Daniel Atkinson Limited 

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P.O. Box LB 1466     London W1A 9LB    England

Tel: +44 (0) 1689 819 381    Fax: +44 (0) 1689 811 583  Email:daniel@atkinson-law.com

Daniel Atkinson BSc(Hons) LLB (Hons) CEng FICE FCIArb DipICArb

Barrister (non-practising) Advocate, Adjudicator, Arbitrator, CEDR Registered Mediator, Engineer

 

Disputes Resolution CV

 

Arbitration                 Adjudication                Mediation               Legal Opinions        Contractual Resolution

 

ARBITRATIONS

Advocate in a UK arbitration under the Arbitration Act 1996 for professional negligence, relating to a building dispute settled successfully.

Legal Adviser in the preparation of a claim for termination of a project in Europe for a chemical production plant and advising and assisting local Advocate in Arbitration.

Advocate with conduct of the international case directing a team of six professionals on the preparation of a professional negligence claim for US$85 million for an Far Eastern Contractor on design and advice by a US Consultant in relation to a post-tensioned segmental box girder bridge of varying profile constructed on piles and located on the Indian continent. Directing experts, instructing Counsel both in the UK and in the USA and on the Indian continent and under ICC Arbitration rules. It also involved giving advice on insurance policies and Letters of Credit.  Settled successfully.

Advocate in an international arbitration under UNCITRAL Rules with the seat of the arbitration in Switzerland, relating to an LNG Plant in Africa and the drilling of deep water wells, including drafting of pleadings, preparation of further and better particulars, preparation of witnesses of fact leading to successful settlement.

Advocate in an arbitration relating to construction of coastal protection works, including drafting of pleadings, preparation of witnesses of fact and expert witnesses and examination and re-examination of witnesses in the hearing leading to successful settlement.

Advocate and conduct of the case on the defence in an international arbitration on a road project in Belarus Leading a team of eight professionals and preparing Instructions for Counsel in an ICC Arbitration with the seat of arbitration in France. Headed negotiations as advocate which led to a successful settlement.

Managed the conduct of the defence in arbitration involving four professionals on a £20 million shopping centre for a development corporation concerning a design and construction form of contract involving £7 million in dispute using direct professional access to Counsel. Secured a successful settlement for the client before hearing.

ADJUDICATION

Adjudicator on six adjudications.  Committee member of the ICE Adjudication and conciliation Committee

Legal Representative in numerous adjudications

Supervision of over 30 Adjudications, including acting as advocate at a number of hearings.

MEDIATION

Mr Atkinson has been involved in six mediations, in UK and in US.  He has acted as assistant Mediator as well as  legal representative.  Mr Atkinson is a CEDR Registered Mediator.

CONTRACTUAL RESOLUTION

Conduct of a UK case relating to a dispute on the construction of an Hospital and acting as advocate in negotiations and continuing.

Advocate and conduct of the case in an international engineering dispute, directing a team of four professionals in Germany in the preparation of a claim for DM30 million in relating to the construction of LNG Tanks constructed in rock and designed to function after seismic loadings and involving foreign law. The preparation of the claim involved understanding the principles of seismic design and assisting the designers in preparing analysis to explain the development of the LNG Tanks, interviewing of engineers in Greece to record the progress of the construction works and working as a liaison with the foreign advocate in the preparation of Statement of Case and advising on strategies.

Lawyer heading a team of six professionals examining the causes of failure of a cofferdam in UK, examining the analysis prepared by Geotechnical experts and directing further analysis. This consisted of interviewing site engineers to establish sequence of events and advising Directors of potential liability. Led negotiations as advocate which culminated in a successful settlement.

Lawyer directing a team of three professionals on the preparation of a claim for £4m on an international dispute relating to the manufacture of two tunnel boring machines. This involved the interview of engineers in Germany and the Far East and an understanding of the manufacture process and the ground conditions encountered. Acted as a liaison with the French advocate leading to a successful settlement.

Directing a team of five professionals on the preparation of a claim for £1m on the design and construction of a pharmaceuticals process plant, involving an understanding of the process, the difficulties of construction and the design process. Advised on strategies to be adopted and prepared Instructions for Counsel and led negotiations to successful settlement.

Directed a team of four professionals with a further six client engineers on the preparation of a $35 million international dispute involving foreign law on a contract for the design and manufacture of mechanical electrical and electronic tunnelling equipment, including an EPB TBM totalling $40 million. The preparation involved understanding the technical nature of designing and manufacturing tunnel boring machines and the operation of the clients business, the operation of the machines at site and the ground conditions encountered. Prepared claim submission for variations and delays and defended a claim of £80 million from the contracting consortium. As English advocate, assisted foreign advocate in the preparation of the Statement of Case for the arbitration in Denmark and assisted the Scots advocates in the court action. Advised on actions under European Law. Prevented $15 million bonds being drawn by the consortium, and led the negotiations as advocate in Switzerland and Denmark which culminated in a successful settlement to the dispute.

Directed a team of three professionals on the preparation of a claim for £2m for piling works to a railway bridge. This involved directing the analysis of the pile design and site investigation to establish a claim of impossibility under Clause 13 of the ICE 5 Edition and unforeseen ground conditions under Clause 12. Assisted the Scottish advocate on the preparation of Statement of Case and subsequently in arbitration.

Prepared a £4 million claim for a world leading electronics company for a radio system in an international tunnel contract involving foreign law. The dispute required technical understanding of the function of the radio systems as well as the design, manufacture and installations processes involved. Led negotiations as advocate which culminated in a successful settlement.

Directed the investigation of the potential liability of an Employer under ICE 6 Edition (amended) on a large power station in anticipation of claims of the order of £20m. Managed a team of six professionals including two engineers on the preparation of the technical and legal analysis of issues, preparation of the as-built programme and advised on settlement levels. In addition, personally investigated piling issues involving the analysis of site investigation reports, consulting engineer reports and two expert reports prepared in anticipation of litigation and the examination of piling records to establish whether preboring was required. Advised Managing Director and in-house lawyers directly of potential liability. Subsequently advised the Engineer under the contract on dealing with contractor claims and advised on Clause 66 Requests for a Decision involving both contractual, technical and procedural matters.

Advised a contractor on six Water Treatment Plants on IChemE Red Book and led a team of six professionals on the preparation of claims, including directing engineers on the design analysis required in relation to the adequacy of design. Advised settlement levels with both sub-contractors and Purchasers.

Preparation of a claim under FCEC blue form of sub-contract for piling works of value £2m, using spreadsheet diagnostic technology based on piling records. Directed sub-contractor’s piling experts on the analysis required and examination of the resultant analysis of ultimate load capacity and founding levels for the specified working loads, including directing analysis to be carried out. Subsequently prepared opinions on ensuing steps in disputes resolution, which led to a successful settlement.

The defence of a claim on a large petro-chemical plant, including the analysis of the large volume of test-pack information using spreadsheets design specifically. Set up and managed the system for database tracking of correspondence. Prepared analysis of legal issues related to quantum of damages for settled claims. This approach allowed the true value of the claim to be quickly evaluated and led to a successful settlement.

Directed a team of three professionals on a £30 million dispute involving a major development on a management form of contract with a national management contractor. The preparation of extension of time claims allowed the contractor to receive an award of £12 million in the subsequent arbitration.

LEGAL OPINIONS

Mr Atkinson has given many legal opinions on construction related issues, for projects as diverse as civil engineering, buildings, petrochemical and pharmaceutical works and on all standard forms and many bespoke contract conditions.

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