James Frampton

James has experience of the whole range of construction related disputes including claims for defective workmanship or design, delay, variations, termination and final accounts.

James’ recent domestic work includes:

• Acting for the defendant in Martlet Homes Limited v Mulalley & Co Limited [2022] EWHC 1813 (TCC). The first fire-safety cladding case to be tried in the TCC since the Grenfell Tower.

• Acting for the claimant in Dr Jones Yeovil Limited v The Stepping Stone Group Limited [2020] EWHC 2308 (TCC). Following a 7 day trial in the High Court, heard remotely by Zoom, James’ client was successful in recovering its retention and defeating the counterclaim of over £240,000 raised by the employer for alleged defects in full.

• Acting for the successful Claimant/Applicant in Wilson and Sharp Investments Ltd v Falmouth Property Investments Ltd [2019] 1 WLUK 533 securing summary judgment against a £1million set-off/counterclaim for misrepresentation in the High Court (KBD).

• Acting as junior counsel for a local authority in respect of cladding and fire-stopping issues under a PFI contract in a housing block.

• Representing the successful Claimant in a two-day domestic arbitration hearing in relation to defective groundworks.

• Acting, as junior counsel to Sam Townend and unled, in various proceedings involving the National Housing Building Counsel (NHBC), the market leading insurer of new and refurbished residential properties in the UK.

• Representing (as sole counsel) the successful applicant for a final charging order in the High Court (TCC).

James is regularly instructed as junior counsel on substantial international arbitrations concerning construction and energy projects throughout the world, including:

• Acting (as junior counsel) to Simon Hughes KC in an arbitration concerning a sewage treatment plant in Qatar.

• Acting (as junior counsel to Simon Hughes KC and Vince Moran KC respectively) for a main contractor of two power stations in South Africa in two separate ongoing arbitrations and two separate dispute boards concerning different subcontracts

• Acted (as junior counsel to Richard Harding KC) in an ADCCAC final account arbitration concerning an international airport in the UAE.

• Acting (as junior counsel to Simon Hughes KC) in a 5 week SIAC arbitration under the UNCITRAL rules for a very substantial dispute concerning an iron-ore mine in Western Australia. The governing law was the law of Western Australia.

• Representing (as junior counsel to Simon Hughes KC) a Korean joint venture in a $500 million dispute, under the LCIA rules, about a power station in the Middle East.

• Acting (as junior counsel to Marcus Taverner KC) for the developer of a skyscraper in Dubai in a DIAC arbitration.

• Representing (with Sam Townend KC) an Eastern European state entity in an ICC Arbitration concerning an infrastructure project funded by the World Bank.

James is regularly instructed on public procurement disputes, including acting as Junior Counsel to Sarah Hannaford KC and Simon Taylor.

James’ recent cases include:

• Acting as Junior Counsel for the Cabinet Office on Module 5 (Procurement) of the Covid Inquiry.

• Acting (as junior counsel to Sarah Hannaford KC) for an unsuccessful bidder in a challenge to a procurement of health care services in prisons (Practice Plus Group Health and Rehabilitation Services Ltd v NHS Commissioning Board [2022] EWHC 2082 (TCC).)

• Acting (as sole counsel) for the unsuccessful bidder in challenging a procurement for an ambulance contract in London.

• Acting (as junior counsel to Sarah Hannaford KC) for an unsuccessful bidder in a challenge to the procurement of a major infrastructure project in London.

• Acting (as sole counsel) for a bidder which had been disqualified from a procurement. The procurement was restarted following the service of Particulars of Claim drafted by James. Acting (as junior counsel to Sarah Hannaford KC) for the unsuccessful bidder in a procurement for signaling works on the East Coast Main Line (Alstom Transport UK Ltd v Network Rail Infrastructure Ltd [2019] EWHC 3585 (TCC)).

• Acting (as junior counsel to Sarah Hannaford KC) for the MOD in a challenge to the procurement of a fire and rescue contract.

• Acting (as junior counsel to Sarah Hannaford KC) for an unsuccessful bidder in a challenge to the procurement of a rail infrastructure project Alstom Transport UK Ltd v Network Rail Infrastructure Ltd [2019] EWHC 3585 (TCC).

• Acting (with Simon Taylor) for an unsuccessful bidder in a challenge to the procurement of a naval gun system.

• Acting (with Simon Taylor) for an unsuccessful bidder in a challenge to the procurement of an adult education and training service.

James regularly appears as an advocate in the High Court and has appeared unled in the Court of Appeal.

His recent experience includes:

• Acting for the successful claimant enforcing an adjudicator’s decision in Van Elle v Keynvor Morlift Ltd [2023] EWHC 3137 (TCC). This case involved a novel and difficult issue as to the scope of England under the HGCRA.

• Appearing unled in the Court of Appeal in 2023 in A&V Building Solutions v J & B Hopkins [2023] EWCA Civ 54 which is now the leading case on how Part 8 claims can be used in response to adjudicator’s decisions.

• Acting for the successful defendant resisting a claim that an adjudicator acted in breach of natural justice in Manor Co-Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC).

• Acting for the claimant in Dr Jones Yeovil Limited v The Stepping Stone Group Limited [2020] EWHC 2308 (TCC). Following a 7 day trial in the High Court, heard remotely by Zoom, James’ client was successful in recovering its retention and defeating the counterclaim of over £240,000 raised by the employer for alleged defects in full.

• Acting for the successful applicant for summary judgment on a set-off/counterclaim for misrepresentation in the High Court (KBD); Wilson and Sharp Investments Ltd v Falmouth Property Investments Ltd [2019] 1 WLUK 533.

• Representing the successful Claimant in a two-day domestic arbitration concerning defective groundworks.

• Representing the successful Claimant in adjudication enforcement proceedings concerning allegations of fraud; Assesmont Ltd v Brookvex IMS Ltd [2018] EWHC 2629 (TCC).

• Appearing for the successful Claimant in a one-day fast track trial on whether payments for VAT were due under a building contract.

• Representing the successful applicant for a Final Charging Order in the High Court (TCC).

• Acting for the successful applicant for an order for specific disclosure in respect of a claim for waste removal.

• Acting for the successful respondent to a summary judgment application concerning a “battle-of-forms”.

James is frequently instructed to act for parties during adjudications and on enforcement in the High Court. His recent work includes:

• Acting for the successful claimant enforcing an adjudicator’s decision in Van Elle v Keynvor Morlift Ltd [2023] EWHC 3137 (TCC). This case involved a novel and difficult issue as to the scope of England under the HGCRA.

• Acting for the successful claimant who enforced an adjudicator’s decision despite being dormant in WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278 (TCC).

• Acting in various enforcement and other adjudication related hearings in the ongoing disputes between J&B Hopkins and A&V Building Solution Ltd ([2023] EWHC 1483 (TCC), [2023] EWHC 2475 (TCC),  [2023] EWHC 2576 (TCC) , [2023] EWHC 301 (TCC), [2023] EWCA Civ 54

• Appearing for the successful Claimant in proceedings to enforce four adjudication decisions, raising issues of whether a dispute had crystallised, waiver and severance; LJH Paving v Meeres Civil Engineering Ltd [2019] EWHC 2601 (TCC).

• Appearing for the successful Claimant in adjudication enforcement proceedings concerning the residential occupiers’ exception; Howsons Ltd v Redfearns [2019] EWHC 2540 (TCC).

• Appearing for the successful Claimant in adjudication enforcement proceedings concerning allegations of fraud; Assesmont Ltd v Brookvex IMS Ltd [2018] EWHC 2629 (TCC).

• Acting for a successful responding party to a “smash-and-grab” payment notice dispute. The adjudicator accepted James’ written submissions that the contract was a hybrid contract and as a result the alleged payment notice was ineffective.

• Acting for a local authority in a multi-million adjudication in respect of the pain-gain mechanism in an NEC3 contract.

• Advising successful parties and unsuccessful parties to adjudication on whether to issue or resist enforcement proceedings.

• Advising an international contractor in respect of a call on an on-demand bond.

• Acted for the joint venture contractor (led by Adam Constable KC, now Mr Justice Constable) in an adjudication, worth circa £12m, in relation to an ongoing major infrastructure project in London.

• Representing (as sole counsel) a major telecommunications provider in numerous County Court claims.

• Drafting a Defence in a dispute between telecommunications providers concerning the decommissioning of a mobile switching centre.

• Preparing adjudication proceedings (settled before service of the notice) concerning a rail infrastructure development for a major multi-national engineering consultancy.

• Acting, as Junior Counsel to Sarah Hannaford KC, for the claimant in a claim in the High Court (TCC) involving a defective IT system and public procurement issues.

• Acting (as junior counsel) for a local authority in proceedings concerning cladding and fire-stopping issues under a PFI contract in a housing block.

• Acting for the claimant contractor in ongoing proceedings in the High Court (TCC) seeking a contribution from the architect and clerk of works in respect of a residential development in London.

• Acting for the fourth party architect in ongoing proceedings in the High Court (TCC)

• Advising and representing architects in Architect Review Board professional discipline procedures.

• Representing the Claimant in a claim in the High Court (TCC) concerning a Professional Consultant’s Certificate.

• Acting for a home-owner in a claim against an architect concerning the negligent design of foundations for a domestic dwelling.

• Acting for a developer in a claim for negligence against a contractor administrator of a JCT contract.

James has experience of acting for the Appellant and the Respondent to appeals to awards under the Party Wall etc. Act 1996, including acting for the successful appellant to a party wall award in Thomas Ash v Shayne Trimnell-Ritchard (Central London County Court, 2020).