Ebony Alleyne

Areas of expertise

• Construction & engineering
  • Construction & engineering

    Construction & engineering

    Ebony’s practice comprises construction, insurance, engineering and infrastructure disputes and all forms of dispute resolution. She often acts in and advises upon, contractors’, sub-contractors’ and employers’ claims; and professional negligence claims against all construction professionals (including architects, structural engineers and surveyors).

    She is regularly instructed in high profile, high value cases as sole counsel, and as part of a team.

    Ebony has experience of the standard forms of contract used in the construction industry, including the JCT, NEC and FIDIC forms, and takes an active interest in writing in the field as an editor of Emden’s Construction Law.  She also contributes to Construction All Risks Insurance and Construction Professional Indemnity Insurance, both edited by Paul Reed KC.

    Related Work:

    • Mace ltd v Riverstone Managing Agency & Ors [2023] EWHC 1207 (Comm) was a £196m claim and 5-week trial relating to roof defects at Sky’s headquarters.  Ebony was led by Paul Reed KC in this complex claim which is of wider significance in relation to: the meaning of damage, period of cover, aggregation, insurable interest and the reasonableness of repair/replacement.
    • Ebony is being led in a £multi-million CAR claim in relation to physical damage, corrosion, de-bonding and discoloration. Ebony acts for the contractor; there are important issues as to aggregation, the meaning of the wear and tear exclusion and the value/usefulness of the insured property prior to the period of cover.
    • A £multi-million claim relating to allegations of imminent danger caused by combustible external cladding, inadequate fire compartmentalisation and unprotected structural steel at a residential development. Ebony acted for 70+ claimants bringing a representative action under CPR 19.8.
    • Ebony acted for the contractor in Energy Works (Hull) Ltd v MW High Tech Projects [2022] EWHC 3275 (TCC), a £131m claim concerning delay, a disputed termination and the cost of completing a substantial waste to energy project as well as alleged major defects and entitlement to liquidated damages.
    • Representing the freeholder and leaseholders of a super prime residential development in central London in relation to major defects with the external render and tiling in luxury bathrooms. This multi-million-pound, multi-party claim, was against 8 defendants, along with a standalone claim against insurers and included complex assignment arrangements.
    • £ multimillion claim for a proportionate refund of an upfront deal bonus paid under a Master Services Agreement.
    • Appearing in the TCC on behalf of a Main Contractor and Defendant, resisting a claim for consequential loss brought in negligence, trespass and nuisance.
    • Advising an employer on a disputed final account, with allegations of bad faith concerning the termination of the contract.
    • Advising an employer on the contractual status of various side agreements to a JCT Minor Works Building Contract.
  • Construction arbitration

    Construction arbitration

    Ebony has considerable experience in domestic and international arbitration and her expertise covers a wide variety of different arbitration rules (including ICC, LCIA, AAA and UNCITRAL) across a large range of different parts of the construction and engineering sector.

    As well as appearing as counsel in major arbitrations, Ebony also sits as Arbitrator.

    Related Work:

    • £50m LCIA arbitration relating to the cost of repairing two diaphragm walls built in relation to a major London construction project.
    • £20m arbitration relating to corrosion and embrittlement of the megabolts used in the construction of an iconic London landmark.
    • £45 million loss and expense acceleration claim, between two joint venture parties responsible for works on a gas pipeline. Ebony is being led by Nigel Jones KC.
    • £multimillion arbitration concerning the final account and alleged fraudulent back charges related to gas intake piping for a Methanol and DME Project in the Caribbean. Claims for loss and expense, along with compound interest.
    • ICC arbitration relating to the deduction of liquidated damages for delay in building a substantial gas treatment plant in Africa.
    • Arbitration relating to defects in the pipework distribution system of a major UK children’s hospital.
    • US$40m ICC arbitration relating to the delay in building a gas pipeline in Europe.
    • £multi-million claim relating to defective block pavements at a major logistics facility.
  • Property damage

    Property damage

    As part of her construction and insurance work, Ebony has extensive experience of dealing with high value and complex property damage claims and associated liability and coverage disputes, including subrogated recoveries and business interruption.

    She is a leading junior in relation to construction all risks (CAR) insurance and regularly advises on the wider implications of CAR claims in relation to associated cover such as PI and PL insurance.

    Related work

    • Acting for the defendants in a multiparty claim concerning widespread flood damage and allegations of negligent maintenance against the water board and county council related to maintenance of a stream.
    • £multi-million claim acting for the contractor in a multi-party dispute arising from a fire at a retail outlet.
    • Acting for the supplier of allegedly defective voltage stabilisers in a fire damage claim concerning a UK hospital.
    • Advising in respect of PL cover for serious damage caused by an explosion at an oil refinery.
    • Acting for the defendant gas network in a claim concerning alleged negligence in respect of plans depicting buried gas pipework; after pipework was unearthed during construction causing damage and delay.
  • Adjudication

    Adjudication

    Ebony is instructed in adjudications by both referring and responding parties and undertakes enforcement hearings in the TCC.

    She has experience of the full range of adjudications including payment disputes, professional negligence claims, final account disputes, defect claims and delay and disruption claims.

    Related Work:

    • Representing a firm of structural engineers against a leading D&B contractor in relation to serious and wide-ranging allegations of drawing errors and lack of or errors of co-ordination of design for a development of assisted living units. Several rounds of submissions, as well as first and supplemental expert reports on liability and quantum.
    • Representing the employer in a final account dispute in relation to extension of a college campus, which included issues over contractual interpretation, claims for variations, delay, loss and expense and liquidated damages. The contractor suspended the adjudication and settled after receiving Ebony’s Response.
    • Representing a subcontractor enforcing a ‘smash-and-grab’ payment adjudication in the TCC.
    • Representing a contractor in an adjudication against a leading gin distillery.
    • Representing a claimant in a Part 8 claim seeking to resolve issues raised in adjudication as part of the enforcement proceedings.
• Construction insurance

  Construction insurance

  Ebony is a contributor to Construction All Risks Insurance (Third edition, Sweet & Maxwell, 2021) and an editor of Emden’s Construction Law.

  Ebony acts and advises on coverage and policy issues, especially in the construction insurance field, including policies of professional indemnity and all risks insurance.

  She has also been led by Paul Reed KC in claims involving many of the leading insurers and continues to act in numerous high value and significant insurance disputes.

  Related Work:

  • Acting for the main contractor in a £100m+ CAR Policy claim concerning roof damage, including water damage, decay, degradation, wet and dry fungal rot and other similar forms of contamination.
  • Advising the main contractor in a £30m claim against Insurers under a CAR Policy concerning corrosion in pipework distribution systems as a result of corrosion inhibitors being introduced too late.
  • Advising the leaseholders and freeholder in a claim against the decennial building defects insurer concerning imminent danger, by ACM external cladding and inadequate fire protection at a residential development.
  • Advising the main contractor in relation to a £6million coverage dispute regarding a landmark building in London. Led by Paul Reed KC.
  • Advising freeholders and leaseholders regarding claims under new home policies in relation to work to common and private areas.
• Professional liability
  • Legal professionals

    Legal professionals

    Ebony handles a wide variety of claims against legal professionals, and frequently as sole counsel appearing against more senior counsel.

     Related Work:

    • Acting in a breach of contract/tort claim against national solicitors concerning alleged negligent advice resulting in an unlawful termination which raises issues as to scope of duty, causation, and loss of a chance.
    • Acting in a breach of contract and/or duty claim against solicitors for issuing a Claim Form late and out of time in relation to a claim against a main contractor. The construction claim was met with a successful limitation Defence.
    • Acting in a claim against a firm of solicitors for negligent commercial advice which includes issues as to the nature and scope of the solicitors’ duty.
    • Defending a claim against a national firm of solicitors for negligence and breach of contract.
  • Construction professionals

    Construction professionals

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

    Ebony has been a contributing author or editor for many of the key construction and professional negligence practitioner texts for several years, 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) was a £196m claim and 5-week trial relating to roof defects at Sky’s headquarters.  Ebony was led by Paul Reed KC in this complex claim which is of wider significance in relation to: the meaning of damage, period of cover, aggregation, insurable interest and the reasonableness of repair/replacement.
    • Ebony is being led in a £multi-million CAR claim in relation to physical damage, corrosion, de-bonding and discoloration. Ebony acts for the contractor; there are important issues as to aggregation, the meaning of the wear and tear exclusion and the value/usefulness of the insured property prior to the period of cover.
    • Ebony acted for the contractor in Energy Works (Hull) Ltd v MW High Tech Projects [2022] EWHC 3275 (TCC), a £131m claim concerning delay, a disputed termination and the cost of completing a substantial waste to energy project as well as alleged major defects and entitlement to liquidated damages.
    • A £multi-million claim relating to allegations of imminent danger caused by combustible external cladding, inadequate fire compartmentalisation and unprotected structural steel at a residential development. Ebony acted for 70+ claimants bringing a representative action under CPR 19.8.
    • Multi-million-pound professional negligence case involving allegations of negligent design and a termination dispute on a substantial gasification power plant.
    • Instructed 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.
    • Instructed in respect of various cases concerning cladding and fire protection defects and negligent design regarding fire safety.
    • Acting for a claimant employer in proceedings for negligent certification, under a JCT SBC.
• Commercial dispute resolution
  • Commercial litigation and fraud

    Commercial litigation and fraud

    Ebony has experience in a wide variety of commercial disputes. She specialises in urgent applications (including applications for injunctions, summary judgment, strike out and security for costs) and claims relating to fraud such as those alleging dishonesty, misrepresentation and deceit.  She also has niche expertise in franchising disputes, acting for both franchisors and franchisees.

    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)(i) (directing a separate trial of any issue).
    • US$ multi-million claim in relation to allegedly fraudulent back charges concerning gas intake piping to a major international methanol and DME project.
    • Acting for the franchisor in proceedings for injunctive relief relating to termination of a franchise.
    • Advising a charity regarding a joint venture agreement and subsequent dispute as to its liability for significant overspend on a construction project.
    • Appearing on behalf of a football agent in a claim to recover fees from a player pursuant to a Representation Agreement.
    • Ali v Abbeyfield VE Ltd [2018] EWHC 669 (Ch) – Represented the co-claimants in a successful fraudulent misrepresentation claim for rescission and damages plus successfully defended 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 its ‘new’ competing entity, including for inducing breach of contract and unlawful means conspiracy.
    • Advising a master franchisee on the meaning and effect of a series of clauses in its standard form franchise agreement in relation to: the term, renewal, confidentiality and non-compete.
    • Various injunction applications for breach of restrictive covenants in franchise agreements and/or deeds of termination.
  • Franchising

    Franchising

    Ebony has comprehensive experience in franchising, representing both franchisors and franchisees, and attracting repeat instructions from specialist franchise solicitors.

    She is particularly skilled at providing strategic and commercial advice in what are often time-sensitive disputes.

    Ebony advises the full range of franchise clients from those engaged in traditional well-established franchises, to clients utilising more modern distribution methods, and emerging brands.

    Ebony accepts instructions from franchisors, franchisees (master and individual), manufacturers, suppliers, distributors and licensors.

    Franchises dealt with include: Creams, Vision Express, Speedy Freight, Cash Converters, Putterills, Subway, Leaders are Readers, Bathstore and Pistachios in the Park.

    Related Work:

    • Represented the successful franchisee in proceedings for fraudulent misrepresentation by exaggerated financial projections in the franchisor’s business prospectus. Judgment was handed down in October 2021.
    • Represented the franchisee in High Court proceedings for fraudulent misrepresentation, following a successful recusal application and appeal in 2019. Appeal reported at Panesar v Pistachios in the Park Ltd [2020] EWHC 194 (QB).
    • Ali v Abbeyfield VE Ltd [2018] EWHC 669 (Ch) – Represented the co-claimants in a successful fraudulent misrepresentation claim for rescission and damages plus successfully defended 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 its ‘new’ competing entity, including for inducing breach of contract and unlawful means conspiracy.
    • Advising a master franchisee on the meaning and effect of a series of clauses in its standard form franchise agreement in relation to: the term, renewal, confidentiality and non-compete.
    • Advising a former franchisee in a breach of contract claim where the franchisor alleges use of unapproved suppliers caused significant brand damage and loss of profit.
    • Various injunction applications for breach of restrictive covenants in franchise agreements and/or deeds of termination.
  • Banking & finance

    Banking & finance

    Ebony has experience of claims involving loans, mortgages, derivatives and guarantees. She has been retained to act for banks, customers and regulators and her practice covers every aspect of operations of banks and other financial institutions.

    Details of Ebony’s financial services-related professional negligence claims, including alleged misselling claims, can be found in the Professional Liability section of her profile.

• International

  International

  Ebony’s practice covers international as well as domestic work and she has handled disputes involving multiple jurisdictions including in Europe, Africa and the Middle East.

  Her experience acting in complex high value disputes across multiple jurisdictions stems from having worked in-house for US conglomerate Tyco International prior to coming to the Bar.