Adam Walton
Call: 2021
Clerk Details
Practice Summary
Adam Walton specialises in domestic and international construction, engineering, energy, and professional negligence disputes. He accepts instructions to advise, draft, and provide representation at all stages of litigation or other dispute resolution process. Unusually for his year of call, a significant majority of Adam’s work is as sole counsel and many of his instructions come to him either as a product of his reputation or on a repeat basis.
Notable experience as sole counsel includes:
- Several High Court applications in both the TCC and the Chancery Division.
- Acting for a multinational cladding manufacturer in ongoing High Court (TCC) proceedings, which relate to alleged defects on a large infrastructure project in Dubai.
- Providing ongoing strategic advice to a local council in relation to a high value dispute arising out of the 2016 JCT Measured Term.
- Several County Court trials and applications.
- Defending a surveying firm in an adjudication, which raised issues of assignment, transferred loss, reasonable settlement, and professional negligence.
- Providing advice to an Employer in relation to a payment dispute and attending the subsequent mediation, at which the case settled.
- Acting for a large multinational corporation in ongoing High Court (Ch) proceedings against an insolvent contractor and its administrators.
Notable experience as junior counsel includes:
- Acting as junior counsel to Paul Bury in two ongoing High Court (TCC) claims, which arise out of out of one of the largest development projects in Europe: one being a complex final account dispute, the other concerning an adjudication enforcement and related Part 8 proceedings.
- Acting as junior to counsel to Brenna Conroy in an ongoing multi-party claim which relates to defective work on a substantial Government-led development project.
- Acting as part of the counsel team led by Simon Hughes KC on a £400 million ICC Arbitration concerning a project in the Middle East.
- Acting as junior counsel to Charlie Thompson in two ongoing High Court (TCC) claims: one concerning the defective design and installation of a substructure, the other raising novel issues of deceit and misrepresentation.
- Providing advice to an Employer in relation to a number of complex issues arising out of a £30 million residential development project. One such issue was the interaction between the suspension and termination provisions of the JCT 2016 Design and Build in circumstances where the works have been delayed by external and uncontrollable events.
In addition to having worked with the JCT standard forms on numerous occasions, Adam has also worked with a wide variety of other standard form contracts, including the NEC and FIDIC, as well as bespoke construction contracts, insurance contracts, guarantees, and bonds.
Prior to joining Keating, Adam worked at the Law Commission of England and Wales as a Research Assistant and at the Court of Appeal as Lord Justice Coulson’s Judicial Assistant. Whilst working as a Judicial Assistant, Adam’s work was consistently lauded by members of the Court of Appeal for its quality and clarity; Lord Justice Coulson notably describing him as “incredibly clever” and “exceptionally good at identifying the issues at the heart of a case”.
Alongside being the holder of over ten awards and scholarships, Adam has also published work in several leading law journals; with a number of those published works going on to be cited in both leading textbooks and further academic pieces. Most notably, Adam’s work on scope of duty is cited in Chitty on Contracts, whilst his work on the Civil Liability (Contribution) Act 1978 is cited in Clerk and Lindsell on Torts. He is also a contributor to Keating on Construction Contracts.
Practice Areas
Construction & Engineering
- Junior counsel to Paul Bury in two ongoing High Court (TCC) claims, which arise out of out of one of the largest development projects in Europe: one being a complex final account dispute, the other concerning an adjudication enforcement and related Part 8 proceedings.
- Sole counsel on an ongoing breach of contract claim in the High Court (TCC), which concerns alleged defects on a project in Dubai.
- Led by Charles Banner KC, advised and acted in relation to the construction-related issues which arose out of a £30 million residential development project.
- Sole counsel for the claimant in a novel claim against an insurer, which alleged the insurer had assumed responsibility in respect of a remedial scheme it had recommended.
- Drafted numerous particulars of claim, both led and unled, which set out defects claims.
- Sole counsel on a negligence claim in the High Court (TCC). This claim concerned an infrastructure project and raised issues relating to pure economic loss and limitation.
- Junior counsel to Brenna Conroy in an ongoing multi-party claim which relates to defective work on a substantial Government-led development project.
- Provided ongoing strategic advice to a local council in relation to a high value dispute arising out of the 2016 JCT Measured Term.
- Sole counsel for the claimant in an ongoing multi-party dispute brought under section 2A of the Defective Premises Act 1972 and in professional negligence.
- Advised and now acting as sole counsel on a claim under section 1 of the Defective Premises Act 1972 claim.
- Sole counsel for the claimant on a claim for payment following a substantial number of variations.
- Drafted numerous defences to defects claims, as both sole and junior counsel.
- Advised on the correct interpretation of the X1 inflation clause in the NEC3 Professional Services standard form.
- Junior counsel to Charlie Thompson in an ongoing claim against a contractor, which raises issues of deceit, misrepresentation, and repudiation.
- Acted as sole counsel in a defects claim in the county court, which included making a late application to amend and a half-day trial.
- Drafted a particulars of claim in relation to a misrepresentation and recission claim.
- Advised on section 14A of the Limitation Act 1980, pure economic loss, and assumption of responsibility in relation to a defects claim on a large residential property development.
- Junior counsel to Charlie Thompson in two ongoing High Court (TCC) claims: one concerning the defective design and installation of a substructure, the other raising novel issues of deceit and misrepresentation.
- Led by Brenna Conroy, advised administrators on the merits of pursuing a payment and delay claim under the 2016 JCT Design and Build.
- Sole counsel in an interim application for the inspection of property.
- Sole counsel for NHBC in a one-day county court trial.
Professional Negligence
Drafted a particulars of claim in a claim against a designer for producing defective outbuilding and retaining structure designs.
Drafted a particulars of claim in a claim against a well-known insurer for negligently investigating and advising in relation to substantial defects in the foundations of a new-build property.
Adjudication
Sole counsel on numerous smash and grab adjudications.
Sole counsel on an adjudication against a surveying firm, which raised complex issues of assignment, transferred loss, reasonable settlement, and professional negligence.
Junior counsel to Tom Coulson on two separate, but concurrent adjudications for the same client (the Employer) in relation to the same project: one bringing a claim for liquated damages, the other resisting the main contractor’s smash and grab.
Junior counsel to Emma Healiss on an adjudication against a steelwork subcontractor, which raised issues of delay, defects, and repudiatory breach.
Instructed to appear as sole counsel in enforcement proceedings.
Commercial
- Sole counsel in an application in the High Court (Ch) seeking substantive relief pursuant the provisions of schedule B1 of the Insolvency Act 1986.
- Sole counsel in a number of interim injunction applications in the High Court.
- Successfully acted to set aside a number of default judgments in the county court, on both construction and more general commercial matters.
- Advised on a number of cases which engaged complex issues of contractual formation.
- Advised and drafted a particulars of claim in relation to a claim on a parent company guarantee.
- Led by Brenna Conroy, advised on the insurance position in relation to a defects claim with a value in excess of £120 million.
- Advised in relation to a claim for specific performance of an obligation to provide a parent company guarantee.
- Advised on the insurance (which included the Third Parties (Rights Against Insurers) Act 2010) and limitation position with regard to a negligence claim against a contractor.
Arbitration
As part of the counsel team led by Simon Hughes KC on a £400 million ICC Arbitration concerning a project in the Middle East.
Assisted on a USD $20 million arbitration regarding the sale of a number of aircraft.
Assisted on a high-value international arbitration under ICC rules.
Other Information
Education & Career
Professional Career
Tenant, Keating Chambers 2023-Present
Pupil, Keating Chambers 2022-2023
Judicial Assistant to Lord Justice Coulson 2021-2022
Research Assistant, Law Commission of England and Wales 2020-2021
Education
Bar Professional Training Course, City Law School 2019-2020
Bachelor of Civil Law, Brasenose College, University of Oxford 2018-2019
Bachelor of Laws, Halifax College, University of York 2015-2018
Privacy Policies
Appointments & Awards
BPTC Academic Scholarship, City Law School – 2019
Lord Denning Scholarship, Lincoln’s Inn – 2018
4 New Square BCL Scholarship, University of Oxford – 2018
Lord Laidlaw Scholarship, University of York – 2017
Achieving Excellence Scholarship, University of York – 2016
Reward and Recognition Award, Law Commission of England and Wales 2020
Lincoln’s Inn Entrance Award 2018
Winner, York Law School’s Tenth Anniversary Mooting Competition 2018
Winner, Landmark Chambers’ National Property Mooting Competition 2017
Bridge to the Future Law Award, University of York 2017
Semi-Finalist, Times 2TG National Mooting Competition 2016
Memberships
Member of the Attorney General’s Junior Junior Scheme (2023-2027)
Commercial Bar Association (COMBAR)
Seminars & Publications
AC Walton, ‘A Common Sense Approach Toward Contribution Claims’ (2022) 38(4) Journal of Professional Negligence 245
AC Walton, ‘Collateral Warranties and Construction Contracts: A Victory of Substance Over Form’ (2022) 38(7) Construction Law Journal 487
AC Walton, ‘Negligence and Scope of Duty Post SAAMCO: Old Ideas, New Look’ (2022) Lloyd’s Maritime and Commercial Law Quarterly 33
Adam Walton, ‘Accessory Liability in Equity: The Case for Unconscionability’ (2019) 25(2) Trusts & Trustees 186
M. Maciel and Adam Walton, ‘Can Player Economic-Value Rights be Used as Collateral in Lending’ (2019) 18(3-4) The International Sports Law Journal 185
M. Maciel and Adam Walton, ‘When the Music Stops: the UKSC Judgment in Akers, Applying the Bona Fide Purchaser Rule and Offshore Trusts’ (2017) 23(5) Trusts & Trustees 577