Mercy Milgo

Mercy has recently been instructed: 

• As sole counsel in a Remediation Order, Costs, and Case Management hearing in the First-tier Property Tribunal (Property Chamber), in an ongoing multi-party dispute regarding alleged structural and fire safety defects at a residential development;
• Sole counsel in a c. £5.5 million professional negligence adjudication concerning alleged fire safety (cladding, insulation, and cavity barrier) defects in a large student residential development, successfully arguing (on behalf of the Responding Party architect) for the dismissal of the Referring Party’s claims in full;
• as sole counsel in the High Court (TCC) to oppose the Defendant/Part 20 Claimant’s application for judgment in default on their counterclaim in a multi-party dispute concerning the enforcement of a personal guarantee;
• as sole counsel in the High Court (TCC) to seek the enforcement of a c. £1.3 million adjudicator’s decision;
• as sole counsel in a 2.5-day multi-track trial in the County Court (TCC) in a dispute concerning the release of a retention sum due to the landlord upon the completion of related snagging items, pursuant to an agreement for lease;
• In a multi-million-euro international arbitration five-week trial concerning the use of a pioneering anaerobic digestion technology at a waste-to-energy plant (led by Fionnuala McCredie KC and William Webb KC); and
• In a fire safety dispute concerning matters of principle arising from Martlet Homes Limited v Mulalley & Co. Limited [2022] EWHC 1813 (TCC), the Developer Remediation Contract, and the use of PAS 9980:2022 (led by Simon Hughes KC).

Mercy has experience with all common standard forms, including the JCT, NEC, FIDIC, as well as bespoke construction contracts and PFI agreements. She has a particular interest in NEC and is a contributing author of Keating on NEC (2nd edition), which provides commentary on NEC3 and NEC4 standard forms. She is also a contributor to Keating on Construction Contracts.

Mercy regularly appears in court. Additionally, during her first year of tenancy, she spent time in the Court of Appeal marshalling Coulson LJ in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, where the Court held that a contractor was entitled to terminate an amended JCT DB (2016) contract on the basis that the employer had repeated a "specified default", even though the employer's original default had not given rise to a right to terminate.

She was also involved in the UK Covid-19 Inquiry (Module 4) as part of the counsel team instructed by the UK Department of Health and Social Care and led by Sam Stein KC and Abdul Jinadu.

Mercy provides advice, drafting, and representation at all stages of the litigation process, with a focus on complex construction, energy, and related disputes.