Paul Bury

Call: 2008

Email: pbury@keatingchambers.com

Tel: +44 (0)20 7544 2600

Practice Overview

Paul Bury is a highly experienced specialist in oral and written advocacy in:

  • domestic and international commercial construction,
  • professional negligence,
  • energy,
  • insurance,
  • offshore,
  • infrastructure projects, and
  • regulatory disputes.

He has been described as “razor-sharp…first class [and] a future star of the Construction Bar”.

Paul is regularly instructed as sole Counsel or as Junior Counsel in a broad range of disputes including highly complex and high-value High Court proceedings, international and domestic arbitration (in particular ICC, LCIA and UNCITRAL), adjudication and mediation.

He has extensive advocacy experience in High Court trials, applications, procedural hearings, and adjudication work as well as in arbitrations and adjudications. Paul has been praised as “a skilled advocate, delivering effective oral arguments and cross-examination at hearings”.

Paul has gained particular expertise in cases involving issues of delay and disruption, defects, and contractual termination, and cases involving professional negligence and insurance issues, particularly those involving structural engineers, architects, cladding issues, and energy technology. Paul has extensive knowledge of the JCT, NEC, IChemE Red Book and FIDIC standard form contracts and of the offshore LOGIC and SAJ forms.

Some of the larger TCC matters he has been involved in include Energy Works (Hull) Ltd v MW High Tech Projects, LDC v George Downing Construction, Bluewater Energy Services BV v Mercon Steel Structures BV and Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd and, in adjudication, Eurocom v Siemens. Paul’s international arbitration practice has seen him act for clients on projects based in jurisdictions such as South Africa, Dubai, Hong Kong, South Korea, China, Qatar and Nigeria.

Having previously worked for a leading international law firm in Brussels on complex regulatory issues involving blue-chip international companies, Paul is adept at taking a commercial approach to legal issues and dispute resolution and receives praise from clients for his ability “to penetrate difficult details” with “an impressive grasp of the technical detail of a case”. He is recommended as a leading junior in the legal directories for construction, energy and professional negligence and is described as “undoubtedly a star of the future”.

Practice Areas
  • Construction & Engineering
  • Energy & Natural Resources
  • International Arbitration
  • Offshore Construction & Marine Engineering
  • Professional Negligence
  • Adjudication
  • Property
Construction & Engineering
  • Acted as Junior Counsel in a £100m TCC claim relating to a waste-to-energy power plant in Hull.  Acted as Counsel in various interlocutory hearings and advised throughout and appeared in the 5-week trial (Energy Works (Hull)Ltd v MW High Tech Projects).
  • Instructed on behalf of various developers, main contractors and sub-contractors in various High Court (TCC) and other disputes relating to cladding issues, cavity barriers and fire stopping in tower blocks in the U.K, including as sole counsel in the LDC v George Downing Construction case in the TCC.
  • Instructed as sole Counsel on behalf of the main contractor in a substantial High Court (TCC) claim relating to alleged defects in the design and renovation of a listed U.K. government building including in relation to fire stopping.
  • Acted as Co-Counsel with solicitors for a contractor in various dispute adjudication board disputes relating to power plants in South Africa including representing the contractor in various hearings.
  • Drafted pleadings and instructed as Junior Counsel in a claim relating to the alleged negligent structural engineering design of a multi-span bridge in England.
  • Instructed as sole Counsel for the defendant contractor in a High Court (TCC) claim relating to alleged structural engineering defects in a multi storey car park in Manchester.
  • Drafted pleadings and instructed as Junior Counsel for the Claimant owner in a multi-party High Court (TCC) claim relating to alleged structural engineering defects in a multi storey car park in Birmingham claiming remedial works and diminution in value.
  • Instructed as sole Counsel on behalf of a main contractor in multi-party TCC litigation in defending alleged structural engineering defects in a bus depot in Bolton.
  • Drafted pleadings and instructed to act as Junior Counsel for a buyer in a $600m LCIA arbitration dispute relation to the termination of a contract for the construction of a pipe-laying vessel in China.
  • Acted as Junior Counsel for a buyer in a $500m arbitration dispute relating to the termination of a contract based on the SAJ form for the construction of drillship in South Korea involving issues of defects, delay and alleged acts of prevention.
  • Drafted pleadings and instructed to act as Counsel in a High Court (TCC) claim defending an architect against allegations of professional negligence for the submission of designs for planning permission.
  • Drafted pleadings and instructed to act as Junior Counsel in a High Court (TCC) dispute for a fabrication contractor in relation to the final account for various oil and gas production platforms in the North Sea.
  • Drafted pleadings and instructed to act as Junior Counsel in a High Court (TCC) dispute for a contractor in relation to the final account under a contract based on the LOGIC form for the upgrade and hook-up of oil and gas production platforms in the North Sea.
  • Instructed in several separate disputes in both adjudication and arbitration regarding the Take-Over and Acceptance criteria for various biomass plants.
  • Acted as Junior Counsel in an ICC arbitration defending a claim by an M&E subtractor concerning termination of the subcontract relating to work on a polysilicon plant in Qatar.
  • Instructed to settle the Particulars of Claim and obtaining judgment in default in a £75m claim against the design engineers responsible for the design and construction of mechanical biological treatment facilities for household waste in Greater Manchester.  Acting as Junior Counsel in the follow-on arbitration claims against the insurer under the Third Parties (Rights Against Insurers) Act.
  • Acted as Junior Counsel and drafted pleadings in an ICC arbitration for an employer against a main contractor relating to the engineering, procurement and construction of a polysilicon plant in Qatar involving issues of delay and technical issues of water treatment.
  • Acted as Junior Counsel and drafted pleadings for a marine engineering firm in a LCIA arbitration relating to the construction and installation of pipelines off the coast of Nigeria involving variations and disruption claims.
  • Acted as Junior Counsel for the contractor in a five-week trial in the High Court (TCC) concerning a Soft Yoke Mooring System for oil tankers in the Caspian Sea under an amended LOGIC contract involving issues of termination of the contract, concurrent delay and prevention (Bluewater Energy Services BV v Mercon Steel Structures BV).
  • Acted as Junior Counsel for the employer in a three-week trial in the High Court (TCC) concerning a biomass fuel plant in North East England under the IChemE Red Book contract and involving issues of termination of Contract and delay (Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd).
  • Instructed to draft pleadings and appear in Case Management Conferences in relation to a High Court (TCC) dispute over the final account for a maintenance contract for the upkeep of properties in the North East of England.
  • Instructed to draft pleadings and appear as Junior Counsel in relation to a High Court (TCC) dispute over the final account of a contract for the maintenance of a portfolio of HMRC buildings across the UK.
  • Acted as Counsel in an adjudication for a multinational engineering company defending a global claim for disruption damages and alleged repudiatory breach (Eurocom v Siemens).
  • Acted as part of the Counsel team in a multi-million pound construction arbitration concerning the redevelopment of accommodation at a British naval base under a Target Price contract involving disputes over interim payments and variations, including ground conditions.
  • Instructed as part of the Counsel team in preparation of a substantial claim in arbitration relating to engineering issues with a bridge in Hong Kong.
  • Appeared in several County Court trials, drafted pleadings and advisory work on construction disputes including final account disputes, termination, delay and disruption claims and disputes over variations and allegations of defective works.
Energy & Natural Resources

Substantial expertise in disputes relating to onshore energy and waste plants, and offshore energy infrastructure, including oil and gas production platforms, drillships and pipelaying vessels, and wind and solar farms.

  • Acted as Junior Counsel in a £100m TCC claim relating to a waste-to-energy power plant in Hull. Acted as Counsel in various interlocutory hearings and advised throughout and appeared in the 5-week trial (Energy Works (Hull)Ltd v MW High Tech Projects).
  • Acted as Co-Counsel with solicitors for a contractor in various dispute adjudication board disputes relating to power plants in South Africa including representing the contractor in various hearings.
  • Instructed as Junior Counsel in a £100m arbitration claim relating to the termination of a waste-to-energy plant in Northern Ireland.
  • Instructed to defend an equipment supplier in claims relating to alleged fraudulent misrepresentation over a series of contracts in the energy sector.
  • Drafted pleadings and instructed to act as Junior Counsel for a buyer in a $600m LCIA arbitration dispute relating to the termination of a contract for the construction of a pipe-laying vessel in China.
  • Acted as Junior Counsel for a buyer in a $500m arbitration dispute relation to the termination of a contract based on the SAJ form for the construction of drillship in South Korea involving issues of defects, delay and alleged acts of prevention.
  • Drafted pleadings and instructed to act as Junior Counsel in a High Court (TCC) dispute for a fabrication contractor in relation to the final account for various oil and gas production platforms in the North Sea.
  • Drafted pleadings and instructed to act as Junior Counsel in a High Court (TCC) dispute for a contractor in relation to the final account under a contract based on the LOGIC form for the upgrade and hook-up of oil and gas production platforms in the North Sea.
  • Instructed in several separate disputes in both adjudication and arbitration regarding the Take-Over and Acceptance criteria for various biomass plants.
  • Acted as Junior Counsel in an ICC arbitration defending a claim by an M&E subtractor concerning termination of the subcontract relating to work on a polysilicon plant in Qatar.
  • Instructed to settle the Particulars of Claim and obtained judgment in default in a £75m claim against the design engineers responsible for the design and construction of mechanical biological treatment facilities for household waste in Greater Manchester. Acting as Junior Counsel in the follow-on arbitration claims against the insurer under the Third Parties (Rights Against Insurers) Act.
  • Acted as Junior Counsel and drafted pleadings in an ICC arbitration for an employer against a main contractor relating to the engineering, procurement and construction of a polysilicon plant in Qatar involving issues of delay and technical issues of water treatment.
  • Acted as Junior Counsel and drafted pleadings for a marine engineering firm in a LCIA arbitration relating to the construction and installation of pipelines off the coast of Nigeria involving variations and disruption claims. Acted as Counsel defending electrical engineering professionals in a £12m adjudication concerning the installation and connection of solar panel farms at various locations in the South West of England.
  • Acted as Junior Counsel for the contractor in a five-week trial in the High Court (TCC) concerning a Soft Yoke Mooring System for oil tankers in the Caspian Sea under an amended LOGIC contract involving issues of termination of the Contract, concurrent delay and prevention (Bluewater Energy Services BV v Mercon Steel Structures BV).
  • Acted as Junior Counsel for the employer in a three-week trial in the High Court (TCC) concerning a biomass fuel plant in North East England under the IChemE Red Book contract and involving issues of termination of Contract and delay (Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd).
  • Acted as Junior Counsel and drafted pleadings in a LCIA Arbitration relating to the final account for the installation of components for a wind farm off the coast of North East England involving issues of delay, variations and defects.
  • Advised and drafted correspondence for a major construction company in relation to a claim concerning duty of care in tort, and statutory duties under the Gas Act, and various Gas Regulations.
International Arbitration
  • Expertise in international and domestic arbitrations under various rules including ICC, LCIA, UNCITRAL and CIMAR.
  • Drafted pleadings and instructed to act as Junior Counsel for a buyer in a $600m LCIA arbitration dispute relation to the termination of a contract for the construction of a pipe-laying vessel in China.
  • Acted as Junior Counsel for a buyer in a $500m arbitration dispute relation to the termination of a contract based on the SAJ form for the construction of drillship in South Korea involving issues of defects, delay and alleged acts of prevention.
  • Acted as Junior Counsel in an ICC arbitration defending a claim by an M&E subtractor concerning termination of the subcontract relating to work on a polysilicon plant in Qatar.
  • Instructed as Junior Counsel in a £100m arbitration claim relating to the termination of a waste-to-energy plant in Northern Ireland.
  • Instructed to draft pleadings and act as Junior Counsel in an ICC arbitration against a main contractor relating to the engineering, procurement and construction of a polysilicon plant in Qatar involving issues of delay.
  • Instructed to draft pleadings and act as Junior Counsel in a LCIA arbitration relating to the construction and installation of pipelines off the coast of Nigeria involving variations and disruption claims.
  • Acted as Co-Counsel with solicitors for a contractor in various dispute adjudication board disputes relating to power plants in South Africa including representing the contractor in various hearings.
  • Acted for an Irish energy contractor in relation to professional negligence allegations against their former professional advisers.
  • Acted as Junior Counsel and drafted pleadings in a LCIA Arbitration relating to the final account for the installation of components for a wind farm off the coast of North East England involving issues of delay, variations and defects.
Offshore Construction & Marine Engineering
  • Drafted pleadings and instructed to act as Junior Counsel for a buyer in a $600m LCIA arbitration dispute relation to the termination of a contract for the construction of a pipe-laying vessel in China.
  • Acted as Junior Counsel for a buyer in a $500m arbitration dispute relation to the termination of a contract based on the SAJ form for the construction of drillship in South Korea involving issues of defects, delay and alleged acts of prevention.
  • Drafted pleadings and instructed to act as Junior Counsel in a High Court (TCC) dispute for a fabrication contractor in relation to the final account for various oil and gas production platforms in the North Sea.
  • Drafted pleadings and instructed to act as Junior Counsel in a High Court (TCC) dispute for a contractor in relation to the final account under a contract based on the LOGIC form for the upgrade and hook-up of oil and gas production platforms in the North Sea.
  • Acted as Junior Counsel and drafted pleadings for a marine engineering firm in a LCIA arbitration relating to the construction and installation of pipelines off the coast of Nigeria involving variations and disruption claims. Acted as Junior Counsel for the contractor in a five-week trial in the High Court (TCC) concerning a Soft Yoke Mooring System for oil tankers in the Caspian Sea under an amended LOGIC contract involving issues of termination of the Contract, concurrent delay and prevention (Bluewater Energy Services BV v Mercon Steel Structures BV).
  • Acted as Junior Counsel and drafted pleadings in a LCIA Arbitration relating to the final account for the installation of components for a wind farm off the coast of North East England involving issues of delay, variations and defects.
  • Instructed to draft pleadings and appear at the Case Management Conference as Counsel and as Junior Counsel in a specific disclosure application in a High Court (TCC) dispute over the supply of mooring chains for Ministry of Defence vessels (Serco Ltd v Fendercare Ltd).
Professional Negligence

Regularly acts for and advises in claims against professionals, including contractors with design obligations, architects, and surveyors, encompassing professional negligence issues and questions of insurance coverage.

  • Instructed on behalf of various developers, main contractors and sub-contractors in various High Court (TCC) disputes relating to cladding issues, cavity barriers and fire stopping in tower blocks in the U.K, including as sole counsel in the LDC v George Downing Construction case in the TCC.
  • Instructed as sole Counsel on behalf of the main contractor in a substantial High Court (TCC) claim relating to alleged defects in the design and renovation of a listed U.K. government building including in relation to fire stopping.
  • Instructed as sole Counsel in a £15m High Court (TCC) claim relating to alleged structural engineering defects in a multi storey car park in Manchester.
  • Drafted pleadings and instructed as Junior Counsel for the claimant owner in a multi-party High Court (TCC) claim relating to alleged structural engineering defects in a multi storey car park in Birmingham claiming remedial works and diminution in value.
  • Instructed as Junior Counsel for project management professionals in defending a fire claim where it was alleged that the installation of a lift had caused the destruction of an 18th Century mansion.
  • Instructed as sole Counsel on behalf of a main contractor in multi-party TCC litigation in defending alleged structural engineering defects in a bus depot in Bolton.
  • Instructed as sole Counsel for the Claimant in High Court (TCC) proceedings for the main contractor against the software safety designer relating to the design and build of facilities for the production of explosive flares for fighter jets.
  • Drafted pleadings and instructed to act as Counsel in a High Court (TCC) claim defending an architect against allegations of professional negligence for the submission of designs for planning permission.
  • Drafted pleadings and instructed as Junior Counsel in a claim relating to the alleged negligent structural engineering design of a multi-span bridge in England.
  • Drafted pleadings and instructed to act as Counsel in a multi-party High Court (TCC) claim defending a design and build contractor against alleged fire break defects.
  • Instructed to settle the Particulars of Claim and obtained judgment in default in a £75m claim against the design engineers responsible for the design and construction of mechanical biological treatment facilities for household waste in Greater Manchester. Acting as Junior Counsel in the follow-on arbitration claims against the insurer under the Third Parties (Rights Against Insurers) Act.
  • Acted as Counsel defending electrical engineering professionals in a £12m professional negligence adjudication concerning the installation and connection of solar panel farms at various locations in the South West of England.
  • Advised and drafted proceedings relating to an architect’s design and supervision requirements for the construction of a hospital in Coventry.
  • Instructed to act for the groundworks engineer in relation to the failure of underpinning at a construction site in Hackney, London.
  • Instructed to settle the Particulars of Claim in a £10m claim against piling sub-contractors involving issues under the Unfair Contract Terms Act and geotechnical expert evidence.
  • Counsel in a four day multi-track trial successfully recovering unpaid architect’s fees. The dispute included defending a counterclaim for the architect’s professional negligence and an architect’s responsibility for delays to a construction project including expert evidence on professional negligence and consideration of the RIBA Conditions for Appointment for a Domestic Project contract.
  • Drafted pleadings and advised in numerous claims for and against architects with allegations of unpaid invoices, breach of duty to supervise and professional negligence in design.
Adjudication

Regularly acts as counsel, drafts pleadings and advises in cases to enforce and to resist enforcement of adjudication decisions, including considering arguments for breach of natural justice, lack of jurisdiction and fraud.

Regularly represents parties and advises in adjudication proceedings in oral hearings and producing written submissions.

  • Acted as Junior Counsel to resist enforcement of an adjudication decision where the nomination was obtained by a very strong prima facie case of fraudulent misrepresentation (High Court (TCC) – Eurocom Ltd v Siemens plc).
  • Acted as Counsel seeking to resist enforcement on the basis of being residential occupiers (Howsons Ltd v Redfearn).
  • Instructed as Counsel in an adjudication over the criteria for Take-Over and Acceptance of a Biomass plant.
  • Acted and advised in numerous adjudications relating to payment notices and “smash and grab” adjudications and follow-up adjudications
  • Acted as Counsel in for a multinational engineering company defending a global claim for disruption damages and alleged repudiatory breach.
  • Acted as Counsel defending electrical engineering professionals in a £12m professional negligence adjudication concerning the installation and connection of solar panel farms at various locations in the South West of England.
Property
  • Acted, advised and drafted pleadings in cases and applications involving the Party Wall Act, nuisance, trespass and abatement of noise pollution.
  • Acted in an arbitration for a utilities company defending a claim under the Water Industry Act 1991 for alleged disruption to business.
  • Instructed to draft pleadings and appear at the CMC in a case concerning responsibility for maintaining rights of support