Fionnuala McCredie QC
Call: 1992 Silk: 2013
Tel: +44 (0)20 7544 2600
Fionnuala McCredie was called to the Bar in 1992 and specialises in the fields of construction and engineering, public procurement, energy, environment and professional negligence related claims and insurance disputes.
Fionnuala’s practice covers a wide range of advocacy, advisory and drafting for both domestic and international clients. Her advocacy expertise has led her to regularly act for clients in the High Court, especially the Technology and Construction Court, as well as the Court of Appeal and appear before arbitrators, adjudicators and other tribunals. She is a CEDR certified mediator and a very experienced mediation advocate.
Recent work includes the notable cases of Roche Diagnostics Ltd v The Mid Yorkshire Hospitals NHS Trust and Pearson Vue v Minister for the Cabinet Office on early and specific disclosure in procurement cases. Liconic AG v UK Biocentre defeating a claim for strike out/ summary judgment where pleadings disclosed an arguable case that the Defendant met the criteria for being a contracting authority. In Eurocom v Siemens the court refused to enforce an adjudicator’s decision finding a strong prima facie case of fraudulent misrepresentation to the RICS as to conflicts of interests would render an adjudicator’s appointment invalid. Working Environments Limited v Greencoat Construction Limited was the first example of severance of part of an adjudicator’s decision, Harry Yearsley Ltd v Secretary of State for Justice, successfully defending an attempted strike out in a procurement case involving the supply of food to prisons, Amaryllis Ltd v HM Treasury (sued as ogcbuying solutions) in which the procurement process involved the supply and installation of furniture for a variety of government departments and Carillion JM Ltd v Bath and North East Somerset Council, which related to the Bath Spa project where the contractor claimed the net sum due on its final account, while the employer counterclaimed for delay and inadequate remedial works.
- Extensive experience in contentious and non-contentious construction work.
- Acted in litigation, arbitration, adjudication and mediation (as advocate).
- Disputes have involved commercial and domestic property, structural glass and cladding, railways, roads, mining disputes, water, marine and aviation hardware disputes, dredging and marine engineering disputes and process plants (chemical and water treatment plants) and IT disputes.
- Subject areas include standard and bespoke contracts, PFI and facilities management disputes, repudiation, termination, loss and expense claims and retrospective delay analysis, including comparative delay analysis methodologies.
- Currently advising in a number of claims against public authorities including a claim against a prominent central government department under the public contract regulations.
- Acted in a notable case, in which the procurement process involved in the supply and installation of furniture for a variety of government departments.
- Experience in both construction related professional negligence (architects, engineers, contractor designed works, surveyors, valuers etc.) and solicitors negligence.
- Defends contractors and developers in Health & Safety prosecutions resulting from death and injury on site.
- Defended Property Misdescriptions Act prosecutions of developers.
- Acts for developers in Environment Protection Act matters, including prosecutions relating to remediation of brownfield land, waste disposal and under the Property Misdescriptions Act.
- Experience of negotiation with, and submissions to, the Environment Agency in order to avoid threatened prosecution.
- Advised on process industry compliance with permit requirements.