Richard Fernyhough has been a barrister specialising in construction law for over 35 years and is recognised as one of the leading figures in his field. He has appeared in many of the landmark cases in the field of construction law, including several notable cases in the House of Lords. Mr Fernyhough has a reputation as a powerful advocate and strong cross-examiner of witnesses. He has acted on countless heavy court cases and arbitrations over the years on claims relating to a wide range of projects including airports, commercial properties, hotels, oil rigs, power stations, process plants, railways, and tunnelling projects.
Mr. Fernyhough is recognised internationally as a leading commercial arbitrator who is well able to handle quickly and efficiently the heaviest and most complex disputes. He has been appointed on numerous arbitrations during his career as either the sole arbitrator, panel member and on many occasions, as Chairman. Mr Fernyhough has been appointed by such bodies as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the Hong Kong International Arbitration Centre (HKIAC), the Cairo Regional Centre for Commercial Arbitration and the Taiwan Arbitration Centre.
Richard Fernyhough is a Deputy High Court Judge, a Bencher of the Middle Temple and former Chairman of TECBAR, The Technology and Construction Court Bar Association.
Recommendations
Construction and Engineering
“a real client pleaser and a true gentleman”..."remains the doyen of the construction world"..."elliptical, he asks apparently innocent questions, returning to the answers at a later point to reveal them as untrue or damning"..."smoothes the troubled waters of the most complex disputes"..."excellent and firmly established"..."if you are going to trial, clients are in no doubt that Richard Fernyhough is the man to lead the charge"..."remains prominent as counsel and arbitrator."
International Arbitration
“muscular advocacy and cross-examination skills”.
Chambers and Partners / Legal 500
Examples of recent work
Appointments as Arbitrator
- Appointed as sole arbitrator on a series of arbitrations relating to land reclamation projects in Hong Kong SAR.
- Disputes relating to alleged defects in design of combined cycle gas turbines supplied to a British power station.
- Co-arbitrator on alleged design defects dispute relating to tug boat engines destined for vessels in the United States.
- Two concurrent arbitrations relating to the construction of several roll on roll off passenger ferries designed for the North Sea routes.
- Disputes arising from the decommissioning of laboratories at a military installation in the United Kingdom.
- Various disputes arising from tunnelling conducted during the upgrading of the Hong Kong sewage system.
- Claim for breach of contract in relation to an operating agreement for oil and gas fields.
- Disputes relating to contracts for the dredging and subsequent maintenance of an access channel to a major port.
Arbitration and Litigation as Counsel
- Acting for the employer in the High Court (TCC) on claims relating to refurbishment of a data centre in London.
- Acting for the contractor in arbitration proceedings concerning a turnkey contract for a Combined Cycle Power Plant in the Philippines.
- Acted for the employer on disputes arising from the delays in construction of the Great Eastern Hotel in London.
- Acted for the contractor in arbitration proceedings in Hong Kong concerning a support services contract for a manufacturing facility.
- Acted for a British supermarket chain on a High Court action (TCC) relating to subsidence at one of their stores.
- Acted for the SPV during a Dispute Review Board process in relation to a major refurbishment program at a U.K. Hospital complex.
- Leading Counsel representing a shipyard in the Far East defending claims relating to the construction of two jack up oil rigs for the North Sea fields.
Richard Fernyhough has worked in France, Germany, Hong Kong, Taiwan, Malaysia, Pakistan and Singapore. He has also worked on cases involving: Abu Dhabi, Anguilla/St. Nevis, Australia, PR of China, Denmark, Germany, India, Italy, Jamaica, Libya, Nigeria, Qatar, Russia and Scotland.
Professional CV
LL.B. University College, London
Called to the Bar (Middle Temple)
Keating Chambers
Called to the Bar, Hong Kong
Called to the Bar, Singapore
Queen’s Counsel
Fellow, Chartered Institute of Arbitrators (FCIArb)
Deputy High Court Judge
Approved Arbitrator, Hong Kong International Arbitration Centre
Head of Keating Chambers | 1966
1970
1972
1986
1992
1992
1999
1997-2002
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Other Information
Richard Fernyhough's other interests include hill walking, cycling, theatre and opera and studying Eastern Philosophy and its relationship to Western Science.
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