Tom Owen KC

Tom Owen KC is often Counsel of choice for heavy and complex High Court trials.  Tom is known particularly for his meticulous case preparation and for his cross-examination.

Examples of past-listed and future-listed trials include:

• 12 week trial: professional negligence claim against cost consultants and others.

• 4 week trial: alleged mechanical defects at an iconic central London property.

• 4 week trial: alleged fire-safety defects at substantial residential tower blocks.

• 3 week trial: termination and delay dispute concerning a power plant.

• 2 week trial: defects dispute concerning a football stadium.

• 1 week trial: defending a claim under the Defective Premises Act 1972.

• 2 day Part 8 trial: income sharing arrangements in a waste management project.

Tom Owen KC appears regularly in substantial interim hearings in the High Court.  He is highly experienced in appearing before a range of Judges on legally complex, sensitive and substantial hearings.  Recent work includes:

Injunctions:

• To injunct the withdrawal of a call on a bond and/or to preclude the bank from paying.

• Resisting relief seeking to forbid a contractor accessing site.

• Seeking relief to exclude a contractor from a substantial Grade I site.

Summary judgment and/or strike out:

• Resisting summary judgment sought by an insolvent party in a CVA.

• Various high-value adjudication enforcements.

• Strike out of Part 8 and Part 7 statements of case.

Jurisdictional challenges:

• Part 11 jurisdictional challenges: seeking and resisting.  A recent example concerned the legal effect of stays on taking the relevant step to serve proceedings, and of the late filing by the Defendant of the AOS.

• Section 9 Arbitration Act 1996 stay: seeking relief to stay proceedings to arbitration.

Limitation and substitution:

• Substitution of the core Defendant post-expiry of limitation.

• Amendments after expiry of the primary limitation period.

Case-management orders, applying for and resisting:

• Preliminary issues trials.

• Security for costs.

• Pre-action and specific disclosure, and disclosure guidance.

• Consolidation and trial together.

• Transfer between divisions.

• Part 18 orders for further information.

Tom Owen KC conducts appeals in the Supreme Court and in the Court of Appeal.

In the Supreme Court Tom appeared recently for the Respondent in Simply Construct v Abbey Healthcare, having previously appealed successfully to the Court of Appeal.

Tom has appeared in Court of Appeal on many occasions.  Recent examples include:

• Whether a collateral warranty is a construction contract for the purposes of Part II of the Housing Grants, Construction and Regeneration Act 1996.

• Whether, in a hybrid contract, for the purpose of section 111 of the Housing Grants, Construction and Regeneration Act 1996, a payment notice must identify the sum due in respect of construction operations separately from any non-construction or excluded operations.

• Whether a CPR Part 15 Defence is required to resist enforcement proceedings by summary judgment under CPR Part 24 for fraud.

• Whether an exemption clause “liability for any claim in relation to asbestos is  excluded” barred the claims.

• Whether amendments after expiry of the limitation period were permissible, and whether a “new claim” under section 35 of the Limitation Act 1980 and CPR r.17.4.

Tom Owen KC leads large teams in international arbitrations.  Tom has appeared before a number of retired appellate justices and High Court judges.  Recent cases include:

• 3 week ICC arbitration concerning a solar PV project.

• 1 week LCIA arbitration concerning civil fraud in respect of a London development.

• 1 week AASA arbitration concerning a power station.

• 1 week hearing concerning a food production facility.

Tom Owen KC has led some of the most substantial and high-profile cases in the TCC in recent times. Recent work includes:

• £100m proceedings concerning a mixed-use retail development.

• £60m proceedings concerning alleged defects at a residential development.

• £50m proceedings concerning alleged defects at a hospital.

• £20m proceedings concerning alleged defects in car parking facilities.

• £10m proceedings concerning alleged defects in care home facilities.

Tom Owen KC is highly experienced in energy disputes in the UK and internationally.  Recent work includes:

• Nuclear: standing Counsel to the Employer at Hinkley Point C.

• Energy-from-waste: acted for the Main Contractor in a final account dispute.

• Wind: acted for the Employer in an offshore windfarm project.

• Solar PV: acted for the Contractor in a termination dispute.

• Biomass: acted for the Main Contractor in a termination dispute.

• Coal: acted for the Main Contractor in various defects and delay disputes.

• Oil: acted for the Contractor in proceedings concerning bridge-linked oil platforms.

• Gas: acted for the Company in a natural gas pipeline project.

Tom Owen KC defends and pursues claims against construction and associated professionals.  Recent work includes:

• Approved Inspectors: acted for and against in respect of building safety claims.

• Architects: acted for and against, particularly in relation to building safety claims.

• Project Managers: acted against in respect of negligent costs-control advice.  Acted for in relation to building safety claims.

• Clerk of Works: acted against in respect of inspection and building safety claims.

• Quantity Surveyors: acted against in relation to negligent feasibility and costs advice.  Acted for in respect of negligent certification.

• Monitoring Surveyors: acted against in respect of large funded developments.

• Cost consultants: acted against in respect of negligent estimation and viability claims.

• Mechanical engineers: acted against in respect of negligent design.

• Electrical engineers: acted for in respect of design advice.

• Structural engineers: acted for in respect of foundations designs.

• Acoustic engineers: acted against in respect of disputes concerning sound attenuation and acoustic separation.

Tom Owen KC has substantial experience in the infrastructure and utilities sectors.  Recent work includes:

• Airports: acted in respect of a Joint Venture fit-out of a major international airport.

• Roads: acted in respect of road and infrastructure works at the Olympic Park.

• Rail: acted in respect of rail repair and maintenance works.

• Grid: acted in respect of defective connection works.

• Flooding: acted for the contractor in respect of flood defence systems.

• Defence and security: acted in respect of various projects.

Tom Owen KC advises and acts in relation to offshore and marine projects, in addition to his energy practice. Recent work includes:

• Acted in a claim concerning infrastructure between oil drilling rigs.

• Acted in a dispute concerning a substantial commercial port.

• Advised in respect of non-assignment provisions in an offshore drilling rig contract.

• Acted for the Company in a dispute concerning offshore heavy lifting vessels.

• Acted for the Contractor in respect of defective installation of a subsea dynamic umbilical cable at a floating production storage and offloading vessel (FPSO).

Tom Owen KC frequently acts for Authorities, Project Co, Contractors and Funders in respect of high-profile and complex PFI disputes.  Recent work includes:

• Hospitals: acted for various parties, e.g. on payment and termination disputes.

• Schools: acted for various parties, e.g. on defects, utilities benchmarking and termination disputes.

• Leisure facilities: acted for the Contractor on the construction of pool and leisure complexes.

• Police facilities: acted in relation to termination and defects disputes.

• Prison facilities: acted in relation to defects disputes.

Tom Owen KC advises and acts in a range of IT and technology disputes.  Recent work includes:

• Software: acted in a software dispute concerning flight training facilities.

• Hardware: advised in a software and hardware dispute concerning GPS tracking.

• Websites: acted for a leading advertising agency in respect of updates to its website.

• Electronics: acted in a dispute concerning the supply and transport of such high voltage switchgear and associated electronics.

• Satellites: advised in relation to distribution agreements for antennae.

Tom Owen KC has experience in defending criminal and regulatory proceedings in the construction and related sectors. Recent work includes:

• Successful acquittal of the Defendant in a criminal prosecution of a national housebuilder for health and safety charges on a construction site.

• Acted in injunctive proceedings concerning liability under the Health and Safety at Work Act, Control of Substances Hazardous to Health Regulations, Control of Asbestos Regulations and Construction (Design and Management) Regulations.

• Advised in respect of a criminal prosecution for offences at a construction site under the Highways Act 1980.