John Steel

John has acted as both sole and junior counsel in respect of a series of high value disputes in the energy sector. Highlights include:

• Acting as sole counsel for a major international engineering firm in adjudication proceedings regarding alleged defects in an energy facility with an ultimate claim value in excess of £1m. This has also involved advising and acting in respect of follow-on proceedings.

• Acting as junior counsel for the defendant in MW High Tech Projects UK Limited v Outotec (USA), recently securing the strike out of part of the claimant’s claim said to be worth in the region of £120m: MW v Outotec [2023] EWHC 2885 (TCC).

• Acting as junior counsel in international arbitration proceedings in a major dispute in the energy sector of the relevant jurisdiction. The claim value is in excess of £100m, and involves wide-ranging technical issues surround delay, termination and health & safety.

• Advising and acting as lead junior counsel for a major international engineering firm responding to an adjudication claim of circa £7m. The case involved in-depth expert evidence relating to a waste to energy plant. It resulted in success for the engineering firm, who received a net award of circa £1m in its favour. Also advising in the follow-on litigation strategy for the company.

John has extensive experience of construction and engineering disputes. Recent examples include:

• Acting as sole counsel for an insurer in respect of a subrogated claim worth in excess of £1m. This involved drafting pleadings and advising on a wide range of strategic issues.

• Acting for a main contractor responding to a circa £1m claim in adjudication proceedings. The dispute required detailed submissions on delay and the sequence of the works. It resulted in the Referring party withdrawing its Referral on receipt of the Response.

• Acting as sole counsel in the First Tier Tribunal for a major housebuilder in respect of proceedings under the Building Safety Act. The applicants sought a remediation contribution order.

• Acting for a main contractor responding to a circa £1m claim from a sub-contractor in adjudication proceedings. The dispute required detailed submissions on delay and sequencing and resulted in the Referring party withdrawing its Referral on receipt of the Response.

• Acting for and advising a firm of architects in a successful adjudication claim against a main contractor, following termination. This entailed detailed technical work with the client team. It resulted in a significant win for, and payment to (circa £200k), the architects.

• Acting in respect of matters involving questions of repudiatory breach, a number of which involved questions around the provisions of the NEC3 or JCT standard forms of contract.

• Acting on behalf of management companies advising them in respect of the Building Safety Act, its implications and ongoing remedial works.

John has appeared in the TCC in a number of matters. Select examples include:

• Appearing on behalf of a claimant in respect of the assessment of damages following default judgment obtaining an order for payment of circa £550,000.00.

• Acting in a number of Case Management conferences in a range of cases including professional negligence claims (involving directions for expert evidence) and wide-ranging defects claims with budgeting for multiple parties.

• Appearing on behalf of the responding party in an application for stay of proceedings following the issue of Pt 7 proceedings: RHP Merchants v Treforest [2021] EWHC B40 (TCC).

• Acting on behalf of a major national house builder in the TCC in order to obtain the strike out.

John acted to enforce adjudication decisions, both in the TCC and county court. Select examples include: Adjudication Enforcement:

• Acting to successfully enforce a decision involving a party in a CVA in Phelan v Elliots [2021] EWHC 428 (TCC)

• Acting to successfully enforce the decision involving questions around multiple contracts and breach of natural justice relating to the construction of Fulham FC’s Craven Cottage: DMD Environmental v Mitchell Demolition [2021] H20CL003.

John has also acted in both the First Tier Tribunal (Property) and County Court:

• Acting on behalf of a major developer in respect of a claim under the Building Safety Act. This involved an application for a building remediation order and obtaining directions for a preliminary issue.

• Acting on behalf of a major national infrastructure provider in respect of claims for damage to property.

John has acted in respect of a number of significant disputes in international arbitration proceedings. This has included:

• Acting as junior counsel in international arbitration proceedings in a major dispute in the energy sector of the relevant jurisdiction. The claim value is in excess of £100m, and involves wide-ranging technical issues surrounding delay, termination and health & safety.

• Assisting in drafting pleadings and taking witness statements in a major arbitration dispute relating to an infrastructure project in the Gulf.

• Instructed as junior counsel in respect of a ship-building dispute.

John acted as junior counsel in respect of the litigation between Siemens v HS2. This involved a number of interlocutory hearings involving questions of ‘knowledge’ for the purposes of  UCR 2016 application: [2022] EWHC 2451 (TCC) and expert evidence: [2022] EWHC 2190 (TCC) and multiple rounds of applications in order to obtain specific disclosure.

In addition to his work on Siemens v HS2, John has acted:

• As sole counsel to advise a contractor in respect of a potential challenge to the award of a contract under a framework agreement.

• Advising a contractor in respect of the provisions of an award of a contract for the refurbishment of housing stock.

• Assisting in preparing for a hearing involving an application for security for costs and an application to amend.

John has acted for firms of architects and design & build contractors in respect of claims involving allegations of negligence. In addition, John has undertaken work including:

• Acting as sole counsel on behalf of a housebuilder to advance allegations of professional negligence against architects and quantity surveyors.

• Advising a company in respect of a fire at a manufacturing unit. This entailed extensive review of the professional obligations owed by those who built, maintained or inspected the unit prior to the fire.

• Assisting in drafting particulars of claim against an architect as part of a major project to provide performing arts facilities.

• Assisting in advising a client on obtaining an injunction to prohibit solicitors acting for another party in adjudication proceedings. The advice, and subsequent hearing preparation, related to concurrent adjudication proceedings.

Recent examples of John’s work in respect of PFI & PPP includes:

• Acting on behalf of a private company engaged to act on behalf of NHS Trust in respect of a major claim against an FM contractor involving questions of termination, fire safety and deductions.

• Acting on behalf of an NHS trust in adjudication proceedings against an FM contractor.