During her first 4 years of practice, Brenna has been instructed as junior counsel on a number of complex, high value disputes including:

  • Ro-Bal Steel Fabrications Limited v G Jones Site Services Limited [2016] EWHC 292 (Ch): case concerning the winding up a company on the basis of a payment notice and failure to issue a pay less notice.
  • Deluxe Art & Theme Ltd v Beck Interiors Ltd [2016] EWHC 238 (TCC): Instructed as sole counsel in a dispute concerning the interpretation of Paragraph 8(1) of the Scheme for Construction Contracts, in which enforcement of an adjudicator’s decision was successfully resisted on the basis that the adjudicator did not have jurisdiction to adjudicate upon multiple disputes in separate adjudications at the same time.
  • Henia Investments Inc v Beck Interiors Ltd [2015] EWHC 2433 (TCC); [2015] B.L.R. 704; 161 Con. L.R. 51; [2015] C.I.L.L. 3727: Instructed as junior counsel in a £3m dispute regarding the ambit of Interim Applications and Pay Less Notices under the 2011 JCT suite of Contracts and the HGCRA 1996 (as amended by the LDEDCA 2009).
  • Wycombe Demolition Ltd v Topevent Ltd [2015] EWHC 2692 (TCC); [2015] B.L.R. 765; defending enforcement of an adjudicator’s decision on the basis that he had considered multiple disputes and had decided the issue of valuation based on his own novel approach rather than the case advanced by each of the parties.
  • Rydon Maintenance Ltd v Affinity Sutton Housing Ltd [2015] EWHC 1306 (TCC): challenging enforcement of an adjudicator’s decision on the basis that the adjudicator had breached the rules of natural justice in predetermining the outcome of the dispute and exhibiting apparent bias and/or a lack of impartiality.
  • Defending a leading construction company in Dubai in an ICC arbitration against a contractor claiming 35 million dirhams for delay and variations.
  • Accolade Wines v Volkerfitzpatrick: a six party £150m property damage and business interruption claim brought by Accolade Wines, described by the Lawyer as one of the biggest cases in the TCC in 2014/15.
  • £200m arbitration in relation to a long running dispute over the refurbishment and rebuilding of a government military base.
  • National Museums and Galleries on Merseyside Board of Trustees v AEW Architects and Designers Ltd [2013] EWHC 3025 (TCC); [2014] 1 Costs L.O. 39 and [2013] EWHC 2576 (TCC) and [2013] EWHC 2403 (TCC): a lengthy trial in the High Court (TCC), defending a £4 million damages claim brought by the National Museum of Liverpool for remedial works that were alleged to be necessary because of design defects in the museum.
Practice Areas
  • Construction & Engineering
  • Professional Negligence
  • Property
  • Adjudication
  • International Arbitration
Construction & Engineering

Brenna has a keen interest in domestic and international commercial construction and has been involved in a number of high profile cases in the TCC as well as complex, high value international arbitration proceedings. She is recommended for Construction in Chambers & Partners 2017.

Brenna is instructed on a wide range of construction disputes involving interim payments, termination, certification, defective works and designs, delay, disruption, loss and expense, extensions of time and liquidated damages, employer and contractor insolvency and complex final account disputes. She also has experience advising insurers on coverage issues relating to construction projects.

Brenna acts for clients in litigation, arbitration, adjudication and mediation. She is also direct access qualified and accepts instructions on a direct access basis. Please speak to her practice managers for further details.

Recent work includes:

  • Ro-Bal Steel Fabrications Limited v G Jones Site Services Limited[2016] EWHC 292 (Ch): case concerning the winding up a company on the basis of a payment notice and failure to issue a pay less notice.
  • Deluxe Art & Theme Ltd v Beck Interiors Ltd[2016] EWHC 238 (TCC): Instructed as sole counsel in a dispute concerning the interpretation of Paragraph 8(1) of the Scheme for Construction Contracts, in which enforcement of an adjudicator’s decision was successfully resisted on the basis that the adjudicator did not have jurisdiction to adjudicate upon multiple disputes in separate adjudications at the same time.
  • Henia Investments Inc v Beck Interiors Ltd [2015] EWHC 2433 (TCC); [2015] B.L.R. 704; 161 Con. L.R. 51; [2015] C.I.L.L. 3727: Instructed as junior counsel in a £3m dispute regarding the ambit of Interim Applications and Pay Less Notices under the 2011 JCT suite of Contracts and the HGCRA 1996 (as amended by the LDEDCA 2009).
  • Wycombe Demolition Ltd v Topevent Ltd[2015] EWHC 2692 (TCC); [2015] B.L.R. 765; defending enforcement of an adjudicator’s decision on the basis that he had considered multiple disputes and had decided the issue of valuation based on his own novel approach rather than the case advanced by each of the parties.
  • Rydon Maintenance Ltd v Affinity Sutton Housing Ltd[2015] EWHC 1306 (TCC): led by Nigel Jones QC, challenging enforcement of an adjudicator’s decision on the basis that the adjudicator had breached the rules of natural justice in predetermining the outcome of the dispute and exhibiting apparent bias and/or a lack of impartiality.
  • Instructed as junior counsel, led by Paul Reed QC, defending a leading construction company in Dubai in an ICC arbitration against a contractor, claiming 35 million dirhams for delay and variations.
  • Accolade Wines v Volkerfitzpatrick: a six party £150m property damage and business interruption claim brought by Accolade Wines, described by the Lawyer as one of the biggest cases in the TCC in 2014/15.
  • Instructed as junior counsel, led by Sarah Hannaford QC, on a £200m arbitration in relation to a long running dispute over the refurbishment and rebuilding of a government military base.
  • National Museums and Galleries on Merseyside Board of Trustees v AEW Architects and Designers Ltd[2013] EWHC 3025 (TCC); [2014] 1 Costs L.O. 39 and [2013] EWHC 2576 (TCC) and [2013] EWHC 2403 (TCC): a lengthy trial in the High Court (TCC), defending a £4 million damages claim brought by the National Museum of Liverpool for remedial works that were alleged to be necessary because of design defects in the museum.
  • Acting for an M&E designer in defence of a £10m claim by the employer arising from the refurbishment of a pharmaceutical facility.
  • Defending the designer of a road in TCC proceedings in a claim brought for damages for remedial works.
  • Acting for the employer in relation to a £5m dispute concerning the development of a hotel at Wembley.
  • Advising a Contractor on the construction of a JCT Contract in respect of a multi-million pound development.
  • Advising a developer in a million pound dispute against an architect for breach of the Building Regulations 1991.
  • Advising a design consultant in relation to a claim brought by the main contractors regarding the installation of an industrial door at an airplane hangar.
  • A multi-million pound claim against a building services consultancy in relation to a landmark building in London.
Professional Negligence

Brenna acts and advises in a variety of claims in professional negligence, particularly in the construction industry. She has advised and drafted pleadings in a number of claims involving allegations of negligence by professionals including surveyors, architects, engineers and project supervisors. She was instructed as Junior Counsel in a multi million pound claim brought by the Museum of Liverpool against an architects firm following allegations of negligence in respect of the design of the new museum.

Recent work includes:

  • Accolade Wines v Volkerfitzpatrick (2) Volkervessels (3) Goodman (4) Keller (5) Twintec (6) GJ3&4
  • National Museums and Galleries on Merseyside Board of Trustees v AEW Architects and Designers Ltd[2013] EWHC 2403 (TCC)
  • National Museums and Galleries on Merseyside Board of Trustees v AEW Architects and Designers Ltd[2013] EWHC 2576 (TCC)
  • Acting for an architect in relation the multi-million pound refurbishment of a mosque.
  • Acting for an M&E designer in defence of a £10m claim by the employer arising from the refurbishment of a pharmaceutical facility.
  • Defending the designer of a road in TCC proceedings in a claim brought for damages for remedial works.
  • Advising a developer in a million pound dispute against an architect for breach of the Building Regulations 1991.
  • Advising a design consultant in relation to a claim brought by the main contractors regarding the installation of an industrial door at an airplane hangar.
  • Defending a surveyor in relation to a claim brought by a school for losses sustained in relation to entering into a lease.
  • Advising a building owner in relation to a claim against a surveyor relating to the negligent survey of a property.
Property

Brenna is regularly instructed by companies, individuals and insurers in relation to claims arising out of damage to property caused by fire, flood, heave and water penetration. She has acted for insurers in subrogated recovery claims and for defendants and their insurers in defending claims and passing liability on to other parties.

Brenna has extensive knowledge of the case law regarding fraudulent insurance claims arising out of property damage and has produced seminars on this subject.

  • Accolade Wines v Volkerfitzpatrick (2) Volkervessels (3) Goodman (4) Keller (5) Twintec (6) GJ3&4
  • Yeates v Aviva Insurance UK Ltd [2012] EWCA Civ 634: instructed as junior counsel in a dispute relating to an alleged fraudulent claim arising out of flood damage, which was heard by the Court of Appeal in April 2012.
  • Defending a leading construction company against a £200m property damage and business interruption claim.
  • Defending a claim brought by a freeholder against its tenant relating to property damage allegedly caused by a defective drain outside the demised premises.
  • Advising in a claim brought against a developer and contractor for property damage sustained in relation to a water leak.
  • Advising in a multi-party dispute relating to property damage allegedly caused by defective drainage.
Adjudication

Brenna has a thriving adjudication practice alongside her litigation and arbitration practice. She has been instructed by both Referring and Responding Parties and has had extensive experience drafting Notices of Adjudication, Referral Notices and Responses in respect of a variety of construction disputes.

Brenna also has experience in running adjudications on behalf of her instructing solicitors. She has regularly advised clients on tactics involved in the Adjudication process and has given comprehensive lectures on adjudication, aimed at both junior and senior practitioners.

Brenna appears regularly in the TCC in relation to adjudication enforcement proceedings and was sole counsel in the leading 2016 case of Deluxe Art & Theme Ltd v Beck Interiors Ltd, winning on an issue which had far reaching implications in the industry in relation to the appointment of adjudicators on multiple disputes.

Brenna is also direct access qualified and is happy to accept instructions on a direct access basis.

Recent work includes:

  • Deluxe Art & Theme Ltd v Beck Interiors Ltd[2016] EWHC 238 (TCC)
  • Wycombe Demolition LtdTopevent Ltd [2015] EWHC 2692 (TCC)
  • Rydon Maintenance Ltd v Affinity Sutton Housing Ltd [2015] EWHC 1306 (TCC)
  • An adjudication arising out of a £2m dispute involving a substantial housing association in relation to rates for payment under a responsive repairs contract.
  • A series of adjudications arising out of a £10m claim brought by an employer against an M&E designer relating to the refurbishment of a pharmaceutical facility.
  • An adjudication brought by the owner of a food processing factory in respect of defective works carried out by a contractor.
  • A number of adjudications relating to final account disputes and interim payment disputes involving issues relating to pay less notices and withholding notices.
International Arbitration

During her first 4 years of practice, Brenna has been instructed as junior counsel on a number of complex, high value disputes including:

  • Defending a leading construction company in Dubai in an ICC arbitration against a contractor claiming 35 million dirhams for delay and variations.
  • £200m arbitration in relation to a long running dispute over the refurbishment and rebuilding of a government military base.
Case Reports
Case Date