James Frampton

James has experience of the whole range of construction related disputes including claims for defective workmanship or design, delay, variations, termination and final accounts. James’ recent domestic work includes:

• Acting for the claimant in Dr Jones Yeovil Limited v The Stepping Stone Group Limited [2020] EWHC 2308 (TCC). Following a 7 day trial in the High Court, heard remotely by Zoom, James’ client was successful in recovering its retention and defeating the counterclaim of over £240,000 raised by the employer for alleged defects in full.
• Acting for the successful Claimant/Applicant in Wilson and Sharp Investments Ltd v Falmouth Property Investments Ltd [2019] 1 WLUK 533 securing summary judgment against a £1million set-off/counterclaim for misrepresentation in the High Court (QBD).
• Acting as junior counsel for a local authority in respect of cladding and fire-stopping issues under a PFI contract in a housing block.
• Representing the successful Claimant in a two-day domestic arbitration hearing in relation to defective groundworks.
• Acting as sole counsel in final account proceedings in the High Court (TCC).
• Acting, as junior counsel to Sam Townend, in various proceedings involving the National Housing Building Counsel (NHBC), the market leading insurer of new and refurbished residential properties in the UK.
• Representing (as sole counsel) the successful applicant for a final charging order in the High Court (TCC).
• Acting for the successful respondent to a summary judgment application concerning a “battle-of-forms”.

James is regularly instructed as junior counsel on substantial international arbitrations concerning construction and energy projects throughout the world, including:

• Acting (as junior counsel to Simon Hughes QC and Vince Moran QC respectively) in two separate ongoing arbitrations concerning two power stations in South Africa.
• Acted (as junior counsel to Richard Harding QC) in an ADCCAC final account arbitration concerning an international airport in the UAE.
• Acting (as junior counsel to Simon Hughes QC) in a 5 week SIAC arbitration under the UNCITRAL rules for a very substantial dispute concerning an iron-ore mine in Western Australia. The governing law was the law of Western Australia.
• Representing (as junior counsel to Simon Hughes QC) a Korean joint venture in a $500 million dispute, under the LCIA rules, about a power station in the Middle East.
• Acting (as junior counsel to Marcus Taverner QC) for the developer of a skyscraper in Dubai in a DIAC arbitration.
• Representing (with Sam Townend) an Eastern European state entity in an ICC Arbitration concerning an infrastructure project funded by the World Bank.

James is regularly instructed on public procurement disputes, including acting as Junior Counsel to Sarah Hannaford QC and Simon Taylor. James’ recent cases include:

• Acting (as junior counsel to Sarah Hannaford QC) for an unsuccessful bidder in a challenge to the procurement of a major infrastructure project in London.
• Acting (as sole counsel) for a bidder which had been disqualified from a procurement. The  procurement was restarted following the service of Particulars of Claim drafted by James.
• Acting (as junior counsel to Sarah Hannaford QC) for the MOD in a challenge to the procurement of a fire and rescue contract.
• Acting (as junior counsel to Sarah Hannaford QC) for an unsuccessful bidder in a challenge to the procurement of a rail infrastructure project Alstom Transport UK Ltd v Network Rail Infrastructure Ltd [2019] EWHC 3585 (TCC).
• Acting (with Simon Taylor) for an unsuccessful bidder in a challenge to the procurement of a naval gun system.
• Acting (with Simon Taylor) for an unsuccessful bidder in a challenge to the procurement of an adult education and training service.

James regularly appears as an advocate in both the County Court and High Court. His recent experience includes:

• Acting for the claimant in Dr Jones Yeovil Limited v The Stepping Stone Group Limited [2020] EWHC 2308 (TCC). Following a 7 day trial in the High Court, heard remotely by Zoom, James’ client was successful in recovering its retention and defeating the counterclaim of over £240,000 raised by the employer for alleged defects in full.
• Acting for the successful applicant for summary judgment on a set-off/counterclaim for misrepresentation in the High Court (QBD); Wilson and Sharp Investments Ltd v Falmouth Property Investments Ltd [2019] 1 WLUK 533.
• Representing the successful Claimant in a two-day domestic arbitration concerning defective groundworks.
• Representing the successful Claimant in adjudication enforcement proceedings concerning allegations of fraud; Assesmont Ltd v Brookvex IMS Ltd [2018] EWHC 2629 (TCC).
• Appearing for the successful Claimant in a one-day fast track trial on whether payments for VAT were due under a building contract.
• Representing the successful applicant for a Final Charging Order in the High Court (TCC).
• Acting for the successful applicant for an order for specific disclosure in respect of a claim for waste removal.
• Acting for the successful respondent to a summary judgment application concerning a “battle-of-forms”.

James is frequently instructed to act for parties during adjudications and on enforcement in the High Court. His recent work includes:

• Appearing for the successful Claimant in adjudication enforcement proceedings concerning allegations of fraud; Assesmont Ltd v Brookvex IMS Ltd [2018] EWHC 2629 (TCC).
• Appearing for the successful Claimant in adjudication enforcement proceedings concerning the residential occupiers’ exception; Howsons Ltd v Redfearns [2019] EWHC 2540 (TCC).
• Appearing for the successful Claimant in proceedings to enforce four adjudication decisions, raising issues of whether a dispute had crystallised, waiver and severance; LJH Paving v Meeres Civil Engineering Ltd [2019] EWHC 2601 (TCC).
• Acting for a successful responding party to a “smash-and-grab” payment notice dispute. The adjudicator accepted James’ written submissions that the contract was a hybrid contract and as a result the alleged payment notice was ineffective.
• Acting for a local authority in a multi-million adjudication in respect of the pain-gain mechanism in an NEC3 contract.
• Advising successful parties and unsuccessful parties to adjudication on whether to issue or resist enforcement proceedings.

• Advising an international contractor in respect of a call on an on-demand bond.

• Acted for the joint venture contractor (led by Adam Constable QC) in an adjudication, worth circa £12m, in relation to an ongoing major infrastructure project in London.
• Representing (as sole counsel) a major telecommunications provider in numerous County Court claims.
• Drafting a Defence in a dispute between telecommunications providers concerning the decommissioning of a mobile switching centre.
• Preparing adjudication proceedings (settled before service of the notice) concerning a rail infrastructure development for a major multi-national engineering consultancy.

• Acting, as Junior Counsel to Sarah Hannaford KC, for the claimant in a claim in the High Court (TCC) involving a defective IT system and public procurement issues.

• Acting (as junior counsel) for a local authority in ongoing proceedings concerning cladding and fire-stopping issues under a PFI contract in a housing block.

• Representing the Claimant in a claim in the High Court (TCC) concerning a Professional Consultant’s Certificate.
• Acting for a home-owner in a claim against an architect concerning the negligent design of foundations for a domestic dwelling.
• Acting for a developer in a claim for negligence against a contractor administrator of a JCT contract.

James has experience of acting for the Appellant and the Respondent to appeals to awards under the Party Wall etc. Act 1996, including acting for the successful appellant to a party wall award in Thomas Ash v Shayne Trimnell-Ritchard (Central London County Court, 2020).