Paul Reed KC

Areas of expertise

• Construction & engineering
  • Adjudication

    Adjudication

    Paul is well known for his involvement in high value, high profile adjudications where his pre-eminence in construction and engineering issues makes him a formidable operator.

    Examples of work:

    • Acting for distributor in linked Adjudications regarding termination of £900m distribution contract (followed by arbitration).
    • Acting for Port Authorities in relation to construction and engineering adjudications
    • Acting for National Assembly for Wales in the dispute over construction of the new assembly building.
    • Adjudications relating to the design & build of commercial buildings, churches and schools.
    • Acting for contractors and employers regarding significant engineering projects including roads tunnels and ground works.
    • Acting for major housing association in relation to multiple adjudications regarding delay.
    • Acting as adjudicator in various construction and engineering adjudications.
  • Construction & engineering

    Construction & engineering

    Paul is renowned for his expertise and experience in substantial construction and engineering disputes, be they litigated through the courts, arbitration or adjudication and he is familiar with a wide range of standard forms (including JCT, ICE, GC Works, NEC, FIDIC, IChemE, PPC, TPC, ACE, RIBA etc.).

    Over the last 30 years he has acted for almost all of the major construction companies and construction insurers as well as developers and governmental bodies. His engineering background combined with legal expertise means that he understands the complex nature of such matters and has given him a well-deserved reputation for his ability to identify quickly the key issues and then give sound, commercial advice.

    “Methodical, commercial and someone with great advocacy skills”, he is recommended in the directories as a leading silk in International Arbitration, Construction, Insurance and Reinsurance, and Property Damage. He acts not only as legal counsel and as an advocate before the courts, arbitral tribunals and in adjudication but also as an arbitrator and adjudicator.

    In addition to his legal practice, he is author of:

    • Construction All Risks Insurance, the third edition of which was published by Sweet & Maxwell. The book is the definitive text for Construction and Engineering All Risks (CAR) insurance; and
    • Construction Professional indemnity Insurance, published by Sweet & Maxwell.

    Significant reported cases:

    • Carillion Construction Ltd v Emcor Engineering Services Ltd & An: guidance by the Court of Appeal on awarding Extensions of Time and calculation of loss and expense.
    • Twintec Ltd v Volkerfitzpatrick Ltd: a £150m dispute about the defective piling and floor slab in Europe’s largest wine warehouse.
    • National Museums & Galleries on Merseyside v AEW Architects & Designers Ltd & PHL UK Ltd & Galliford Try Construction Ltd: a substantial claim against architects against a claim for negligent design of the Liverpool museum.
    • MJ Gleeson Group PLC v AXA Corporate Solutions Assurance SA: defending insurers against substantial claim on a Construction Public Liability insurance policy.
    • UK Highways A55 Ltd, Carillion Construction Ltd, John Laing Construction Ltd v Hyder Consulting (UK) Ltd: defending the designer of the A55 road in respect of £20m claim for negligent design of road.
    • Smith & Others v South Eastern Power Networks PLC: defending electricity distributors in respect of multiple claims for damage caused by equipment installed in domestic premises.
    • Cayman Insurance Company Limited v Lindo and Brown: defending Insurers in respect of claim under insurance policy.
    • Chalcraft v Rivercraft Developments LLP v John Tompkins Associates Ltd: claim against architect for the alleged negligent certification of building works.
    • Kent County Council v Snohetta, Davis Langdon & Whitby Bird: TCC representing Kent CC in respect of a substantial claim for the negligent design and tender for the Turner Contemporary art gallery.
    • Seele Austria GMBH & Co v Tokio Marine Europe Insurance Ltd: dispute as to whether damage to the building at Paternoster Square, London was insured.
    • Blackwell (contracts) Ltd v Gerling Allegemeine Verischerungs-AG: dispute as to whether damage caused to the M62 motorway was insured.
    • Associated British Ports v Hydro Soil Services NV, Dredging International (UK) Ltd & Haecon: claim for damage caused to dock at Southampton due to negligent design and construction.
    • Gurney Structural Engineers v Gleeds Health & Safety and Gleeds Project Management: defending project managers resulting from catastrophic collapse of a number of buildings into a London Street.
    • Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd: substitution of the Claimant outside the limitation period.
    • Navigators Insurance Co v Atlantic Methanol Production Co LLC: the right to seek an anti-suit injunction to prevent forum shopping in the USA.
    • London Fire & Emergency Planning Authority v Meritor Light Vehicle Systems (UK) Ltd: product liability claim in respect of the design of fire engines.
    • Holbeck Hall Hotel Ltd v Scarborough Borough Council: liability in tort for the hotel collapsing into the sea at Scarborough.
    • South Coast Shipping Co Ltd v Havant BC: coastal defence civil engineering arbitration.
    • General Construction Ltd v Aegon Ins Co: the right to call performance bond in Mauritius.
  • Construction arbitration

    Construction arbitration

    Paul is recommended in the directories as leading counsel in construction, engineering, insurance and international arbitration, having been involved in some of the largest construction and insurance arbitrations of recent times.

    Examples of work:

    • M v M: £40m heavy infrastructure insurance arbitration in South Korea.
    • A v B: £100m HEP insurance dispute in Peru.
    • Advising on £500m process plant claim in Australia.
    • S v B: product supply and construction arbitrations (UAE and London).
    • AH (International contractors) v D (developer): ICC construction arbitration in Dubai.
    • J v S M & E: FIDIC mechanical and electrical works arbitration in Dubai.
    • PN v HS: £900m domestic arbitration regarding termination of supply contract.
    • FJ v E: $70m USD ICC arbitration regarding a process plant – Chile.
    • M v CI: $20m hurricane damage arbitration in Cayman Islands.
    • RC v A: ICC $136m arbitration in Cayman Islands regarding damage to a hotel during construction.
    • C v G: £20m domestic arbitration regarding construction of a motorway.
    • F v L: £3m domestic arbitration regarding embankment failure.
    • SCS v H: £10m domestic beach replenishment arbitration.
    • HN v WA: £2m domestic arbitration regarding the fit out of a central London department store
    • Appointed as an arbitrator including in the UK, Dubai and Gibraltar.
  • Energy & renewables

    Energy & renewables

    Paul regularly advises upon and represents utility companies and contractors in relation to Energy and Renewables in the UK and overseas and he is familiar with the insurance WELCAR and WINCAR forms.

    He was described by Chambers UK as “a natural choice for big-ticket, international infrastructure disputes”.

    Examples of work:

    • Adjudications and arbitrations for major electrify distributor.
    • Coverage advice on offshore renewables.
    • Insurance coverage dispute regarding a waste recycling plant.
    • Advising on LNG and infrastructure projects in Australia.
    • Disputes regarding construction of offshore structures.
    • Dispute regarding offshore platform, Nigeria.
    • Disputes regarding power generation, process plants and drilling platform in Saudi Arabia.
    • Dispute regarding extension to power station in Malaysia.
    • Dispute regarding recycling facility Hong Kong.
    • Dispute regarding Hydro electric plant in Peru.
  • Property damage

    Property damage

    Paul is ranked as a leading silk in Band 1 by Chambers Directory and is “A highly respected property damage silk” who is “regularly instructed in substantial, high-profile claims concerning multiple parties, and is noted for experience of handling fire damage cases.” He is considered to be “Very clear and incisive”.

    Examples of work:

    • Acting for defendants in a substantial fire claim (circa £40m).
    • Advising clients with respect to the Grenfell Tower Enquiry.
    • Acting for utility company in relation to a major fire.
    • Buncefield: acting for a government body pursing claims for damage caused by the explosion at the oil storage depot.
    • Spade Lane Cold Storage: acting for first defendant in connection with a £22m claim for the cost of rebuilding.
    • Kingmoor Park Industrial Estate: acting for claimants in £10m claim for damage caused by fire at industrial estate.
    • Insurer v RC: Cayman Islands arbitration regarding claim for $136m.
    • B v Insurer: domestic arbitration regarding damage to university buildings.
    • JV v Insurer: domestic arbitration regarding material damage to road £20m.
    • G v BB: domestic arbitration, failure of road embankments as a result of professional negligence.
  • Construction insurance

    Construction insurance

    Consistently recommended by The Legal 500 and Chambers UK for insurance and reinsurance as a “acknowledged market leader” in his field, there is a substantial international element to Paul’s work.

    He has written books on Construction All Risks Insurance and Construction Professional Indemnity Insurance published by Sweet & Maxwell. The books are unique reference guides offering a comprehensive and contextual analysis of Construction and Engineering insurance.

    Paul regularly advises on coverage and avoidance issues for insurance companies, Lloyd’s underwriters and Insureds particularly in relation to construction insurance including project insurance and policies of professional indemnity, product liability, public liability and all risks.

    Paul is acknowledged as a specialist in construction indemnity and project insurance and has acted for insurers in most of the leading cases on the standard DE and LEG clauses and he has particular expertise in the operation of such clauses.

    His expertise extends to:

    • Issues between primary and excess insurers.
    • Reservation of rights.
    • Conflicts of interest in relation to domestic and world-wide insurance and reinsurance.

    Examples of work:

    • Coverage dispute in relation to insurance cover for large infrastructure projects in Saudi Arabia and Malaysia.
    • Banks v The Insurance Company of the West Indies: Cayman Islands Court of Appeal existence of common law restriction on the right of an insurers to avoid a policy for non-disclosure.
    • Shipbuilding coverage dispute in South Korea.
    • Coverage dispute in relation to petrochemical plant in UAE.
    • Cayman Insurance Company Limited v Lindo and Brown: Cayman Islands Court of Appeal and the right of Insurers to avoid a policy of insurance.
    • Barrett v Attorney General of the Cayman Islands and Cayman Islands Insurance Association.
    • Cayman Islands Court of Appeal, legality of conditional fee agreements.
    • Kent County Council v Snohetta, Davis Langdon & Others.
    • Coverage advice on a costs inclusive All Risks policy.
    • Seele v Tokio Marine.
    • Representing Insurers in a long running and complicated action regarding defective glazing at the Paternoster Square development.
    • Northwick Park Hospital [2008]: acting in a “guinea pig” clinical trial coverage dispute.
    • Los Angeles Race Course: overage dispute.
    • Castlepoint: coverage dispute.
    • Pacific basin mining disaster: excess layer coverage dispute regarding $1bn damage claim.
    • Kyle Bay Ltd (t/a Astons Nightclub) v Underwriters: successfully represented Underwriters in the Commercial Court and in the Court of Appeal on policy coverage and on the finality of insurance settlements where an attempt is made to reopen them based on misrepresentation and mutual mistake.
    • CA Blackwell (Contractors) Ltd v Gerling Allegemeine Verischerungs-AG: the claimant contractor claimed payment under an ‘all claims’ insurance policy provided by the defendant for damage to road construction works caused by rainfall. Acting on behalf of insurers in a dispute concerning the meaning of fortuity and the DE defect exclusions, now one of the leading case on the meaning of DE3.
    • AMEC/Carillion v RSA (TCC): instructed in relation to a claim under an ‘all risks’ policy in respect of damage and delay caused during the construction of a new runway at Manchester Airport.
    • Navigators Insurance Co & Others v Atlantic Methanol Production LLC: Paul represented Navigators Insurance in relation to a coverage dispute over a methanol plant in Equatorial Guinea and a form dispute between Texas and England.
• Professional indemnity insurance

  Professional indemnity insurance

  Paul is author of  Construction Professional indemnity Insurance, published by Sweet & Maxwell which is the definitive text on the subject. The book is a unique reference guides offering a comprehensive and contextual analysis of Construction and Engineering Professional indemnity insurance.

  His practice includes advising and representing architects, engineers, surveyors and project managers on their liability, often in complex cases.

  Paul has also advised and represented clients in a large number of product liability claims involving food additives. polymers, and other materials as well as products consisting of multiple components. He is regularly instructed by insurers, their clients and specialist insurance firms.

  Examples of work:

  • Counsel in a business interruption claim against Insurers for £845m.
  • Advising clients with respect to the Grenfell Tower Enquiry.
  • Acting for design and build contractors in respect of £10m claim.
  • Carillion v Woods Bagot & Others.
  • National Museums & Galleries on Merseyside v AEW Architects & Designers Ltd & PHL UK Ltd & Galliford Try Construction Ltd: a substantial claim against architects against a claim for negligent design of the Liverpool Museum.
  • Chalcraft v Rivercraft Developments LLP v John Tompkins Associates Ltd.
  • Kent County Council v Snohetta, Davis Langdon & Whitby Bir: representing Kent CC in respect of a substantial claim for the negligent design and tender for the Turner Contemporary art gallery.
  • Northwick Park Hospital: coverage dispute.
  • Gurney Structural Engineers v Gleeds Health & Safety and Gleeds Project Management: defending project managers resulting from catastrophic collapse of a number of buildings into a London street.
  • London Fire & Emergency Planning Authority v Meritor Light Vehicle Systems (UK) Ltd: representing vehicle door latch manufacturer in a product liability claim that the 60m latches produced were of a defective design which caused doors to open unintentionally.
• Insurance funded disputes

  Insurance funded disputes

  Paul is a leading practitioner in insurance, specialising in coverage disputes and recovery claims in the areas of construction, professional liability and property damage and insurance. He has an established international reputation for representing insurers and policyholders in disputes involving policy coverage and in substantial recovery actions involving technical and complex, construction, engineering and professional negligence disputes.

  Paul is also appointed to determine coverage disputes under QC clauses, as Arbitrator and Adjudicator.

  Paul is the author of Construction All Risks Insurance, the first three editions of which was published by Sweet & Maxwell and Construction Professional indemnity Insurance, published by Sweet & Maxwell which are the definitive texts on the subjects.

  “Methodical, commercial and someone with great advocacy skills”, he is recommended as a leading silk in Insurance and Reinsurance by Chambers UK and Legal 500 and in Chambers Global. He is known as an approachable and client-focused silk and a team player who gives clear and consistent advice.

  You can find details of his insurance dispute work under the Construction, CDR and Professional Liability tabs of his profile.

• Commercial dispute resolution
  • Banking & finance

    Banking & finance

    For over 20 years Paul has acted for many of the major lending and banking institutions, including most of the clearing banks against solicitors and valuers for claims for negligence, breach of trust, breach of fiduciary duty and deceit. He has particularly extensive experience in relation to mortgage fraud.

    He advises on a wide range of securities issue including guarantees, indemnities, standard form undertakings and bonds.

    Examples of work:

    • Claims for business interruption due to Covid-19.
    • Bradford & Bingley, Britannia & others: product misselling and fraudulent commission litigation.
    • Singapore Aircraft Leasing PTE v Air Luxor: Paul was instructed in relation to a $10 million dollar dispute regarding aircraft A300 Airbus wet leases.
    • Lloyds Bank v Cassidy: represented Lloyds TSB at first instance and in the Court of Appeal regarding the duties of Banks and Receivers.
  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    Paul is experienced in domestic and international fraud including world-wide freezing orders.

    Examples of work:

    • Attorney General of Zambia v Meere Care v Desai: acting for Swiss national on his successful appeal regarding conspiracy, dishonest assistance and fraud on the Zambian government.
    • Perry v Princess Intl & others: clarification as to when a freezing injunction may be registered against real property.
    • HSBC v Securicor: acting for Securicor and their insurers in the Commercial Court in relation to the theft of $1.9m from Nairobi Airport.
  • Commercial arbitration

    Commercial arbitration

    Paul is an experienced advocate in domestic and international arbitration having undertaken a number of construction, commodity and ICC arbitrations.

    See his Construction Arbitration profile for further information.

    Examples of work:

    • S v B: product supply arbitration (UAE)
    • Infrastructure arbitration in UAE.
    • Arbitration regarding oil platform in Saudi Arabia.
    • Multiple Adjudications and Arbitrations regarding electricity operation contracts.
    • Hayward v Thompson: applications for removal of Arbitrator for misconduct and Appeals.
    • Insurer v RC: Cayman Island Arbitration regarding claim for $136m.
    • B v Insurer: domestic Arbitration regarding damage to university buildings.
    • JV v Insurer: domestic Arbitration regarding material damage to road £20m.
    • G v BB: domestic Arbitration, failure of road embankments as a result of professional negligence.
  • Commercial litigation

    Commercial litigation

    Paul has particular expertise in commercial disputes involving utility companies such as Veolia and EDF, which relate to contracts for turbines, generators, CHP and other plants, resistive heat failures, supply and distribution issues.

• Construction Professionals

  Construction Professionals

  Paul is ranked by both Chambers UK and Legal 500 as a leading silk in professional negligence who is “technically fantastic and approachable”. He is particularly well known for his expertise and experience in disputes relating to construction and engineering professionals.

  Examples of work:

  • Chalcraft v Rivercraft Developments LLP v John Tompkins Associates Ltd [2011] EWHC 2079: claim against architect for the alleged negligent certification of building works.
  • Kent County Council v Snohetta, Davis Langdon & Whitby Bird: representing Kent CC in respect of a substantial claim for the negligent design and tender for the Turner Contemporary art gallery.
  • Associated British Ports v Hydro Soil Services NV, Dredging International (UK) Ltd & Haecon: claim for damage caused to dock at Southampton due to negligent design and construction.
  • Gurney Structural Engineers v Gleeds Health & Safety and Gleeds Project Management: defending project managers resulting from catastrophic collapse of a number of buildings into a Londonstreet.
  • National Museums & Galleries on Merseyside v AEW Architects & Designers Ltd & PHL UK Ltd & Galliford Try Construction Ltd: a substantial claim against architects against a claim for negligent design of the Liverpool Museum.
• International

  International

  He is recommended as a leading silk in Chambers Global Awards and he is noted in the legal directories as a leading individual silk international arbitration. He has written two leading insurance texts: Construction All Risks Insurance and Construction Professional Indemnity Insurance and he is highly respected with a formidable international reputation for advising and representing construction, insurance and reinsurance disputes.

  He is experienced in advising and representing individuals, companies and domestic and foreign insurance companies in England and overseas in ICC, LCIA, UNCITRAL, EDF, LMAA and other arbitral rules and has been appointed as an arbitrator and adjudicator in a number of jurisdictions.

  Recently Paul has advised and represented employers in construction engineering, insurance and commodities disputes in the UAE and in respect of oil and gas infrastructure and process plant and disputes in Saudi Arabia, Pakistan, Nigeria South America, Korea, Australia and New Zealand and he continues to advise and represent insurers and policyholders in insurance disputes in jurisdictions throughout the world.

  In the Caribbean Paul has acted as counsel in a number of insurance arbitrations and for Insurers in Cayman Islands including the Insurance industry in the Court of Appeal and for government bodies.