Call: 2009

Ebony Alleyne

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“She is impressive. She is professionally inquisitive and is tenacious.” Legal 500

Practice overview

Ebony specialises in construction and engineering, insurance, commercial , property damage and professional negligence. She is an experienced trial advocate, both as sole counsel and as a junior to leading counsel, and has been instructed in multi-week trials in the Chancery Division and the TCC. For example, she recently acted  for the successful appellants in Panesar v Pistachios in the Park Ltd [2020] EWHC 194 (QB) a claim for fraudulent misrepresentation and in TCC proceedings for more than 70 claimants in a series of claims arising from defective redevelopment works to a prestigious Grade II listed terrace of properties led by Paul Reed QC.

Ebony is recommended by Legal 500 for both Construction and Professional Negligence.  She is commended for her court advocacy, the quality of her written work and her personable, commercial and straight-forward style.

Ebony acts for a very wide variety of clients both domestically and internationally.  These have included recently an international engineering enterprise, an international consultancy and construction company, a national dessert parlour franchisor, a mechanical engineering firm specialising in pipeline fabrication and installation, a national same day freight courier, an international provider of outsourced business process services, a construction Joint Venture established in Turkey, a leading elevator installation company, a sustainable M&E engineering services company, a Railtrack maintenance contractor, a nationwide retail franchisor and a leading bread .

Outside of her legal practice, Ebony is currently enjoying working towards her private pilot’s licence.

Areas of expertise

  • Construction & engineering
    • Adjudication

      Adjudication

      Ebony is regularly 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. 

      Ebony also accepts instructions under Hardwicke’s Fixed Fee Adjudication Scheme.

    • 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).

      Ebony has experience of the standard forms of contract used in the construction industry, including the JCT and NEC3 forms, and takes an active interest in writing in the field as an editor of Emden’s Construction Law.

      Related Work:

      • Ebony is currently acting in a £100m+ CAR insurance claim concerning roof damage, including water damage, decay, degradation, wet and dry fungal rot and other similar forms of contamination. Ebony is being led by Paul Reed QC.
      • Representing the freeholder and leaseholders of a prestigious residential development in central London in relation to serious defects with the external render and tiling in luxury bathrooms. This multi-million-pound, multi-party claim, is advanced against 8 defendants, along with a standalone claim against insurers.
      • Acting for the employer in a multimillion pound claim against various specialist consultants for delay in commissioning and operating a cost-saving combined heat and power unit.
      • Representing the employer in a claim for damages for defective roofing works that caused substantial water damage to a high-specification residential development.
      • Claim for a proportionate refund of a £ multi-million upfront deal bonus payable 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 acts on both domestic and international construction arbitrations.  She has built up considerable experience in this area 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.

      Ebony is currently acting in a £45 million loss and expense acceleration claim, between two joint venture parties responsible for works on a gas pipeline. She is being led by Nigel Jones QC.

      Related Work:

      • £45 million loss and expense acceleration claim, between two joint venture parties responsible for works on a gas pipeline. She is being led by Nigel Jones QC.
      • £6m arbitration in relation to gas intake piping for a Methanol and DME Project in the Caribbean. Claims for loss and expense, along with compound interest.
      • £20m  arbitration relating to corrosion and embrittlement of the megabolts used in the construction of an iconic London landmark.
      • £50m LCIA arbitration relating to the cost of repairing two diaphragm walls built in relation to a major London construction project.
      • US$40m ICC arbitration relating to the delay in building a gas pipeline in Europe.
      • A RICS Arbitration acting for the employer over tiling defects to a high-spec multimillion pound residential property. The Arbitrator awarded Ebony’s clients substantial damages, including sums for suitable alternative accommodation during remedial works.
      • A dispute between a licensor and hotel over fees, sums due on termination, and liquidated damages.
    • 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 QC 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 QC.
      • Advising freeholders and leaseholders regarding claims under new home policies in relation to work to common and private areas.
  • Commercial dispute resolution
    • Commercial litigation

      Commercial litigation

      Ebony has experience in all forms of contract-based commercial disputes. She acts for businesses, entrepreneurs, charitable institutions and individuals in the myriad of claims that arise; often involving the interpretation of contracts, sale of goods, supply of services, loan agreements, misrepresentation and agency.

      Ebony accepts all instructions, from interlocutory matters (including applications for summary judgment, strike out and security for costs) to trial, appeals, and enforcement.

      Related Work:

      • Acting for a respondent company in an appeal concerning the capacity of the appellant, a private individual, to recover substantial damages for breach of contract suffered by his management services company.
      • Appearing for a partnership seeking repayment of fees and loss of profit (including loss of capital appreciation) against a former consultant.
      • Advising a charity regarding a joint venture agreement and subsequent dispute as to its liability for significant overspend on the project.
      • Acting for a bank resisting Part 8 proceedings for declarations to extinguish the outstanding capital balance of various residential mortgages, in circumstances where the claimant customers alleged the bank failed to demand C&I repayments after expiry of 12-month IO periods.
      • Appearing on behalf of a football agent in a claim to recover fees from a player pursuant to a Representation Agreement.
      • Acting for a major car distributor resisting a claim for defective manufacture brought in tort and under the Consumer Protection Act 1987.
    • 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. Her experience of complementary areas of law gives her an invaluable insight into disclosure and employment-related issues.

      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:

      • Acting for the franchisee in High Court proceedings for fraudulent misrepresentation by exaggerated financial projections in the franchisor’s business prospectus. Following a successful recusal application and appeal in 2019. Appeal reported at Panesar v Pistachios in the Park Ltd [2020] EWHC 194 (QB). New trial listed in October 2021.
      • Ali v Abbeyfield VE Ltd [2018] EWHC 669 (Ch) – Successful fraudulent misrepresentation claim made by several joint venture partners for rescission and damages plus substantial counterclaim for internally maintained overdrafts. Trial in late 2017 with confidential quantum settlement. Led by Brie Stevens-Hoare QC.
      • Advising 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 it significant brand damage and loss of profit.
      • Advising a franchisee as to the effect and enforceability of a series of restrictive covenants contained in a standard form Franchise Agreement in the light of a bespoke supplemental Agreement.
      • Various BFA Arbitrations.
    • 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.

    • Employment & executive disputes

      Employment & executive disputes

      Ebony’s employment law practice focuses on High Court executive disputes, which are often related to directors and shareholders disputes; and include claims for and against former employees and directors for breach of fiduciary duty, misfeasance, breach of trust, proprietary claims and conflicts of interest.

      She also has experience in applying for and resisting injunctions for breach of restrictive covenants, infringement of fiduciary and confidentiality duties and freezing orders.

  • Insurance
  • Professional liability
    • Property & construction professionals

      Property & construction professionals

      Ebony’s construction law background makes her particularly well positioned to act in professional negligence matters with a construction element, such as claims involving architects, structural engineers and surveyors.

      Her expertise in professional negligence claims against legal professionals is dealt with at that part of her profile.

      Related Work:

      • Multi-million-pound professional negligence case involving design issues and termination dispute on a substantial gasification power plant.
      • Instructed in respect of various cases concerning cladding and fire protection defects and negligent design regarding fire safety.
      • Multi-million-pound TCC proceedings concerning façade and bathroom defects and liability under the Defective Premises Act 1972.
      • TCC proceedings concerning defective roof design on flagship commercial office building.
      • 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.
      • Acting for a claimant employer in proceedings for negligent certification, under a JCT SBC.
      • Acting in a dispute over project managers’ fees, where in response to a fees claim, allegations of professional negligence have been raised by way of counterclaim.
    • Financial professionals, insolvency professionals, directors & officers

      Financial professionals, insolvency professionals, directors & officers

      Ebony has extensive experience of claims involving a wide range of financial professionals. She has been retained to act for both claimants and defendants and their insurers.

      This part of Ebony’s practice dovetails well with the insight she gained in 2016 while acting as a Skilled Person in the FCA review arising out of the misselling of interest rate hedging products (IRHPs).

      Related Work:

      • Advising in various swap, cap and collar IRHP claims, including claims for breach of contract, statutory duty and/or misrepresentation.
      • Advising on recoverability of a wide range of consequential loss in the context of commercial misselling claims.
      • Advising on claims alleging negligent financial advice and recommendation of unsuitable financial products, including tax mitigation schemes.
    • Legal professionals

      Legal professionals

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

       Related Work:

      • 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.
  • International

    International

    Ebony’s practice covers international as well as domestic work and she has handled disputes involving multiple jurisdictions including Europe 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.

Recognition

“She is impressive. She is professionally inquisitive and is tenacious.”Legal 500
“An excellent advocate, who stays calm and adapts effortlessly when circumstances change.”Client
“Knowledgeable, commercially aware and considers all angles”Legal 500

Professional associations

  • COMBAR
  • TECBAR
  • Society of Construction Law
  • Professional Negligence Bar Association
  • British Insurance Law Association
  • London Common Law & Commercial Bar Association
  • ArbitralWomen

Directory recommendations

Ebony is recommended for both Construction and Professional Negligence by Legal 500:

  • Knowledgeable, commercially aware and considers all angles
  • “She is impressive. She is professionally inquisitive and is tenacious.”
  • An excellent advocate, who stays calm and adapts effortlessly when circumstances change.”
  • “An extremely capable and professional barrister able to quickly identify the key issues in complex claims.”

Publications

Ebony is a contributor to Construction Professional Indemnity Insurance (Sweet & Maxwell, 2018)and Construction All Risks Insurance (Third edition, Sweet & Maxwell, 2021).

Ebony is also an editor of Emden’s Construction Law and a contributor to the Practical Law Construction Blog.

Qualifications

  • LLB (Hons), First
  • Bar Vocational Course, Very Competent
  • Exhibition Scholar, Inner Temple
  • Martin Dockray Prize winner in consecutive years

Insights

Third edition of Construction All Risks Insurance now published

07/06/2021

Black History Month – Dr Sandie Okoro

29/10/2020

The Hardwicke team are supporting The London Legal Walk 2019

12/06/2019

Adjudication of construction professional negligence claims

30/03/2019

Emden’s Construction Law

28/01/2019

Construction Professional Indemnity Insurance

28/01/2019

Construction All Risks Insurance

28/01/2019

Past events

Hardwicke Franchising Day – Business as Usual?

24/09/2020

CAR Seminar Series: The meaning of damage and inherent vice – what is the difference?

16/09/2020

Adjudication of construction professional negligence claims

03/07/2019

Ebony Alleyne speaking at Legal Cheek Training & Pupillage Conference 2019

09/05/2019

Ebony Alleyne speaks at The Society of Construction Law event

05/02/2019

Videos

Adjudication of construction professional negligence claims

29/08/2019