Michael Wheater KC is a respected and sought-after commercial silk with a particular focus on domestic and international construction, engineering and infrastructure disputes, insurance coverage, professional negligence claims and property damage. He has a busy practice dealing with high-value disputes which raise complex technical and financial issues.
He has been recommended as a leader in his fields in the Legal 500, Chambers UK, Chambers Global, Doyle’s Guide and Lexology Index (formerly Who’s Who Legal) for many years, with recommendations including:
“…an excellent ally to have in the most difficult cases” (Chambers UK).
"…an exceptional advocate with the ability to digest huge volumes of information, distil the key points and strategic implications, and produce laser-focussed submissions. A real team player for whom no task is too big or too small.” (Legal 500)
Michael’s work is predominantly based in the English Courts (TCC, Commercial Court and Appellate Courts) and in the GCC region. He appears in the DIFC, ADGM, and QIDRC courts, as well as in International Arbitrations in the GCC region and broader Middle East. His work regularly brings him to the region and he is a member of the COMBAR Gulf subcommittee.
Whether in the English Courts, the offshore Courts or in Arbitration, Michael builds and leads effective teams and works proactively with clients, firms and experts to deliver successful outcomes.
Michael is also well placed to advise as to effective and efficient methods of handling e-disclosure and information management. He is the author of the leading textbook on e-disclosure together with Charles Raffin (second edition in progress) and he regularly lectures on commercial, construction and insurance disputes, legal tech and the future of dispute resolution.
Outside the law, Michael is a keen cook, rugby fan (Saracens) and dog parent to (unofficial) Gatehouse mascot Eric the Frenchie.
Michael is a Member of the Chartered Institute of Arbitrators, is a TECBAR accredited adjudicator and an ADR Group Accredited Mediator.
All of Michael’s work is “commercial” in nature as is clear from his individual practice area tabs below. The majority of Michael’s cases are high-value, complex and technical, involving multiple disciplines of experts.
Michael’s commercial practice spans domestic and international litigation and arbitration across all sectors but particularly in connection with the corporate structures, financing, insurance and delivery of projects in the built-environment, infrastructure and technology sectors. He has particular experience of:
Project finance disputes and project bank accounts;
Bonds and guarantees;
Goods and title;
Insurance coverage disputes;
International Arbitration;
Joint venture issues;
Business sale disputes and breach of warranty claims;
Civil fraud, bribery and conspiracy claims;
Insolvency issues;
Technology, software and digital assets.
Together with the full range of interlocutory applications aimed at securing assets and supporting and enforcing international arbitration.
Examples of Michael’s work
A series of DIAC Arbitrations concerning Dubai Airport Terminal 3. Leading Simon Kerry.
ICC Arbitration (seat London) concerning the relocation of a power station to Turkey.
Breach of Warranty claim on the sale of a utilities group. Leading George Eyre.
Rugby Football Union v Clark Smith Partnership & Ors: leading the team at first instance and in the Court of Appeal on issues relating to the co-insurance defence. Leading George Eyre.
LCIA Arbitration (seat London) concerning the delivery of a shipyard in Kazakhstan.
Allegations of fraud and misrepresentation in the sale of office premises (DIFC).
Michael is a Member of the Chartered Institute of Arbitrators and he acts as an advocate or arbitrator in international arbitrations under ICC, LCIA, DIAC, SIAC, ArbitrateAD, SCCA, UNCITRAL and other rules.
He is also experienced in ad hoc references and with domestic arbitration under CIMAR and other construction and infrastructure rules.
Michael’s practice regularly involves foreign law; he is familiar with the challenges such cases pose and has arbitrated under the laws of many different countries, particularly those in the GCC region, Asia and the Caribbean. He is at ease working within common law and civil frameworks.
Michael also deals with the full range of interlocutory applications aimed at supporting and enforcing international arbitration.
Examples of Michael’s work
A series of DIAC Arbitrations (seat Dubai, Dubai Law) concerning Dubai Airport Terminal 3. Leading Simon Kerry.
DIFC-LCIA Arbitration (seat Dubai, Dubai Law) concerning the construction of a Super Villa in Dubai.
LCIA Arbitration (seat London, English law) Arbitration concerning allegations of delay to the design of a shipyard in Kazakhstan.
US$136m ad hoc reference (seat Cayman) relating to Hurricane damage to a hotel development with Paul Reed KCand David Pliener KC.
ICC arbitration (seat London) relating to the relocation and re-erection of a coal-fired power plant from Bulgaria to Turkey.
USD $70m ICC Arbitration relating to the supply of components for a process plant in Chile. With Paul Reed KC.
USD $150m claim arising out of the explosion of ilmenite smelter in KSA. With Paul Reed KC.
£10m ad hoc reference (seat London) relating to the construction of roads at a London port development. Leading Simon Kerry.
ICC arbitration, seat Zurich, arising out of the supply of components for solar energy generation.
LGK v MPB [2020] EWHC 90 (TCC); [2020] BLR 222; jurisdiction challenge based on incorporation of Arbitration Agreement.
Michael acts and advises insurers and insureds across the construction sector in relation to policy, coverage and avoidance issues, subrogated claims and professional indemnity disputes. He also acts in disputes for and against Lloyd’s underwriters, managing agents, loss adjusters and brokers.
Michael has extensive experience of PI, PL and all-risks policies together with decennial homebuilders’ warranties, such as NHBC and Zurich.
He is recommended by the Legal 500 as a leader in this field and they note that ‘Michael is particularly good at document-heavy and complex disputes, and at ensuring tactical considerations are at the forefront of his advice.’
Rugby Football Union v Clark Smith Partnership & Ors: Successful in the TCC and Court of Appeal in this landmark case relating to the scope and basis of the co-insurance defence. Leading George Eyre.
Acting for the insured in a coverage dispute under a CAR policy following damage to tiles throughout a prestigious riverside residential development. Leading Louis Zvesper.
Acting for the insured D&B contractor in claim against brokers – failure to advise in relation to block notification of cladding issues following the Grenfell fire.
Acting for the insured in relation to coverage under a combined PII, PL and CAR policy following the failure of transformers in an off-shore windfarm.
Advising insurers in relation to a subrogated recovery following the failure of bespoke furniture at a prestigious religious building; involving questions as to notification under a PII policy.
Advising insured in relation to coverage under CAR (PL extension) and PII following the failure of defective underpinning.
Advising insurers as to coverage under PII policy in relation to restitutionary claim against D&B Contractors.
Advising insurers as to coverage under PII following flood damage at a major office development and the rejection of cover by PL insurers.
Advising Contractors as to waiver of subrogated rights / no fault regime in connection with modified CPA hire terms and All Risks Plant Insurance.
Acting with Paul Reed KC for the insured in relation to coverage under a CAR policy following the catastrophic failure of a smelting plant in the middle-east.
Advising insurers in relation to coverage under PII policy in relation to the alleged defective construction of 300+ properties.
Advising Developers in relation to negotiations with NHBC following the emergence of project-wide defects.
Advising Developers in relation to the application of NHBC cover to defects arising in M&E systems outwith the boundaries of the Home.
Advising owners and tenants in relation to claims for preventative works under Zurich policy.
Acting in business interruption claims caused by local authority construction works.
A mainstay of Michael’s practice encompasses all the full range of domestic and international construction, engineering and infrastructure disputes. Many of his reported cases are in the construction sphere and he has been recommended as a leader in the field for over 15 years.
He is familiar with all forms of domestic and international construction contract (JCT, NEC3 & 4, ICE, and has particular experience of disputes on FIDIC forms, particularly in the manners commonly used and amended in the GCC Region.
He acts, for and against contractors, employers, local authorities, schools and education trusts, developers, construction professionals, insurers and others working in the construction industry. Michael also has experience working with insolvency practitioners in relation to construction insolvencies. He “is particularly well known for his handling of cases where construction law, insolvency and insurance interconnect.” (Chambers UK).
Before taking silk, Michael was nominated for Construction & Energy Junior of the Year at the Legal 500 Awards 2022.
Examples of Michael’s work
Shepherd Construction v Kingspan & Ors: 24 party, £70m+ dispute arising out of cladding and other defects. Named by The Lawyer as a Top 20 Case for 2024. Leading Louis Zvesper.
Rugby Football Union v Clark Smith Partnership & Ors: leading the team at first instance and in the Court of Appeal on issues relating to co-insurance. Leading George Eyre.
A series of DIAC Arbitrations concerning Dubai Airport Terminal 3. Leading Simon Kerry.
Standard Life Assurance Ltd v Gleeds & Ors: £38m multi-party claim relating to allegations of negligent design in a mixed-use development. Leading Catherine Piercy.
£50m cladding claim relating to a development of 7 tower blocks in Wales. Leading Louis Zvesper.
£30m cladding claim arising out of the redevelopment of the Olympic Athlete’s Village.
£24m arbitration arising from the construction of a mega-mansion in Dubai (DIFC-LCIA).
Michael regularly leads the team in high value and complex adjudications across the whole sphere of construction claims and is an expert on payment disputes and complex questions of interpretation under the HGCRA 1996 (as amended).
His hands-on approach is valued by clients given the truncated timetable of adjudication. Michael also advises and appears in relation to complex enforcement applications and Part 8 claims.
Michael is a TECBAR accredited adjudicator and is happy to be named as a party-nominated adjudicator.
Examples of Michael’s work
Defending architects in high value fire safety adjudication concerning the conversion of seven office buildings. Leading Louis Zvesper.
Kersfield Developments (Bridge Road) Ltd v Bray & Slaughter Ltd: acting for the successful contractor in Part 8 proceedings as to the validity of notices, estoppel by convention, stays of enforcement on Vagoand Estura Leading Michael Levenstein.
Rydon Maintenance Ltd v Affinity Sutton Housing Ltd: Acted, together with Nigel Jones KC for the employer in a series of natural justice challenges.
Beck Interiors Ltd v Classic Decorative Finishes Ltd: Acting for the main contractor in this case which considers the extent to which equitable set-o can be raised as a defence to enforcement.
Beck Interiors Ltd v UK Flooring Contractors Ltd: Acting for the main contractor in this case where the court permitted the severance of a dispute that was only part-crystallised.
Acting with Paul Reed KC in two linked adjudications relating to alleged defective dewatering works on a major civil engineering project.
Acting with Paul Reed KC, in a substantial adjudication relating to civil engineering works at a water treatment plant.
Leading Philip Marriot in an adjudication relating to roofing works at a Grade 1 listed school in London.
Michael has a heavyweight practice in domestic and international property damage claims involving fires, floods, explosions, subsidence and landslides. Many of Michael’s cases result from major natural disasters.
He has been listed as a leader in the field for many years with recommendations including:
“Michael is an oracle, he knows everything.” (Chambers UK)
“Michael’s ability to turn things around and absorb huge amounts of information verges on impossible – unbelievable.” (Chambers UK)
His background in construction, professional negligence and insurance matters means that Michael’s skillset is ideally suited to handling claims concerning property damage, which combine all of these elements. Michael’s experience of utilities also gives him a keen understanding of cases involving damage to electricity, gas and water infrastructure.
Given the overlap between construction issues and real property issues in Property Damage cases, Michael has previously assembled multi-disciplinary teams to ensure that cases are presented in the most effective way to secure successful outcomes.
Examples of Michael’s work
US$150m claim following the catastrophic failure of a smelting plant in the middle-east. With Paul Reed KC.
£10m Arbitration concerning defects in roads at a London Port. Leading Simon Kerry.
Knight v Goulandris: acting for home owner defending allegations of damage caused by the construction of an Iceberg basement. Leading case in the Court of Appeal in relation to the interpretation of the notice provisions of the Party Wall Act, leading Emily Betts.
£9m claim alleging that deep basement works caused structural damage to a neighbouring property. Leading Louis Zvesper.
£20m claim arising out of the installation of gantry cranes at new factory premises.
£10m catastrophic fire at a specialist cancer hospital.
£16m time/cost claim relating to concrete damage at the 2012 Olympic athletes’ village.
£20m claim arising from subsidence damage to warehouse floor. leading Katrina Mather.
£8m claim against Building Control approved inspectors following the collapse of a swimming pool roof at a landmark hotel. Leading Catherine Piercy.
£10m multi-party claim following escapes of water from the LTHW system at a NHS hospital.
Prior to taking silk, Michael was recommended by Chambers UK as a Band 1 junior in this area who is “extremely user-friendly and wonderful with clients”, with a “very strong technical understanding of the law and of construction” and who is “robust but realistic and gets the job done”.
As you would expect, a very substantial proportion of Michael’s leading construction practice concerns bringing and defending claims against construction professionals. He has acted for and against architects, engineers, surveyors and project managers and he has particular experience of cases relating to building services engineers and project monitors.
Michael’s practice revolves around high-value and complex domestic and international claims.
Architects/ Contract Administrators
Shepherd Construction v Kingspan & Ors: 24 party, £70m+ dispute arising out of cladding and other defects at a mixed-use development in Colindale (the Northern Quarter). Named by The Lawyer as a Top 20 Case for 2024. Leading Louis Zvesper.
Standard Life Assurance Ltd v Gleeds & Ors: £38m claim relating to allegations of negligent design in a mixed-use development. Considering issues as to the pleading of professional negligence claims by way of sampling and extrapolation.
Acting in c. £50m cladding claim relating to a development of 7 tower blocks in Wales. Leading Louis Zvesper.
Acting in relation to £30m cladding claim arising out of the redevelopment of the Olympic Athlete’s Village.
Acting with Paul Reed KCfor the Architect in claim alleging negligent certification. Considered complex issues of authority under the Limited Liability Partnerships Act 2001.
Acting for the homeowner in a multi-party claim against Architects and Structural Engineers arising out of defects in the construction of a basement in a central London “Grand Designs” property.
Acting in a claim relating to various alleged defects in design and construction of a new country estate.
Acting in a claim relating to alleged delays in producing design information, negligent design and buildability.
Project Managers
Acting in a £20m claim arising out of negligent specification of gantry cranes in a manufacturing facility.
Acting in a £2m claim alleging various failures to deal with rights of light issues.
Engineers
Rugby Football Union v Clark Smith Partnership & Ors: 5-party claim arising out of refurbishment works at Twickenham Stadium before the 2015 Rugby World Cup. Defending Civil Engineers, Michael has already succeeded in the TCC and Court of Appeal on issues relating to the co-insurance defence. Leading George Eyre.
Junior to Joanna Smith KC in a £18m claim relating to defective M&E services at a landmark development in north London.
Acting for M&E design and build contractors in a £10m claim relating to the management of multi-disciplinary works at a pharmaceutical production facility.
Leading junior (leading Katrina Hanstock acting for the tenant in a multi-million pound, multi-party claim against structural engineers and D&B contractors arising out of subsidence damage to a warehouse floor.
Acting for structural engineers in a multi-million pound claim following damage to the floor slab and dock levellers at a large Amazon distribution centre.
Acting for M&E consultants in a £2m claim relating to alleged defects in a pharmaceutical R&D facility.
D&B Contractors
CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Ors –junior counsel to Joanna Smith KC in a c.£10m claim relating to allegations of defective car park ventilation.
Acting for specialist roofing contractors in relation to design defects in car showroom roof.
Advising the employer as to a claim against D&B contractors for negligence in the commissioning of LPHW and domestic cold water systems in an industrial estate.
Building Control Professionals
Defending a c. £8m claim against Building Control approved inspectors following the collapse of a swimming pool roof at a landmark hotel (leading Catherine Piercy KC).
Surveyors and Monitoring Surveyors
Acting for Quantity Surveyors defending £40m+ claim relating to negligent feasibility reports.
Defending Monitoring Surveyors in a £8m claim alleging negligence in feasibility studies and negligence in Project Monitoring services.
Acting for property valuers in a claim against monitoring surveyors following a negligent appraisal / feasibility report.
Acting for Monitoring Surveyors in a claim relating to alleged fraudulent overvaluation.
Acting for the Lender in a claim against Monitoring Surveyors relating to negligent and fraudulent overvaluation.
Solicitors and Barristers
Acting in a number of claims against solicitors arising out of failures to advise in relation to ‘toxic ground rent’ provisions in long leases.
Acting in claim against solicitors for negligent conduct of £25m litigation including failure to advise on limitation and s.14A.
Acting for the defendant construction claims consultant in a claim for the negligent conduct of a construction arbitration.
Acting in a claim against counsel for negligent advice and failing to advance arguments in litigation.
Acting in a claim against union representatives for the negligent conduct of an employment claim.
Acting and advising in numerous claims relating to title defects and/or failure to advise in relation to property transactions.
Acting and advising in numerous claims relating to failures to issue proceedings within the relevant limitation period and the likely quantum of such claims.
Property Professionals and Valuers
Acting for the surveyor in a £6m claim involving novel allegations of duty to advise the borrower under a floating facility.
Acting for the surveyor in a c.£4m claim alleging negligent valuation of development land.
Acting for the surveyor in a c. £1.5m claim alleging negligent valuation of a series of holiday lets.
Acting for the valuer in £1m claim alleging negligent valuation of a going concern business.
Acting for the surveyor in £750k claim alleging negligent overvaluation of a restaurant premises.
Acting for valuers in a £600k claim alleging negligent valuation including “no loss” issues where a subsequent advance cleared the initial facility.
Acting for valuers in a £600k claim alleging negligent valuation of agricultural / commercial property in respect of a series of construction/development loans.
Acting for valuers in a £500k claim alleging negligent valuation of a rural residential property and failure to note an agricultural tie.
Michael has a thriving international practice and is regularly called upon to advise clients in other jurisdictions on disputes within all of his practice areas. As well as representing international clients in disputes before the English Courts, Michael has acted in courts and arbitrations in Europe, the GCC Region, the Caribbean and Asia.
Michael has particular experience of disputes in the Middle East. He is a Michael is a DIFC registered advocate and is authorised to accept instructions in the ADGM and QIDRD Courts as well as having experience of International Arbitrations under all of the local rules (DIAC, ArbitrateAD, QICCA, OAC, SCCA). His work regularly brings him to the region and he is a member of the COMBAR Gulf subcommittee.
For examples of Michael’s recent work, please see his practice area tabs above.
Chalcraft & Anor v John Tompkins Associates [2011] EWHC 2079 QB (Merc)
Generation (UK) Ltd v S L Dower [2011] EWHC 3547 (Ch)
Trad Hire & Sales Ltd v Holbrook Investments Ltd & Anor [2010] EWHC 90 (Ch)
Agilo Ltd v William Henry & Anor [2010] EWHC 2717 (Ch); [2011] BPIR 297
Henry v Agilo Ltd [2010] EWHC 2045 (Ch)
Sarkis v Mirza [2006] BPIR 146, CA
AMCD Property Services Ltd v G (2004) All ER (D) 125, (Ch)
Directory recommendations
Michael has been recommended as a leading construction junior for many years in Chambers UK, Chambers Global, The Legal 500. He is also recommended for his professional negligence and insurance work by Legal 500 and by the Lexology Index (formerly Who’s Who Legal) for both Construction and Professional Negligence.
Some recent directory recommendations from the past 3 years include:
“Tactically excellent with superb drafting. His advocacy is excellent: clear, concise and skilfully delivered. He commands respect from opponents and judges. Incredibly astute but down to earth and well liked by clients as they appreciate that Michael understands their role and the industry” (Legal 500 2025)
“Technically excellent, very user-friendly and good with strategy. Also very commercially minded and great with clients. Well deserved recent promotion to KC” (Legal 500, 2025)
“Michael is an absolute star. He is brilliant on the technical side, great with clients and provides great commercial advice” (Legal 500, 2025)
“Michael is an incredibly strong advocate in an understated way and he is also highly versatile.” (Chambers UK Bar, 2025)
“Michael’s ability to get to grips with a complex case and provide a map towards achieving a resolution is outstanding.” (Chambers Global, 2025)
“Michael is particularly good at document-heavy and complex disputes, and at ensuring tactical considerations are at the forefront of his advice.” (Legal 500, 2024)
“Michael always has the answer. He has a very, very strong understanding of the law and of construction, but is very easy to work with and takes on a very commercial approach. His written advice is always spot on.” (Chambers and Partners, 2024)
“Sensible and amiable in client conferences and able to think quickly. Great on his feet, better in writing and approachable.” (The Legal 500, 2024)
“Michael Wheater is robust but realistic and gets the job done.” (Chambers and Partners 2024)
“His advocacy is quietly forceful and persuasive. He’s very calm and measured, which judges tend to like.” (Chambers and Partners 2024)
“Michael is an exceptional advocate with the ability to digest huge volumes of information, distil the key points and strategic implications, and produce laser-focussed submissions. A real team player for whom no task is too big or too small.” (The Legal 500, 2023)
“Michael is extremely approachable and user friendly, while also technically excellent. He more than holds his own against opposing silks and is a very persuasive and capable advocate.” (The Legal 500, 2023)
“Michael is an oracle, he knows everything.” (Chambers UK, 2023)
“Michael is an excellent ally to have in the most difficult cases. Very good on both paper and his feet.” (Chambers UK, 2023)
Insights
Success in Chambers Global 2025
14/02/2025
Dubai Arbitration Week 2024
30/10/2024
Michael Wheater KC takes silk
18/03/2024
Chambers Global 2024
15/02/2024
Michael Wheater recommended for Silk
19/01/2024
Gatehouse Chambers featured in two cases in The Lawyer’s ‘Top 20 Cases of 2024’
10/01/2024
Gatehouse Chambers shortlisted in 11 categories at the Legal 500 Bar Awards 2022
06/07/2022
Gatehouse barristers succeed in major new coinsurance decision
03/05/2022
Gatehouse Chambers makes a strong showing in the Chambers Global 2022 Guide
17/02/2022
Sarah McCann’s Construction Insolvency textbook published by Sweet & Maxwell
07/02/2022
Past events
LIDW: Who is best placed to regulate (the use of) AI in international arbitrations?
04/06/2025
International Arbitration Series: The Arbitrator Appointment and Removal
22/04/2025
The Construction & Law Masterclass Riyadh
25/02/2025
Adjudication Day (North) Manchester
05/02/2025
Dubai Arbitration Week – The big, the bad and the ugly: Mega-project litigation; cutting through the complexity
13/11/2024
Adjudication Day 2024
28/02/2024
The Next Building Crisis? An Introduction to RAAC and Related Claims
23/10/2023
Behind the Façade Series Webinar: A reminder of the relevant construction and property concepts and terminology
24/11/2021
#HardwickeBrew – Insolvency – Advantages and disadvantages of adjudication for insolvent estates, creditors and litigation funders
02/07/2020
#HardwickeBrew – Break the log jam with online ADR – Online mediation: practicalities and tips part II
18/05/2020
Michael Wheater speaks at Grant Thornton’s Technology in Disputes seminar
12/09/2018
Videos
Construction #Brew: URS v BDW: First Pours
23/05/2025
The Next Building Crisis? An Introduction to RAAC and Related Claims
23/10/2023
Behind the Façade Series Webinar: A reminder of the relevant construction and property concepts and terminology
29/11/2021
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