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Justin Mort KC

Call: 1994

Silk: 2014

"He is incredibly strategic in his approach, and his written work and advocacy are exceptional"

Construction, Chambers & Partners UK Bar 2025

Justin Mort KC

Practice Summary

Justin Mort KC specialises in high value construction disputes with particular interest in and expertise in (1) energy, (2) infrastructure and (3) process engineering projects.

Justin is recommended for Construction in both Chambers Global and Legal 500.  He is also recommended in the Legal 500 for Middle East (construction) and for international arbitration.  Comments in the current editions of these directories include:

  • “Dedicated 100% to the matter before him. His work ethic and focus is commendable.  He made himself available so can prepare on short notice and put in a stellar show at the hearing.” (Legal 500: Middle East, construction)

  • “Justin is a persuasive advocate who tears through detail to get to the points that really matter. His advocacy is exceptional – clear, cogent and compelling.” (Legal 500: London Bar, construction)

  • “Simplifies the complicated. Knows his stuff.  Great to work with.” (Legal 500: international arbitration)

  • “He is regularly called upon in international disputes regarding energy projects.” (Chambers Global: construction)

  • “His attention to detail is phenomenal and his cross-examination style formidable.” (Chambers Global: construction)

These comments, and similar ones appearing in the directories over the last 20+ years, are both accurate and apposite: Justin has an unparalleled reputation as a successful trial advocate, cross-examiner, strategist and lawyer.

Justin is a huge team player. He is immediately responsive to client demands and questions at any time of day. He ensures that the wider client team are fully engaged in his proposed trial strategy. Uniquely he provides detailed notes of his proposed oral submissions and cross examination to the client well in advance of any hearing for comment, and in order to ensure that the client team can better follow and appreciate his method during any hearing. His working habits (typically starting at 4am or 5am London time) correspond well with clients based in time zones to the east of London such as in the Middle East or in China.

Justin’s innumerable reported cases arising from court proceedings, particularly in the TCC, and the original and ingenious legal arguments that he has deployed in fighting them, together constitute a formidable contribution to the law governing construction claims and arbitration.

Practice Areas

Acting for Chinese Clients

Justin has extensive experience of acting for international clients, including clients based in China. 

  • In 2023 and 2024, acting for the Hong Kong subsidiary of an international engineer in an 8 week arbitration (subject to HK law) concerning the design and construction of a significant infrastructure project completed some years ago: allegations of defective workmanship and design made against the engineer, contractor and subcontractor.
  • In 2024 acting for a renowned Hong Kong based contractor in its claim for extension of time and additional payment relating to (1) unforeseen physical conditions, (2) instructions varying the scope of work and (3) requirements of the relevant statutory bodies (ongoing). The dispute arises out of the civil engineering elements of a significant high profile infrastructure project in Hong Kong. 
  • In 2022, acting for a Chinese state-owned Contractor defending allegations of defective work and defective design in the construction of a coal fired power station as identified in further detail above. 
  • Acting for Hyder Consulting Limited in an arbitration arising out of an extensive civil engineering infrastructure project against the Hong Kong Drainage Services Department (DSD).  Hyder was responsible for inter alia the procurement process and evaluation of tenders as well as acting as project Engineer.  These professional services gave rise to a claim and allegations of professional negligence on the part of DSD.  Justin prepared the extensive pleadings on behalf of Hyder as well as advice.
  • Acting for Sunley Engineering & Construction Co Ltd (engaged as groundworks Subcontractor) in relation to the development of a commercial centre, school facility, swimming pool and utility structures in Hong Kong in dispute with the main Contractor.  Justin prepared the pleadings on behalf of Sunley as well as advising the client.
  • Acting for Sam Woo Bore Pile Foundation Ltd (engaged as piling Subcontractor) in an arbitration arising out of the construction of a road in Hong Kong in dispute with the Main Contractor engaged by the relevant Hong Kong department.  Justin prepared pleadings as well as advising the Subcontractor.  The claim was compromised prior to the final hearing. 
  • Acting for Panta-Ocean Construction Co Ltd (HK office) the Contractor and Claimant in an arbitration, against the Employer / Developer, arising out of the construction of a residential development in Hong Kong. The claim was primarily for loss and expense arising out of delay to the project.  Justin prepared the pleadings on behalf of the Contractor.  The claim and was compromised prior to the final hearing.
Injunctions

Recent experience of injunctive work includes the following:

  • Acting for a contractor, resisting an application for a final injunction to prevent it from bringing a second adjudication, in circumstances where it had abandoned an earlier adjudication in relation to the same or overlapping subject matter (Jacobs UK Ltd v Skanska Construction Ltd).

  • Acting for a designer, resisting an application for an interim mandatory injunction requiring the designer to restore its client’s access to the building information model (BIM) maintained by the designer.

  • Obtaining a freezing order on behalf of a design and build contractor against an employer registered in the BVI, following a determination in adjudication that the employer had repudiated the building contract (Primus v Cannon).

  • Acting for a contractor, resisting (1) an application by the employer in the TCC for a mandatory injunction for delivery up of project documents following, the determination of the employer’s entitlement to the documents in adjudication (2015), and (2) subsequent court proceedings (2017) in relation to the same or similar subject matter (Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd).

  • Acting for an employer, resisting an application for an injunction to prevent the employer from making a call on an on demand bond, in the context of an amended FIDIC contract (J Murphy & Sons Ltd v Beckton Energy Ltd).

  • Resisting an ant-suit injunction in the commercial court to prevent enforcement of interim injunctive relief obtained in support of arbitration (U&M Mining Zambia Ltd v Konkola Coper Mines plc).

  • Obtaining an interim injunction on behalf of a contractor to prevent the employer from making a call on an on-demand bond (RG Spiller Ltd v Derhalli).

  • Acting for a contractor seeking an injunction in the TCC to prevent the contractor’s solicitors from acting against it in adjudication proceedings.

  • Acting for the claimant in a claim in the TCC for interlocutory and final mandatory injunctions (alternatively: order for delivery up), requiring the return of takeover packages unlawfully removed to Italy (Alstom Power Ltd v SOMI Impianti SRL).

  • Application for injunction and strike out of a winding-up petition in the companies’ court; subsequent application for indemnity costs.

  • Resisting an application in the TCC for an injunction requiring the main contractor on a sensitive building project to permit the employer’s remedial works contractor to attend site.

Other Information

Education & Career
  • Keating Chambers, 2003

  • King’s College London, MSc in Construction Law and Arbitration, 1999

  • Tenant, 2 Temple Gardens, 1995

  • Called to the bar (Middle Temple), 1994

  • Middle Temple Jules Thorn Scholar, 1992

  • BA, Durham University, 1992

Additional information

Justin Mort KC has an MSc from King’s College London in Construction Law and Arbitration and occasionally lectures at King’s.

He has written articles and given seminars on subjects relevant to his practice, including partnering agreements and adjudication enforcement. He has acted as an adjudicator and is on the TECBAR panel of adjudicators.

Memberships
  • Society of Construction Law

  • Technology and Construction Bar Association (committee member 2008-2012)

  • LCIA

  • King’s College Construction Law Association

  • Commercial Bar Association

Seminars & Publications
  • Contributor to Keating on Construction Contracts 10th Edition (2016)

  • Contributor to Keating on NEC3 (2012)