Finola O’Farrell QC and has been a practising barrister in Keating Chambers since 1985 and became a Queens Counsel in 2002 and Deputy Judge in 2008. She specialises in construction, engineering, energy, professional negligence and technology law in the UK and internationally. Her practice covers the full range of issues including design liability, loss and expense; bonds and guarantees and post construction defects. Miss O’Farrell’s expertise covers litigation in the UK High Courts, particularly the Technology and Construction Courts, the Court of Appeal and all aspects of alternative dispute resolution including arbitration, adjudication and mediation.
Miss O’Farrell’s recent cases include litigation concerning major rail infrastructure PPP contracts, litigation concerning defects at a fire training facility, an expert determination in respect to a major highways project under a PFI contract and international arbitration proceedings in Holland relating to the construction of a roll on roll off car ferry. In addition to her work as an advocate Miss O’Farrell is an accredited adjudicator and mediator.
Recent reported cases
Metronet Rail BCV Ltd v London Underground Ltd [ 2007 ] All ER (D) 99 TCC
The case concerned a dispute over responsibility under a PPP London Underground network project for power upgrade works. The issue was whether the Defendant’s obligation to procure power upgrade works at no cost to the Claimant extended to voltage support works to meet operational power standards. On a true construction of the contract, responsibility for the voltage support works was held to be the Claimant’s.
HG Construction Ltd v Ashwell Homes (East Anglia) Ltd [2007] All ER (D) 210 TCC
in which an adjudicator held that LAD provisions under JCT 98 Contract with Contractor’s Design were enforceable but on a later reference of a differently worded dispute to another adjudicator, the claimant obtained a finding that the LDs were invalid. The claimant brought proceedings to enforce the latter award, but the court held that the second adjudicator should have regarded the existing decision as binding.
Bella Casa Ltd v Vinestone Ltd [2006] BLR 72, an important TCC decision on the measure of damages in respect of loss of use of a residential building following allegedly defective design and construction work.
Taylor Woodrow Holdings v Barnes & Elliott [2004] All ER (D) 204 on the construction of sectional completion provisions and their effect on the right to deduct liquidated damages under a modified JCT contract, which was the subject of a challenge under s.69 of the Arbitration Act.
Enertrag (UK) Ltd v Sea and Land Power and Energy Ltd [2005] 100 Con LR 146 on the construction of a contract for the fabrication and installation of a meteorological mast as part of a programme to develop off-shore wind-farms in the North Sea and the “turnkey” nature of the obligations.
Recommendations
Construction and International Arbitration
“She is a good, through advocate who is always well prepared.”
Energy and Natural Resources
“Peers have been impressed with her serene and self-possessed demeanour in court.”
Chambers and Partners 2009
Energy
“a sharp focus on detail and an effective advocacy style,”
Construction
“quiet and unobtrusive style masks a determined advocate with a great eye for detail.”
International Arbitration
“bright and busy, with a tremendous eye for detail”…“favourable success rate”…“phenomenally quick and robust.”
Chambers & Partners 2008
“reputation continues to soar”… fluent, both in terms of the law and her delivery of it," clients find Finola O'Farrell QC a reassuring presence in high pressure circumstances…"very good on the detail"…"knows energy inside out"…"a superb silk who is really good on technical disputes within contracts"...excellent strategically and tactically."
Recommended as a Leading Silk in Energy & Natural Resources
Chambers & Partners / Chambers Global / Legal 500
Examples of recent work
Construction and Engineering
- Appeared as an advocate in litigation and adjudication concerning major PPP rail infrastructure contracts.
- Acted in a number of disputes concerning major commercial building and civil engineering developments in the UK, including a landmark sports stadium in London.
- Advocate in a Dutch arbitration concerning electrical works disputes arising out of a shipbuilding project.
- Advocate in a domestic arbitration in the Middle East in relation to a complex road interchange where completion of the works was substantially delayed. (Arbitration in Dubai, UAE law).
Energy
- Acted as Counsel for the employer in an international arbitration under LCIA rules concerning specification and delay to the construction of two ultra harsh condition jack up oil rigs.
- Appeared as advocate in arbitration and litigation involving an oil and gas floating production facility in the North Sea.
- Advised on a number of claims against an engineering company, which manufactured feed water heaters for power stations in the UK and Middle East, following its sale to another group.
- Advised in an international arbitration on quality of supply and “take or pay” provisions in respect of gas production in the South China Sea.
- Acted for the contractor in proceedings in the English Courts (Technology & Construction Court) in relation to construction works at a nuclear material reprocessing plant.
Professional Negligence
- Appeared as advocate in multi-party litigation concerning the design and construction of a fire training centre.
- Advised in multi-party litigation arising out of the spontaneous failures of glass in a railway terminal.
Information Technology
- Appeared as an advocate in litigation concerning the supply and installation of a computer security system for a large corporation.
- Appeared as advocate in litigation on incompatibility between computer software and hardware.
Publications
- Editor, Chambers Construction Law Case Database.
- Editorial team, Sweet & Maxwell electronic Construction Law Service.
- Editorial team, Keating on Building Contracts (5th, 6th and 7th editions).
Seminars
Finola O’Farrell lectures regularly to various professional bodies and solicitors.
Professional CV
BA in Law, University of Durham
Called to the Bar, Inner Temple
Keating Chambers
Queen’s Counsel
TECBAR Accredited Adjudicator
ADR Accredited Mediator | 1982
1983
1985
2002
|
Other Information
Finola O’Farrell was pupillage administrator in Chambers until 2008, where she was actively involved in the training and assessment of pupils. She is also a member of the Inner Temple panel for scholarships.
She enjoys theatre, music and horse riding in her spare time.
Contact UsIf you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact the Senior Clerks,
John Munton and
Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.
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