Fiona Sinclair KC

Fiona has extensive experience of very substantial energy, construction and infrastructure disputes, often with an international dimension, typically involving complex technical and/or financial evidence and frequently arising out of PFI schemes. She is familiar with the principal domestic and international standard contract forms, and with the rules of the major arbitral institutions. With colleagues at 4 Pump Court, Fiona developed and delivered a 2-day course on international arbitration to Chinese lawyers in Shanghai and Beijing.

Fiona has the distinction of being the only member of the Bar to appear in both of the cases on construction adjudication which have reached the UK Supreme Court since construction adjudication was introduced in the UK. In 2015, she appeared for the successful respondent in Aspect v Higgins, where the Supreme Court addressed the interface between adjudication and the law of limitation (via restitution, the inherent jurisdiction, and the declaratory jurisdiction). In 2020 she appeared in Bresco v Lonsdale, where the Court examined the interface between construction adjudication and the insolvency regime and confirmed adjudication as a dispute resolution mechanism of utility to all.

Featured Construction & Engineering cases

Acting for an international insurance company in the defence of a £130M fraud claim relating to the issue of building warranty insurances (Curtiss v Zurich Insurance, 2022).

Acting in arbitration for an international multi-disciplinary consultancy in its delay and expense claim relating to the development of a new metro train line in the Middle East.

Defending a fraud claim against a contractor relating to the development of a £175M private dwelling.

Acting for the main design/build contractor in a dispute with an NHS trust, ProjectCo and the FM contractor under a PFI scheme for the construction/redevelopment of two hospitals. Issues included alleged defects and the interpretation of a settlement agreement between the principal project participants.

Acting for the same design/build contractor in a related claim against its architects.

Acting for the main design/build/FM contractors in a £150M dispute with a local authority and ProjectCo under a PFI scheme for the refurbishment of a residential estate comprising numerous tower blocks. The dispute involves 9 parties and contracts of unusual complexity. Believed to be the largest civil case so far generated by the use of ‘Grenfell Tower-type’ cladding on high-rise buildings. (Fiona has been instructed on disputes of this nature with total value c.£400M.)

Acting for a main design/build contractor in disputes with an NHS trust and ProjectCo arising from the redevelopment under a hospital PFI scheme, and for the same contractor in related claims against its supply chain.

Defending architects against a PFI developer’s claim relating to the design and construction of education buildings.

Appearing for the respondent in the Supreme Court in Bresco Electrical Services Ltd (in Liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 concerning insolvency in the context of construction adjudication (hearing April 2020).

Acting for a US building contractor in an international arbitration concerning the redevelopment of a Caribbean island.

Acting for Hong Kong developer of £1bn landmark London development in damages claim against asbestos contractor.

Acting for the successful respondent in Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865, an appeal concerning the proper role of claims consultants in construction litigation.

Acting for design/build contractor in 7-party litigation following subsidence of a distribution centre (unusual technical complexity: 17 experts).

Acting for the respondent in Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2015] UKSC 38, a landmark case addressing the interplay between construction adjudication, limitation, negative declarations and unjust enrichment. Fiona succeeded for her clients in the Court of Appeal and in the Supreme Court.

Advising international investors in connection with a South East Asian bridge-building programme.

Advising the EPC contractor in a dispute concerning the development of an oil field in Abu Dhabi.

Defending a design/build contractor in ‘upstream’ and ‘downstream’ disputes relating to innovative cladding on a broadcaster’s flagship building.

Defending cladding engineers on a claim in connection with Bloomberg’s flagship building (despite a contractual prohibition on proceedings more than 12 years after practical completion, Fiona persuaded the Court that s.1(3) of the Civil Liability (Contribution) Act 1978 meant that contribution claims made later could still succeed): Bloomberg LP v Sandberg LLP & Buro Happold LLP [2016] 1 BLR 72.

Acting for a main design/build contractor in ‘upstream’ and ‘downstream’ disputes arising from an allegedly defective warehouse/distribution centre: Co-operative Group Ltd v Birse Developments Ltd (and Others) [2012] EWHC 3060 (TCC), [2013] EWCA Civ 474, [2013] EWHC 1790 (TCC), [2013] EWHC 3100 (TCC), [2013] 3145 (TCC).

Acting for a metro-train manufacturer in an international conciliation and arbitration relating to the upgrading of the London Underground. The dispute involved unusually high levels of legal and technical complexity; new scientific developments were achieved during its investigation and presentation.