Helena White

Areas of expertise

• Construction & engineering
  • Construction & engineering

    Construction & engineering

    Helena has a busy court and adjudication practice and regularly acts for employers, contractors and construction professionals before a wide range of tribunals, in a variety of disputes including payment disputes, Final Accounts disputes, termination, delay and disruption, defective work or design claims, extension of time claims, claims for loss and expense and liquidated damages. Helena is conversant with the JCT, NEC3/NEC4 and FIDIC standard forms, the RIBA terms of appointment as well as bespoke contracts.

    Helena has gained insight into the commercial realities of construction and engineering disputes as a result of her secondments to Veolia Water and UKPN.

    Helena accepts instructions on a direct access basis in appropriate cases.

    Recent Work

    • Junior to Paul Reed KC on an AED 650 million arbitration in Dubai concerning the termination of a construction contract and the sums owing as between the parties as a result of that termination (including the determination of complex delay claims, as well as knotty issues of contract interpretation).
    • Representing a high net worth individual in a claim against multiple defendants relating the defective design and construction of a substantial refurbishment project in Central London.
    • Successfully representing the claimant in the first instance decision of Hart v Large & Anr [2020] EWHC 985 (TCC), which clarified various significant points of principle regarding the duties of surveyors when providing a Homebuyer’s Surveyor
    • Acting for an Approved Inspector in various cladding claims brought following the developments that have arising following the Grenfell Tower tragedy
    • Acting for the claimants against a structural engineer in Beattie Passive Norse Ltd & Anr v Canham Consulting Ltd (3) [2021] EWHC 1414 (TCC)
    • Gosvenor London Ltd v Aygun Aluminum UK Ltd [2018] EWHC 227 (TCC).
    • PFG Design Ltd v Masma Ltd QBD (TCC) (Fraser J) 15/11/2017
    • Structure Consulting Ltd v Maroush Food Production Ltd[2017] EWHC 962 (TCC) – Helena successfully enforced an adjudicator’s decision, in the face of an application under Part 8 that the enforcement should be stayed pending the determination of the issues raised, namely issues relating to the formation of the parties’ contract and the validity of a payless notice.
    • Trident Maintain Ltd v Falcon Investment LtdQBD (TCC) (Fraser J) 22/06/2016 – instructed in respect of an employer’s hotly-fought attempt to resist enforcement of an adjudicator’s decision under Wimbledon v Vago.
    • Sainsbury’s Supermarkets Limited v (1) Condek Holdings Limited and others[2014] EWHC 2016 (TCC) – Helena struck out a £5 million claim relating to the design and construction of modular car park in the TCC.
    • Instructed as junior counsel, led by Sarah Hannaford KC (Keating), on a £200m arbitration in relation to a long running dispute over the refurbishment and rebuilding of a government military base.
    • Led by Paul Reed KC on the instruction of a Polish designer and manufacturer of freight wagons. The case concerns the derailment of containers from a train during Hurricane Emma and whether the design of the wagons complied with relevant national and international standards. Helena was required to attend a two day client conference in Poland in order to investigate the technical aspects of the claim.
    • Led by Paul Reed KC in a claim made by a business customer against UKPN, on the basis that the customer’s supply had been unlawfully disconnected.
    • Acting in relation to a Party Wall etc Act dispute and claims arising out of allegedly defective works, including a hotly contested 3-day trial between neighbours, where Helena successfully defended the claim resulting in an order for indemnity costs being made against the claimant.
    • Successfully representing a contractor in a 5-day trial against substantial allegations of defective work.
    • Representing a firm of Project Managers in a multi-handed £1.5 million dispute concerning a project where it is alleged that no proper regard was given to the planning permission obtained from the Local Authority.
    • Advising policyholders in disputes concerning the NBHC Buildmark Policy.
  • Adjudication

    Adjudication

    Helena regularly acts for contractors and Employers, as well as a range of construction professionals and consultants, in a wide variety of adjudications including payment disputes, Final Account disputes, claims involving delay and disruption, as well as defective work or design.

    Helena understands the pressures that can arise as a result of the invariably tight adjudication timetable. As a result, she ensures that the advice she provides before, during and after the adjudication is incisive and commercial and that she works collaboratively throughout the adjudication process to make sure the client achieves the best result possible in the challenging circumstances often thrown up in adjudication.

    Helena appears regularly in the TCC Enforcement both to enforce and to defend against the enforcement of Adjudicator’s decisions. Recent cases include:

    • John Doyle Construction Limited (in liquidation) v Erith Contractors Ltd [2020] EWHC 2451 (TCC)
    • Rochford Construction v Kilhan Construction [2020] EWHC 941
    • Meadowside Building Developments Ltd (in liquidation) v 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC)
    • Gosvenor London Ltd v Aygun Aluminum UK Ltd [2018] EWHC 227 (TCC)
    • PFG Design Ltd v Masma LtdQBD (TCC) (Fraser J) 15/11/2017
    • Structure Consulting Ltd v Maroush Food Production Ltd[2017] EWHC 962 (TCC) – Helena successfully enforced an adjudicator’s decision, in the face of an application under Part 8 that the enforcement should be stayed pending the determination of the issues raised, namely issues relating to the formation of the parties’ contract and the validity of a payless notice.
    • Trident Maintain Ltd v Falcon Investment LtdQBD (TCC) (Fraser J) 22/06/2016 – instructed in respect of an employer’s hotly-fought attempt to resist enforcement of an adjudicator’s decision under Wimbeldon v Vago.
  • Property damage

    Property damage

    Helena is regularly instructed by insurers and insureds in relation to claims arising out of damage to property caused by fire, flood, heave and water penetration. She has acted for insurers in subrogated recovery claims and for defendants and their insurers in defending claims and passing liability on to other parties. Her technical expertise and commercial approach means that she is ideally placed to provide pragmatic and commercial advice in respect of any claim.

    Recent Work

    • Junior to Paul Reed KC in a substantial coverage dispute under a CAR policy in respect of oil pumping works in Abu Dhabi.
    • Advising a group of leaseholders about coverage for defective works under a decennial policy, where there are complex issues on limitation.
    • Advising a homeowner in respect of the insurance provisions of a JCT standard form in respect of a fire caused during the currency of the works, where inadequate insurance had been obtained.
    • Assisting as part of the successful legal team on Smith & Others v South Eastern Power Networks Plc [2012] EWHC 2541 (TCC): five test cases brought by domestic and small commercial electricity consumers against the electricity distributor for negligence relating to resistive heating fires in supply side electrical equipment.
    • Acting for the insurer of a freeholder in a claim brought by a leaseholder in respect of alleged water damage to her property.
    • Acting for an insurer in respect of claim by a residential occupier arising from subsidence.
    • Acting for an insurer in a claim relating to extension fire damage to a residential property.
  • Construction insurance

    Construction insurance

    Helena principally acts for insurers and insureds in the construction sector. She acts and advises in relation to coverage and avoidance issues, subrogated claims and professional indemnity disputes.

    She acts in professional negligence disputes concerning architects, contract administrators, quantity surveyors, project managers and structural engineers in all aspects of professional negligence claims against construction professionals, including cases concerning negligent design, overvaluation of works, inadequate contract administration and failure to inspect/supervise. Helena also acts in claims both for and against negligent solicitors, in a range of disputes.

    Helena’s technical expertise and commercial approach means that she is ideally placed to provide pragmatic and commercial advice in respect of any claim.

    Recent Work

    • Representing a contractor in a coverage dispute following a major fire at a sports centre in North London.
    • Representing a contractor in a coverage dispute following a flood at a construction site during the progress of the works and, in particular, the effect of the contractor’s entitlements in the context of JCT Insurance Option C.
    • Advising a demolition firm on insurance coverage in respect of works to a listed property.
    • Junior to Paul Reed KC advising a HNW individual in respect of insurance requirements for a substantial refurbishment project at a property in Knightsbridge.
    • Junior to Paul Reed KC in a substantial coverage dispute under a CAR policy in respect of oil pumping works in Abu Dhabi.
    • Advising a group of leaseholders about coverage for defective works under a decennial policy, where there are complex limitation issues.
    • Advising a homeowner in respect of the insurance provisions of a JCT standard form in respect of a fire caused during the currency of the works, where inadequate insurance had been obtained.
    • Advising homeowners on coverage issues under an NHBC policy.
    • Acting for an Architect in a substantial claim arising out of the Architect’s alleged involvement in a report recommending the installation of an air source heat pump at a large country house.
    • Representing a firm of project managers in a multi-handed £1.5 million dispute concerning a project where it is alleged that no proper regard was given to the planning permission obtained from the Local Authority.
• Professional liability
  • Construction Professionals

    Construction Professionals

    Helena regularly acts in professional negligence disputes concerning architects, contract administrators, quantity surveyors, project managers and structural engineers in all aspects of professional negligence claims against construction professionals, including cases concerning negligent design, overvaluation of works, inadequate contract administration and failure to inspect/supervise.

    Recent Work

    • Successfully defending a firm of engineers in respect of a substantial adjudication (claimed value £7.5 million) concerning the construction of a revetment at Alexandra Dock, Hull
    • Representing a manufacturer of building façade systems in respect of a claim brought against them concerning the rainscreen cladding installed at two tower blocks in Oxford
    • Representing a design and build contractor, specialising in social housing, in a circa £10 million claim made against it by a Developer, and in the various downstream claims that are advanced
    • Defending a firm of architects in a claim concerning the modular design of a prestige apartment block in central London
    • Defending a firm of structural engineers in a claim regarding the design of a car park forming part of a residential block
    • Successfully representing the claimant in the first instance decision of Hart v Large & Anr [2020] EWHC 985 (TCC), which clarified various significant points of principle regarding the duties of surveyors when providing a Homebuyer’s Surveyor
    • Acting for an Approved Inspector in various cladding claims brought following the developments that have arising following the Grenfell Tower tragedy
    • Acting for the claimants against a structural engineer in Beattie Passive Norse Ltd & Anr v Canham Consulting Ltd (3) [2021] EWHC 1414 (TCC)
    • Acting for an engineer in a claim concerning a major cliff collapse
    • Acting for an architect in a substantial claim arising out of the Architect’s alleged involvement in a report recommending the installation of an air source heat pump at a large country house.
    • Successfully defending an architect in an adjudication arising from an alleged failure to inspect works and for overvaluation of the works. The case involved complication issues of causation, contract insolvency and the application of a net liability clause.
    • Acting for an architect for an alleged failure to properly supervise, inspect or certify building works carried.
    • Representing a firm of project managers in a multi-handed £1.5 million dispute concerning a project where it is alleged that no proper regard was given to the planning permission obtained from the Local Authority.
  • Legal professionals

    Legal professionals

    Helena acts in claims both for and against negligent solicitors, in a range of disputes.

    Recent work

    • Advising on claims arising from a failure to issue within the limitation period, requiring a detailed consideration of complex underlying expert evidence.
    • Representing solicitors in relation to under-settlement claims.
• Commercial litigation

  Commercial litigation

  Helena accepts instructions in a wide range of commercial and business disputes, including sale and hire of goods and claims involving banks and other lenders. She advises and appears frequently on such matters, including a range of procedural applications, substantive hearings and trials.

  Helena has experience of acting on behalf of banks, lenders and financial institutions as well as on behalf of consumers and borrowers. The mainstay of this work revolves around consumer credit and mortgage proceedings and Helena is happy to accept instructions in relation to cheques, bonds guarantees and other instruments.

  Recent Work

  • Acting for a bank in a consolidated claim against two defendants, involving allegations of non est factum, fraud and constructive notice.
  • Acting for a bank in a claim, involving an allegation that the mortgage had been mis-sold.
  • Acting for a bank against a borrower alleging that his loan was unenforceable on the basis of various alleged breaches of the Consumer Credit Act and associated regulations.
  • Acting for the purchaser of a vehicle in a claim under the Sale of Goods Act, which also involved allegations of misrepresentation.
  • Advising a purchaser in respect of the terms and effect of a purchase agreement.