Callum Monro Morrison - Keating Chambers

Call: 2018

Email: cmonromorrison@keatingchambers.com

Tel: +44 (0)20 7257 8751

Callum Monro Morrison was called to the Bar in 2018 and became a tenant at Keating Chambers in 2019 following the successful completion of his pupillage.

Callum is building a busy commercial practice which spans Chambers’ specialisms, acting either as sole counsel or as junior counsel in larger legal teams. He is engaged in both international and domestic work and his recent instructions have related to a broad range of construction, engineering, energy, offshore and infrastructure projects, including insurance- and insolvency-related matters. Callum is a contributor to Keating on Construction Contracts and is familiar with all common standard forms, including the JCT, NEC and FIDIC forms, as well as the RIBA form of appointment. He also has experience of PFI/PPP and turnkey agreements.

Callum regularly represents clients in the County Court and in adjudications in his own right. He is currently being led in substantial TCC litigation and in international arbitration. Recent highlights include acting:

on behalf of an investment fund in TCC proceedings concerning a multi-million-pound retail and residential development (led by Marcus Taverner QC);
on behalf of a public authority in TCC proceedings concerning unsafe cladding and other fire safety defects in residential tower blocks (led by Simon Hughes QC);
in three separate international arbitrations concerning (i) a coal-fired power station in Africa (led by Simon Hughes QC), (ii) a water desalination plant in the Middle East (led by Simon Hughes QC) and (iii) a leisure park in East Asia;
as sole counsel for a Defendant insurer in a series of fast- and multi-track trials concerning repairs to highway furniture; and
as sole counsel in a c. £1.6 million adjudication concerning the loss of a chance to implement a less costly structural steelwork design.

Callum accepts instructions to advise, draft pleadings or represent clients in relation to a broad range of commercial matters, with a focus on construction, engineering, energy and associated professional negligence disputes.

Assisted in preparing the Claimant’s written and oral submissions in response to an application in the TCC to strike out large parts of the Particulars of Claim which were based on extrapolation (led by Jonathan Selby QC). Dismissal of the application was successfully obtained.
Fast- and multi-track trials in the County Court – appeared on behalf of the Defendant insurer in a series of claims brought by highway repair contractors for the costs of repairing damaged highway furniture. The trials included cross-examination of factual and expert witnesses. Successfully obtained significant reductions in the quantum of damages awarded in each case (liability had been admitted).
Disposal hearing (County Court at Canterbury) – appeared on behalf of the Claimants in a claim against a landlord for the cost of building repairs. Successfully obtained all monetary relief sought, together with a substantial costs award.
Strike-out application (County Court at Watford) – successfully obtained dismissal of the claim on grounds of contractual exclusion and limitation.
Application to set aside default judgment (County Court at Leicester) – successfully resisted an application to set aside a default judgment and associated interim charging order, further obtaining an order that the Defendant pay a substantial part of the Claimant’s costs.
Final hearing (County Court at Kingston-Upon-Thames) – appeared on behalf of the Defendant and successfully obtained dismissal of a claim for business interruption losses.
Application to reinstate a Defence (County Court at Slough) – appeared on behalf of the Applicant and successfully obtained an order granting relief from sanctions, thus reinstating a Defence which had been struck out for failure to serve a directions questionnaire on time.
Application for a stay for arbitration (County Court at Northampton) – appeared on behalf of the Applicant and successfully obtained a stay of the proceedings under section 9 of the Arbitration Act 1996.

Advised an employer on its prospects of success and strategy for a claim against its employer’s agent for negligent over-certification in the sum of c. £400,000.
Drafted pleadings on behalf of a public authority seeking to recover substantial damages for an evacuation and remedial works caused by unsafe cladding (led by Simon Hughes QC).
Advised on, and drafted the Defence to, a claim against a jacuzzi company for negligent construction of a swimming pool. The Claimant discontinued the claim upon receipt of the Defence.
Drafted two Defences to claims against a homebuilder for breach of contract in relation to various new-build properties. Following receipt of the Defences, the Claimants settled the claims.
Drafted Particulars of Claim on behalf of a building owner for a breach of contract/negligence claim against an earthworks contractor for defective piling at an industrial warehouse.
Drafted a Defence on behalf of a bathroom fit-out contractor, against whom liability for various bathroom defects had been alleged by the owners of several apartments.
Assisted in drafting Particulars of Claim on behalf of an unpaid demolition contractor.
Advised a building contractor on the status of various notices for the purposes of an interim application under a JCT Design & Build Contract (2011 edition).
Advised an investment management firm on its prospects of success, the likely measure of damages and whether to accept a Part 36 offer in respect of a claim arising from defective cladding at an office building.
Advised a groundworks subcontractor on its prospective claim against a main contractor for the costs incurred repairing a warehouse floor slab.
Advised a glazing subcontractor on (a) whether it had formed a binding contract with a main contractor, (b) the terms of that contract and (c) whether those terms permitted adjudication.

Drafted pleadings on behalf of an investment fund in relation to a multi-million-pound professional negligence claim against its design team (led by Marcus Taverner QC).
Advised and drafted claim documents for provision to the expert team in a c. £40 million prospective claim against a construction manager and building services engineer for negligent performance in the construction of a hospital.
Drafted a Scott Schedule in defence of a million-pound claim against architects for allegedly negligent design of home refurbishment works (led by Richard Coplin).
Drafted a Defence on behalf of a property management company against whom it was alleged that negligent failure to provide an out-of-hours emergency telephone service had led to severe flooding at a residential property.
Drafted a Pre-Action Protocol Letter of Claim on behalf of a local authority seeking damages in respect of a collapsed floodlight at a rugby stadium.
Drafted Particulars of Claim on behalf of a public utilities supplier for a claim against a water-cooling specialist whose products had caused a leak at a telephone exchange.
Assisted in advising an NHS trust on its prospects of success (liability and quantum) in a prospective claim against (a) a contract administrator and (b) a specialist water treatment firm.

Assisted in drafting pleadings and drafted the Claimant’s skeleton argument for the hearing of the Respondent’s jurisdictional challenge in an arbitration concerning a water desalination plant in the Middle East (led by Simon Hughes QC).
Drafted Particulars of Claim and the Reply in a substantial claim against a maintenance contractor for costs incurred as a result of the destruction of a flue gas desulphurisation unit during a fire at a power station.
Advised an oil rig decommissioning firm and drafted a Pre-Action Protocol Letter of Response in relation to a sale of goods dispute with the buyer of a reclaimed turbine.

Drafted the Referring Party’s submissions in a c. £1 million dispute concerning delay to the construction of a large residential development and the liquidated damages payable in consequence of that delay. Succeeded on all legal issues, including (i) the existence, terms and effect of an alleged settlement agreement and (ii) arguments about partial possession.
Drafted the Notice of Adjudication and Referral in a claim by a firm of architects for unpaid fees. The fees were paid upon receipt of the Referral.
Drafted the Response and Rejoinder in a final account dispute concerning a groundworks subcontract for a Lidl supermarket in Yorkshire. Successfully obtained a 62% reduction in the payment which had been sought by the Referring Party.
Appeared on behalf of the Defendants and successfully resisted an application to enforce an adjudicator’s decision, on the grounds that the adjudicator lacked jurisdiction because there was no contract between the parties, and the case was not amenable to summary judgment in any event.
Appeared on behalf of the Referring Party (main contractor) and successfully obtained an adjudicator’s decision to the effect that no further sums were owing to a sub-contractor, since allegedly additional works were in fact within the agreed scope of the subcontract.
Drafted the Response and Rejoinder in a final account dispute concerning ground remediation works at a mixed retail and industrial site (led by Tom Coulson). Successfully obtained a 91% reduction in the payment which had been sought by the Referring Party.
Drafted the Rejoinder in a final account dispute concerning the construction of a dance studio. Legal issues included global claims and liquidated damages. The contract between the parties was in the JCT Standard Building Contract Without Quantities (2011) standard form.
Assisted in advising a property developer on contract administrator’s duties and the crystallisation of a ‘dispute’ for the purposes of adjudication under the statutory Scheme for Construction Contracts.
Assisted in advising a civil engineering subcontractor on the scope of the Notice of Adjudication and whether matters outside that notice could be raised in its defence.

Advised on the merits of an appeal against a judgment on quantum where the judge had erred in law, and drafted the Grounds of Appeal and accompanying skeleton argument.
Advised on whether there had been a breach of CPR 3.13 regarding the time for filing cost budgets and accordingly whether an application for relief from sanctions needed to be made.
Advised on the merits of an appeal against a decision refusing a request for default judgment. The advice included detailed consideration of CPR 12 and relevant authorities.
Drafted a skeleton argument in support of an application to the High Court to obtain an interim prohibitory injunction to prevent threatened trespass and property damage.
Assisted in advising a prospective Claimant on the optimum procedure for its claim (Part 7, Part 8, shorter trial scheme, flexible trial scheme).
Drafted a Respondent’s statement of why permission to appeal should be refused.
Drafted a skeleton argument in support of an application for (a) a mandatory interim injunction to obtain delivery up of certain design materials, and (b) an order that the proceedings be stayed for arbitration.
Assisted in advising a Defendant to a substantial multi-party claim on whether it was bound by court decisions in related proceedings (res judicata and issue estoppel).
Drafted a skeleton argument for an application to strike out a substantially defective pleading, alternatively to obtain summary judgment against the Claimant.
Drafted a skeleton argument on behalf of a Defendant seeking to strike out the re-amended Particulars of Claim at a directions hearing.
Drafted a Part 20 contribution notice seeking an indemnity/contribution from five other Defendants.
Drafted a Pre-Action Protocol Letter of Claim on behalf of a power generation company seeking substantial business interruption losses from a power station maintenance contractor.

Drafted the Respondent’s closing submissions on the law in a Hong Kong arbitration concerning the construction of a leisure park in the Far East.
Drafted part of the Opening and Closing Submissions, assisted with trial preparation and drafted a List of Issues for an international arbitration (UNCITRAL rules) concerning delays to the construction of a coal-fired power station (led by Simon Hughes QC). The subcontract between the parties was in the FIDIC Yellow Book (1999) standard form.
Assisted with trial preparation for an international arbitration (LCIA rules) concerning the scope of works in a contract for the decommissioning of a nuclear power plant.

Drafted Particulars of Claim on behalf of an insurer for a claim against a guarantee bond.
Advised an insurer on the validity of various grounds for declinature against an insured under a legal expenses insurance policy.
Advised a main contractor in respect of a claim against an insurer under the Third Parties (Rights Against Insurers) Act 1930 in relation to demolition and asbestos removal works.
Assisted in advising an employer on its claim against the PI insurer of an insolvent groundworks subcontractor.

Drafted witness statements to support the referral to adjudication of two substantial claims against a main contractor for undervaluation of interim payments and mobilisation and delay costs. The claims related to a large marine engineering project. Also advised on quantum, the NEC3 compensation event provisions and assisted in drafting the Referrals.

Advised a consumer on the merits of a potential claim against a utilities provider for incorrect invoicing. The advice included consideration of whether billing data could be obtained from the utilities company under the Data Protection Act 2018.
Assisted in drafting the Defence to a claim brought by a recruitment agency against an engineering consultancy for alleged breach of a personnel assignment agreement.
Drafted a skeleton argument for a Defendant’s application to set aside default judgment in a claim for alleged wrongful registration of a default.

Assisted in advising a public body on the lawfulness of the exercise of a discretionary power under domestic legislation and general EU law obligations.

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