Mercy Milgo

Mercy regularly appears in Court, tribunals and adjudications. She has recently been instructed:

• in an ongoing c.£55 million TCC claim involving applications for Building Liability Orders under sections 130 – 132 of the Building Safety Act 2022 (led by Simon Hughes KC);
• in an ongoing 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);
• in a c. £28 million contractual adjudication concerning a defective bulkhead at a pumping station (led by Justin Mort KC);
• as sole counsel in a Remediation Order, Costs, and Case Management hearing in the First-tier Property Tribunal (Property Chamber), in an ongoing c. £3.3 million multi-party dispute regarding alleged structural, fire safety and water ingress defects in a residential block;
• as 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 (acting on behalf of the Responding Party architect); and
• as sole counsel in the High Court (TCC) to seek the enforcement of a £1.3 million adjudicator’s decision.

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 is a member of the Attorney General’s Junior Counsel Scheme. She was 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 (led by Sam Stein KC and Abdul Jinadu).

Mercy draws on her previous varied legal experiences: as a secondee to the construction and engineering team in a leading Newcastle solicitors’ firm, as a marshal to Lord Justice Coulson in the Court of Appeal, and as a legal assistant.

Having grown up in Kenya, Mercy is also fluent in Swahili and is familiar with issues affecting the construction and energy industry in the EAC and the wider African region. She recently spoke at the annual Construction Law in Africa conference held in Johannesburg, South Africa.