Simon Hale

Simon has a leading practice in domestic and international construction matters.

He acts across the board for developers, contractors, sub-contractors and consultants, as well as banks and other funders/lenders. Simon is experienced in claims from highly specialised sectors such as aerospace, defence and healthcare (including PFI claims in the UK). He has particular specialist expertise in bond calls and project finance disputes, having acted in a number of leading cases relating to the enforcement of bonds (as well as dealing with such calls in an arbitral context).

Simon Hale is ranked in Chambers & Partners Global Guide, Chambers & Partners UK, and in the Legal 500 as a Leading Junior in Construction. Simon was nominated for Construction and Energy Junior of the Year 2020 and again in 2023 by the Legal 500.

Simon is a current member of the TECBAR Executive Committee.

The most recent directory feedback for Simon for construction work is:

• He really is an outstanding tactician and advocate
• Fantastic intellect and superbly attentive to detail. My first choice barrister. Prepared to challenge clients to get to the root of the facts. Extremely good working within a team and a brilliant and determined advocate
• Simon is extremely quick on his feet, and is quick to grasp complex legal issues. His advocacy is impressive and he is great at turning complicated legal issues into clear and logical submissions. He is an all-rounder who can be relied upon
• He’s a delight to work with, clients love him and his drafting and advocacy are top-notch
• Extremely methodical and exceptionally talented at distilling the issues amongst an ocean of information
• Very engaging and dedicated. He has good judgement and technical knowledge

Featured Construction & Engineering cases

Currently acting as lead counsel for the employer in a QICCA Rules arbitration, concerning an iconic high-profile development project in Qatar.

Currently acting as sole counsel in relation to delay claims and associated performance security issues arising from a £250m wind farm project (ICC Rules Arbitration).

Currently acting with Sean Brannigan KC on dispute over the construction of an FPSO unit, subsea infrastructure and an onshore base, for gas extraction in the Middle East, backed by a USD115M demand bond.

Sheffield Teaching Hospital Foundation Trust v (i) Hadfield Healthcare Partnerships Limited (ii) Kajima Construction Europe (UK) Limited (iii) Veolia Energy & Utility Services UK PLC [2023] EWHC 644 (TCC). With Fiona Sinclair KC, acted for the PFI SPV in successfully resisting summary judgment on various points of law including the scope of a contractor’s common law duty of care to prevent defects.

Avantage Cheshire Ltd and ors v WSP Ltd and ors [2023] EWHC 802 (TCC) (O’Farrell J). Applications to replace expert witnesses and consideration of conditions to be attached where permission given; assessment of the law on “expert shopping”

FK Construction Limited v ISG Retail Limited [2023] EWHC 1042 (TCC) (Smith J). Application to enforce adjudicator’s decision and consideration of the law on set off of decisions explained in HS Works Ltd v Enterprise Managed Services Ltd

Avantage Cheshire Ltd and ors v WSP Ltd and ors [2022] EWHC 171 (TCC). Simon acts as lead counsel on this £38M claim concerning the total destruction by fire of a large care home.  This recent and significant judgment of Smith J in the TCC addresses arguments that WSP neither owed nor assumed any duty of care in tort to the claimants; the Judge considered there was a real prospect of success of establishing the duty. However, the Court accepted Simon’s arguments that WSP could not be considered liable for physical damage to the property, rather than purely economic loss. This was a novel argument that would have had substantial implications for fire engineers and other similar professionals facing property damage claims.

As lead counsel, defending a Qatari bank against a claim for hundreds of millions of QAR, arising out of an important state project to develop improved accommodation for thousands of guest workers.

Shapoorji Pallonji & Company Private Ltd v Yumn Ltd & Standard Chartered Bank [2021] EWHC 862 (Comm) Simon appeared as sole counsel on behalf of the Employer, successfully resisting an injunction to restrain a USD 32.2M bond call pending ICC Emergency Arbitration proceedings. The underlying energy project is a USD 214M power station in Rwanda, East Africa.  The Contractor argued that a different test and lower threshold for interim injunctive relief should be applied by the High Court where the application was made under section 44 of the Arbitration Act 1996, in support of an ICC arbitration seated in Singapore (which would be the curial law). The Commercial Court accepted that elements of the legal framework were different where the application was made in support of arbitration, as opposed to an application made under section 37 of the Supreme Courts Act. However, it dismissed the Contractor’s application, upholding Simon’s case that applying English law principles governing the enforcement of demand bonds, none of the exceptions justifying intervention had been made out.

Currently acting as lead external counsel in a USD 100M ICC arbitration, arising from an energy project in Africa (Singapore seat).

Mott MacDonald v Trant Engineering Limited [2021] EWHC 754 (TCC), [2021] 3 WLUK 544. Dispute arising from engineering services on a military power station project in the Falkland Islands. Simon successfully obtained judgment in the TCC on the proper interpretation of various exclusion and limitation clauses. The successful result meant that the claims against Simon’s client, pleaded at £5M+ along with unlimited indemnities, are capped at a maximum aggregate recovery of £0.5M (the claims are denied). Interesting legal issue as whether the character of a breach as allegedly being fundamental, deliberate or wilful could affect the operation of the clauses.

Currently acting on various adjudications arising from a £300 million gas pipe project, with Sean Brannigan KC, Jonathan Lewis and Gideon Shirazi.

LSREF 3 Tigerfalkirk Limited I S.a.r.l v Paragon Building Consultancy Ltd [2021] EWHC 2063 (TCC). Claim relating to allegedly defective structural foundations of a shopping centre car park in Scotland. Simon successfully obtained declarations that the £10M claim form had not been properly served on solicitors within its period of validity, and successfully resisted a counter application seeking an order to validate service under CPR 6.15 or dispense with it under CPR 6.16. The case considered the impact on the service of a claim form of a Covid-19 working practices statement in an email footer that required service to be effected solely by email.

Leonardo SpA v Doha Bank Assurance Co LLC [2020] QIC (A) 1, on appeal from [2019] QIC (F) 6. Appeared as sole counsel in the Qatari QICDRC at first instance and on appeal for Leonardo SpA, a global leader in the aerospace, defence & security sectors. Simon successfully enforced two demand guarantees issued in respect of a major military project. The appeal judgment is now a leading international authority on the interpretation of the Uniform Rules for Demand Guarantees (URDG 758).

Blackpool Borough Council v Volkerfitzpatrick Ltd, Caunton Engineering Limited and ors [2020] EWHC 1523 (TCC). Simon appeared as sole counsel for the specialist steelworks subcontractor which had designed and supplied the structure of an electric tram depot. After a 5-week trial, Simon secured the complete dismissal of all claims against his client by the main contractor.  The case involved complex questions of interpretation of the main NEC3 design and build contract, of the scope of “design life” obligations, and of corrosion science that was the subject of extensive technical evidence.

Blackpool Borough Council v Volkerfitzpatrick Ltd, Caunton Engineering Limited and ors [2020] EWHC 387 (TCC). Interim application concerning conduct of expert witnesses and whether their impartiality had been compromised.

Acting as sole counsel in consolidated LCIA arbitrations arising from a FIDIC Silver Book contract to build a power station in China. Seat of arbitration: Hong Kong; parallel Dutch injunction proceedings.

Acting for a consultant in connection with the expansion of the Port of Takoradi in Ghana, bringing claims under an agreement that the consultant would provide an operator for the terminal, equipment supply for the terminal, and an EPC partner.

Premier Inn Hotels Limited v McAleer & Rushe Limited v (3) KTD Facades Limited (4) Urban Innovations Limited (5) Michael Slattery & Associates Fire Safety Engineers Limited (6) Bureau Veritas Building Control UK Limited, and other associated matters. Simon acts with Anneliese Day KC for the cladding subcontractors on these “Grenfell” cladding claims concerning a number of the Premier Inn group’s hotels nationwide. The first trial is listed for 5 weeks in January 2021.

Acting for a developer enforcing a performance bond guaranteeing a main contractor’s obligations on a mixed use development of student accommodation in Plymouth.

Successfully defended a developer’s “Grenfell” cladding claims in a heavy adjudication against a main contractor, following the regeneration of 9 tower blocks with a budget of more than £500m.

Mears Limited v (1) Costplan Services (South East) Limited (2) Plymouth (Notte Street) Limited (3) J.R. Pickstock Limited [2019] EWCA Civ 502; [2018] EWHC 3363 (TCC): Acted as sole counsel for the employer’s agent in a dispute over a £35M lease of a £16M block of 348 student flats in Plymouth. Important Court of Appeal authority addressing the concept of “practical completion”.

With Fiona Sinclair KC, defending a main contractor in adjudication proceedings concerning the visual appearance of rain-screen facades, on a flagship development for a global media company.

Carillion Construction Limited v (1) Woods Bagot Europe Limited (2) AECOM Limited (3) EMCOR Engineering Services Limited (4) EMCOR (UK) Limited) [2017] EWCA Civ 65; [2016] EWHC 905 (TCC). Acting for EMCOR on a main contractor’s delay and defects claim, and pursuing EMCOR’s counterclaims for extension of time and £millions of loss and expense. This high-profile litigation arose from the construction of the Rolls Building, now home to the Commercial Court, the TCC and much of the Chancery Division.

As sole counsel, advising on English law principles in the Bahamas, in a dispute arising from fraudulent misrepresentations about the quantities of materials and labour required for a residential project.