Ebony Alleyne

Areas of expertise

• Construction & engineering
  • Construction & engineering

    Construction & engineering

    Ebony specialises in complex construction and engineering disputes, including major infrastructure and energy projects, in the UK and internationally.

    She is regularly instructed in high‑value, technically demanding claims, acting both as sole counsel and as part of larger counsel teams handling litigation, arbitration, adjudication and mediation. Her practice includes disputes involving contractors, sub‑contractors and employers, as well as professional negligence claims against architects, engineers and surveyors.

    Ebony has extensive experience of the standard forms of contract used in the construction industry, including the JCT, NEC and FIDIC forms and is an editor of Emden’s Construction Law. She is also a contributing author to Construction All Risks Insurance and Construction Professional Indemnity Insurance (Sweet & Maxwell).

    Related Work:

    • Mace Ltd v Riverstone Managing Agency & Ors [2023] EWHC 1207 (Comm); [2024] EWCA Civ 1567; SC [2025] 4 WLUK 699: a £198m Commercial Court and Court of Appeal claim arising out of roof defects at Sky’s headquarters, raising market‑significant issues on the meaning of “damage”, aggregation, and insurance cover for developing damage.
    • Energy Works (Hull) Ltd v MW High Tech Projects [2022] EWHC 3275 (TCC); [2023] EWHC 1142 (TCC) a £131m dispute concerning delay, disputed termination, defects, entitlement to liquidated damages, and completion costs on a major waste‑to‑energy infrastructure project.
    • A high‑value Defective Premises Act claim arising from retrospective liability under the Building Safety Act 2022, involving fire safety defects across a residential development and complex “no loss” arguments, as well as issues concerning the scope of remediation.
    • Cladding and fire safety claim for 70+ claimants in a representative action under CPR 19.8; relating to allegations of imminent danger caused by combustible external cladding, inadequate fire compartmentation and unprotected structural steel at a residential development.
    • Coverage dispute concerning £multi‑million Construction All Risks and Public Liability insurance claims arising from a devastating fire at a residential development, involving complex issues as to the interaction between CAR and liability cover.
  • Construction arbitration

    Construction arbitration

    Ebony has significant experience in domestic and international construction arbitration, acting under a wide range of arbitral rules including ICC, LCIA, AAA and UNCITRAL, across major construction, engineering and infrastructure projects.

    She has particular expertise in construction insurance‑related arbitrations, including disputes concerning Construction All Risks policies, and regularly advises on coverage and strategy prior to the commencement of arbitration.

    In addition to appearing as counsel in major arbitral proceedings, Ebony accepts appointments as an arbitrator and is a Fellow of the Chartered Institute of Arbitrators (FCIArb).

    Related Work:  

    • £multi‑million arbitration concerning allegedly fraudulent back‑charges relating to gas intake piping for an international methanol and DME project.
    • £50m LCIA arbitration concerning the cost of repairing two diaphragm walls constructed as part of a major London infrastructure project.
    • US$40m ICC arbitration relating to delay to a gas pipeline project in Europe.
    • £45m loss and expense acceleration arbitration between joint venture partners responsible for works on a gas pipeline project.
    • £20m arbitration concerning corrosion and embrittlement of megabolts used in the construction of an iconic London landmark.
  • Property damage

    Property damage

    Ebony acts in high-value and technically complex property damage claims and associated liability and coverage disputes, including subrogated recoveries and business interruption claims.

    She is a leading junior in relation to construction all risks (CAR) insurance and regularly advises on the interface between CAR insurance and allied cover, such as professional indemnity and public liability insurance.

    Related Work:

    • High‑value Operational All Risks coverage dispute relating to damage and/or breakdown of a vast rooftop solar PV array.
    • Advising on Third Party Liability cover in relation to serious damage caused by an explosion at an oil refinery, involving high-risk industrial operations.
    • £multi-million claim acting for the contractor in a multiparty dispute arising from a fire at a retail outlet.
    • Multiparty claim concerning widespread flood damage, including allegations of negligent maintenance against a water board and county council relating to the maintenance of a watercourse.
    • Acting for the supplier of allegedly defective voltage stabilisers in a fire damage claim at a UK hospital.
  • Adjudication

    Adjudication

    Ebony is regularly instructed in construction adjudications by both referring and responding parties and has substantial experience of enforcement proceedings in the Technology and Construction Court.

    She acts across the full range of adjudication disputes, including payment and true value disputes, final account claims, defects claims, delay and disruption claims, and professional negligence issues, often in technically complex, high‑value matters.

    In addition to acting as counsel, Ebony is an accredited adjudicator.

    Related Work:

    • Acted for a firm of structural engineers against a leading design and build contractor in an adjudication concerning serious and wide-ranging allegations of drawing errors and failures of design coordination on an assisted living development. Involving multiple rounds of submissions and first and supplemental expert evidence on liability and quantum.
    • Representing the employer in a final account adjudication arising out of the extension of a college campus, involving issues of contractual interpretation, variations, delay, loss and expense and liquidated damages, where the contractor suspended the adjudication and settled following service of Ebony’s Response.
    • Acted on behalf of a subcontractor in the enforcement of a payment adjudication (‘smash-and-grab’) in the Technology and Construction Court.
    • Acted for a claimant in a Part 8 claim seeking determination of issues arising out of an adjudication as part of enforcement proceedings.
    • Representing a contractor in an adjudication against a leading gin distillery.
  • Construction insurance

    Construction insurance

    Ebony advises and acts in complex construction insurance disputes, with a particular focus on coverage and policy interpretation issues arising under Construction All Risks and professional indemnity policies. Her practice includes high‑value claims arising out of property damage during construction and the defects liability period, often involving technically complex causation issues and the interaction between CAR, professional indemnity and public liability cover. She is regularly instructed in significant litigation and arbitration where insurance issues are central to the overall dispute strategy.

    Ebony has been instructed in a number of substantial and commercially important construction insurance disputes, including matters led by Paul Reed KC (an acknowledged market leader in this field), and continues to act for and against leading insurers.

    Related Work:

    • Mace Ltd v Riverstone Managing Agency & Ors [2023] EWHC 1207 (Comm); [2024] EWCA Civ 1567; SC [2025] 4 WLUK 699. Ebony acted in a £198m Commercial Court and Court of Appeal claim arising out of roof defects at Sky’s headquarters, raising market‑significant issues on the meaning of “damage”, aggregation, and insurance cover for developing damage.
    • Advising the main contractor in a £30m claim under a CAR Policy, concerning corrosion in pipework distribution systems caused by corrosion inhibitors being introduced too late.
    • Acted in a £multi‑million coverage dispute arising from a devastating fire at a residential development, involving complex issues as to the interaction between CAR and public liability cover.
    • Advising in a high‑value Operational All Risks claim relating to damage and/or breakdown of a vast rooftop solar PV array.
    • Advising leaseholders and the freeholder in a claim against a decennial building defects insurer, concerning imminent danger arising from ACM external cladding and inadequate fire protection at a residential development.
• Professional liability
  • Legal professionals

    Legal professionals

    Ebony is instructed in professional negligence claims against legal professionals on a selective basis, most often where such claims arise out of high‑value construction, engineering or insurance disputes. Her background in complex construction, engineering and insurance disputes enables her to advise effectively on questions of professional judgment, causation and recoverable loss in this context.

    Related work:

    • Acted in a breach of contract and tort claim against national solicitors concerning alleged negligent advice resulting in an unlawful termination, raising complex issues of scope of duty, causation, and loss of a chance.
    • Acted in a breach of contract and/or duty claim against solicitors for issuing a claim form out of time in proceedings against a main contractor, where the underlying construction claim was met with a successful limitation defence.
    • Acted in a claim against a firm of solicitors for alleged negligent commercial advice, involving issues as to the nature and scope of the solicitors’ retainer and duty.
  • Construction professionals

    Construction professionals

    Ebony regularly acts in all aspects of professional negligence disputes concerning construction professionals, including architects, structural and geotechnical engineers, project managers, construction managers and quantity surveyors.

    She is instructed in high‑value, technically complex and often hard‑fought claims, providing advice pre-issue, settling detailed pleadings, and working closely with expert teams across multiple disciplines.

    Ebony is a contributing author and editor of leading practitioner texts in the field, including Construction Professional Indemnity Insurance, Emden’s Construction Law and Construction All Risks Insurance. 

    Related work:  

    • Mace Ltd v Riverstone Managing Agency & Ors [2023] EWHC 1207 (Comm); [2024] EWCA Civ 1567; SC [2025] 4 WLUK 699: a £198m Commercial Court and Court of Appeal claim arising out of roof defects at Sky’s headquarters, raising market‑significant issues on the meaning of “damage”, aggregation, and insurance cover for developing damage.
    • Energy Works (Hull) Ltd v MW High Tech Projects [2022] EWHC 3275 (TCC); [2023] EWHC 1142 (TCC): a £131m dispute concerning delay, disputed termination, defects, entitlement to liquidated damages, and completion costs on a major waste‑to‑energy infrastructure project.
    • Acted in a £multi-million CAR claim in relation to physical damage, corrosion, de-bonding and discoloration. Ebony acted for the contractor; there were important issues as to aggregation, the meaning of the wear and tear exclusion and the value and usefulness of the insured property prior to inception of cover.
    • Multi-million-pound professional negligence case involving allegations of negligent design and a termination dispute on a substantial gasification power plant.
    • Acted in a claim against a firm of chartered surveyors over contract management services for refurbishment and roof works to Grade II listed terraced properties overlooking the English Channel.
• Commercial dispute resolution
  • Commercial litigation and fraud

    Commercial litigation and fraud

    Ebony acts in high‑value commercial litigation, with expertise in fraud and dishonesty claims, urgent interim applications, and complex contractual disputes. Her practice also includes banking and finance disputes, including claims arising out of loans, mortgages, derivatives and guarantees, acting for banks, customers, regulators and other financial institutions.

    Her banking and finance work frequently arises in the context of wider commercial, construction, infrastructure and insurance disputes, including issues concerning funding structures, security enforcement and associated liabilities.

    Ebony is regularly instructed in applications for injunctions, summary judgment, strike out and security for costs, including in cases involving allegations of misrepresentation, deceit and conspiracy. 

    Related work:

    • Sharn Panesar & Sharn Panesar Ltd v Pistachios in the Park Ltd [2022] EWHC 2088 (QB): a substantial fraudulent misrepresentation claim relating to false financial projections in a business prospectus. Ebony was also successful on a previous appeal between the parties reported as Sharn Panesar Ltd v Pistachios in the Park Ltd [2020] EWHC 194 (QB) which is cited in the White Book under CPR r 3.1(2)(j).
    • Ali v Abbeyfield VE Ltd [2018] EWHC 669 (Ch) was a successful fraudulent misrepresentation claim for rescission and damages in which Ebony represented multiple claimants plus successfully defending a substantial counterclaim for internally maintained overdrafts. Led by Brie Stevens-Hoare KC.
    • Acted for a national franchisor in Commercial Court proceedings against a former franchisee and a competing entity, including claims for inducing breach of contract and unlawful means conspiracy.
    • Acting for franchisors in urgent applications for injunctive relief following termination, including enforcement of restrictive covenants, confidentiality obligations and step-in rights.
    • Advising a charity in relation to a joint venture dispute concerning liability for significant overspend on a construction project.
  • Franchising

    Franchising

    Ebony has a well‑established niche practice in franchising, acting for both franchisors and franchisees, and is regularly instructed by specialist franchise solicitors.

    She is particularly experienced in time‑sensitive franchising disputes, including claims involving fraudulent misrepresentation, termination, restrictive covenants, confidentiality, and urgent injunctive relief, and is valued for her strategic and commercial approach.

    Ebony advises across the full spectrum of franchise models, from established national brands to emerging and non‑traditional distribution arrangements, and acts for franchisors, master franchisees, individual franchisees, manufacturers, suppliers, distributors and licensors.

    Related work:

    • Sharn Panesar & Sharn Panesar Ltd v Pistachios in the Park Ltd [2022] EWHC 2088 (QB): a substantial fraudulent misrepresentation claim relating to false financial projections in a business prospectus. Ebony was also successful on a previous appeal between the parties reported as Sharn Panesar Ltd v Pistachios in the Park Ltd [2020] EWHC 194 (QB) which is cited in the White Book under CPR r 3.1(2)(j).
    • Ali v Abbeyfield VE Ltd [2018] EWHC 669 (Ch): a successful fraudulent misrepresentation claim for rescission and damages in which Ebony represented multiple claimants plus successfully defending a substantial counterclaim for internally maintained overdrafts. Led by Brie Stevens-Hoare KC.
    • Acting for a national franchisor in Commercial Court proceedings against a former franchisee and a competing entity, including claims for inducing breach of contract and unlawful means conspiracy.
    • Urgent applications for injunctive relief on behalf of franchisors following termination, including enforcement of restrictive covenants, confidentiality obligations and step-in rights.
    • Advising a master franchisee on the construction and effect of key provisions in standard form franchise agreements, including term, renewal, confidentiality and non‑compete clauses.
• International

  International

  Ebony acts in international disputes arising out of construction, engineering, major infrastructure and insurance matters, including proceedings involving parties, projects and insurers across Europe, Africa and the Middle East.

  She is regularly instructed in complex, high‑value disputes with an international dimension, including arbitration and litigation where issues of jurisdiction, governing law, insurance coverage and cross‑border enforcement arise.

  Ebony’s international perspective is informed by her experience working in‑house for a US‑based multinational conglomerate prior to coming to the Bar, and by her current practice in international arbitration and construction insurance disputes.