International In-house Counsel Journal

Cash is King in the UK Construction Industry

Contract Construction Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct Anthony Philpott

The coronation of the King has long since passed and all celebrations are complete but in these straightened times cash is still the undisputed king in the UK construction industry....Read more

He Who Pays The Piper – The Independence of Experts in UK Construction Disputes and Civil Procedure Rule 35

Expert Witness Construction Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct Anthony Philpott

After a criminal fraud trial over carbon credits collapsed and was abandoned in 2019, because an expert witness had no expertise and no qualifications, the Law Society Gazette announced on...Read more

Staying the Court Enforcement of a UK Construction Adjudication on the Grounds of Fraud, Where There are Company Voluntary Arrangements or Where There is Insolvency

Arbitration Construction Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct Anthony Philpott

The introduction of Alternative Dispute Resolution in the form of Adjudication to resolve construction disputes in the United Kingdom was meant to allow for unpaid building contractors and sub-contractors to...Read more

The Consequences of Part 36 Offers in Civil Litigation

Litigation Construction Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct Anthony Philpott

A major tactic to be employed by either party in settlement of civil litigation is the use of what is known as the Part 36 offer. This is a means...Read more

The Operation of Adjudication and Litigation in Construction Disputes in the UK

Arbitration Construction Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct Anthony Philpott

This article observes the recent operation of Alternative Dispute Resolution, in the form of Adjudication, and Litigation in the civil courts in deciding construction disputes in the UK, including: (i) recent cases...Read more

Alternative Dispute Resolution - The Preferred Option In The UK Construction Industry

Arbitration Construction Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct Anthony Philpott

Alternative Dispute Resolution in its various forms is the preferred option for resolving disputes in the UK Construction Industry and Adjudication in particular brings a swift outcome to the parties....Read more

The independence of the in house lawyer - a warning from history

Management Construction Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct Anthony Philpott

I recall that my strict adherence to Solicitors Code of Conduct by describing my employers as “my client” , in the conduct of written correspondence on behalf of my employers,...Read more

Anthony Philpott

Barrister, Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct , UK

Anthony Philpott is a Construction Lawyer and is practising Barrister, sole practitioner and litigator under the name of AP Legal Direct. He conducts Adjudications, Arbitrations and litigation with success for Building Employers, Developers, Contractors and Sub-Contractors.. He has the MSc in Construction Law and Arbitration from King’s College London and he is a member of the Chartered Institute of Arbitrators. He spent more than ten years as Legal Counsel with Bovis Lend Lease a construction and project management multi-national where he advised on and negotiated every type of construction contract and represented the company on major projects and disputes including multi-million pound construction litigation. He is dual qualified as a Solicitor (non-practising) and Barrister (practising and authorised to conduct litigation). He has the following experience in Construction contracts and disputes: • In depth knowledge of every form of standard building contract • Advised on tender documents and terms and conditions and drafted amendments over many years • Advised on all associated contract documents of bonds, guarantees, collateral warranties, novation agreements and consultants’ appointments • Negotiated with leading city law firms on every type of building contract • Particular knowledge and experience of negotiation and drafting of Private Finance Initiative Hospital projects and Building Schools for the Future Facilities (BSF) Management contracts • Comprehensive knowledge of all Private Finance Initiative contractual documents • Drafted, negotiated and advised upon Facilities Management BSF contracts and Medical Equipment contracts and sub-contracts with suppliers on three major hospital projects at Havering and Roehampton in London and Leeds Oncology and Building Schools for the Future. • Comprehensive knowledge and experience of ADR in construction Adjudications, Arbitrations and Mediations • Conducted adjudications against leading London city construction law firms in submitting Notice of Intention to Adjudicate and Referral Notices, conducting arguments over jurisdiction of the adjudicator and natural justice legal and contractual arguments in general • Drafting of pleadings, court and Alternative Disputes Resolution documents • Conducted litigation in the Court of Appeal, High Court (including in the enforcement of Adjudicator’s decision in the Technology and Construction Contracts Court) • Comprehensive knowledge and experience of Housing Grants Construction and Regeneration Act 1996 as amended and case law on enforcement of Adjudicators’ decisions in the Technology and Construction Contracts. .* He has conducted and succeeded in Arbitrations for building contractors