Isobel Kamber

Final hearings

• Final hearing (Wandsworth County Court) – appeared on behalf of the Defendant in an action for damages for breach of contract.
• Final hearing (Sheffield County Court) – appeared on behalf of the Defendant in an action for damages for negligence.
• Final hearing (Bournemouth County Court) – appeared on behalf of the Defendant in an action for damages for negligence resulting from a car accident.

Adjudication enforcement

• Assisted in an adjudication enforcement hearing in the TCC, successfully resisted enforcement on the basis the applicant’s solvency was in doubt.

• Junior Counsel to Rachael O’Hagan and Krista Lee KC on one of the Lawyer Top 20 cases – WM Morrisons Supermarkets Plc and Neerock Ltd v Lorien Engineering Solutions Ltd (dissolved), GP Strategies Ltd, John Sisk & Sons Ltd and J&E Hall Ltd
• Junior Counsel to Matt Finn and Alexander Nissen KC on a dispute concerning subsidence.
• Junior Counsel to Tom Owen in a dispute concerning defects at three multi-million-pound developments.
• Sole Counsel in a payment dispute concerning a domestic extension and renovation project
• Sole Counsel in a final account dispute regarding a hotel redevelopment project in Central London.
• Drafted a Particulars of Claim on behalf of an owner, developer and operator of hotels internationally for breach of contract against a building contractor for the supply and installation of defective screed.
• Drafted the Particulars of Claim and Reply on behalf of a UK owned international clothing chain for breach of contract against a construction company for the design and installation of a defective roof.
• Drafted a Particulars of Claim on behalf of an investments company for breach of contract against an insurer for payment up of a performance bond.
• Drafted a Particulars of Claim for an owner, operator and developer of data centres for breach of contract against a building contractor for delays to the project.
• Drafted a Particulars of Claim on behalf of a construction contractor for breach of contract/ negligence against a screed supplier for the supply and installation of defective screed.
• Drafted a Defence on behalf of a geotechnical consultant contractor, specialising in piling and grouting, against whom various defects were alleged relating to permeation grouting.
• Advised a construction contractor on the meaning and effect of final account provisions under a building contract.
• Advised a construction contractor on a contracting parties obligations to assign rights under a building contract.
• Advised a construction contractor on NEC3 contractual provisions relating to compensation events.

• Drafted a Particulars of Claim for an international furniture company against a firm of architects, for the defective design of an industrial flat roof.
• Drafted a Particulars of Claim against a sole trader for the defective installation of a canopy ceiling.

• Junior Counsel in an ICC Arbitration concerning a project in Saudi Arabia.

• Advised a construction contractor on the proper construction of provisions relating to a performance test under an EPC contract for a solar power farm.

• Drafted a Particulars of Claim on behalf of an NHS Trust concerning fire stopping defects in a hospital.

• Assisted in the multi-million-pound case of WM Morrisons Supermarkets Plc and Neerock Ltd v Lorien Engineering Solutions Ltd (dissolved), GP Strategies Ltd, John Sisk & Sons Ltd and J&E Hall Ltd. This is one of the Lawyer’s Top 2020 cases.
• Drafted a Skeleton Argument, Order and Claim Form in support of an application to the High Court to obtain an interim prohibitory injunction to prevent trespass and property damage.
• Assisted in an Adjudication Enforcement Hearing in the TCC, successfully resisting enforcement on the basis of doubts as to the Applicant’s solvency.
• Drafted a Skeleton Argument in an Adjudication Enforcement Hearing in the TCC, resisting enforcement (summary judgment).
• Drafted a Skeleton Argument in support of an application for an interim mandatory injunction in the High Court for delivery up of drawings, documents and software relating to an ongoing project, whilst resisting a cross application for a stay of proceedings under section 9 Arbitration Act 1996.
• Assisted in an Architect’s Disciplinary Tribunal Hearing, acting for the Architect.
• Drafted Pre-Action Protocol Letters of Claim on behalf of a Police and Crime Commissioner seeking damages for breach of contract for a defective police station.

Adjudication

• Sole counsel on three simultaneous adjudications for the same client (the main contractor) on three separate projects. The dispute concerned whether the purported termination was wrongful.
• Junior counsel on an adjudication against the design and build contractor for the defective design and installation of in-situ cast reinforced water-tight concrete walls, floors and roof.
• Advised a building contractor on the likely prospects of resisting adjudication enforcement proceedings following an unsuccessful adjudication.

Adjudication Enforcement

• Assisted in an adjudication enforcement hearing in the TCC, successfully resisted enforcement on the basis the applicant’s solvency was in doubt.
• Drafted a Particulars of Claim for an adjudication enforcement hearing concerning the validity of a payment notice.
• Drafted a Particulars of Claim for an adjudication enforcement hearing concerning the validity of three payment notices.
• Advised on the prospects of resisting the enforcement of an adjudication decision.

• Assisted Charles Banner KC in a successful planning appeal for the promotion of a 100 dwelling residential development in Topsham, Devon.

• Assisted drafting the Skeleton Argument in opposition to an application to set aside an automatic suspension.
• Drafted Cost Submissions in support of proceedings brought to challenge a procurement conducted for the provision of housing maintenance services with an estimated value of £120 million.
• Advised a local authority on whether prospective actions would create a risk of breach of the Public Contract Regulations 2015.
• Advised a local authority on (a) the lawfulness of the scoring and evaluation of bids in a procurement exercise and (b) what the risks and benefits would be of abandoning the procurement.
• Advised a company on whether it constitutes a contracting authority for the purposes of the Public Contract Regulations 2015.