Paul Reed QC

Introduction & Contact details

“Paul is 'decisive, clear in his advice and very commercial'... 'one of the most user-friendly of all barristers'... Solicitors particularly admire him as ‘when dealing with him he is absolutely not afraid to give you a figure for the deal and to stick to it’”. Chambers UK 2011

"The 'brainy and diligent' Paul Reed of Hardwicke is appreciated for his in-depth knowledge of construction matters and his skill as an advocate. He has recently been involved in a number of major disputes, including Buncefield." Chambers UK 2010 (Construction)

"Paul Reed of Hardwicke has had an extremely successful year in raising the profile of his insurance and reinsurance practice, particularly with regard to its buildings and projects focus. He recently handled a USD150 million international arbitration concerning damage caused by Hurricane Ivan in the Cayman Islands. Commentators note that he also impressed in Buncefield-related disputes." Chambers UK 2010 (Insurance)

Paul is consistently recommended by The Legal 500 and Chambers UK as a leader in his specialist areas of construction and insurance and as a “tenacious” advocate with “a sense of tactics and strategy”.

Practising primarily as an advocate he is also highly regarded for his advisory work.

He is regularly instructed in substantial, complex and sometimes high-profile construction, insurance and commercial disputes, often raising multi jurisdictional issues.

He acts for leading insurance companies such as AIG, Zurich, RSA and Generali, Lloyds syndicates, banks and construction companies such as Carillion, Morgan Est, Balfour Beatty, utility companies including EDF and Veolia, local, regional and governmental bodies. Paul is known as an approachable, client focused and a team player who gives clear and consistent advice.

Paul is also a post graduate tutor and occasional lecturer in construction law and arbitration at Kings College and an experienced mediation advocate who also acts as a commercial arbitrator and mediator.

Qualifications

• LLB (Hons), MSc, ACIArb
• Paul is a tutor and occasional post-graduate lecturer in the Faculty of Engineering (Construction and Engineering Law) at King’s College.
• Consistently recommended in The Legal 500 and Chambers. 

Professional Associations

• Combar
• Institute of Arbitrators
• London Common Law and Commercial Bar Association
• Former Member of Bar Council ADR Committee
• Professional Negligence Bar Association
• Technology and Construction Bar Association

DDI:  020 7691 0040
T:     020 7 242 2523
F:     0207691 1234
E:     paul.reed@hardwicke.co.uk

Construction

Paul is very experienced in construction and engineering disputes. Over the last 20 years he has acted for most if not all of the major construction companies and construction insurers as well as developers and governmental bodies. He understands the complex nature of such matters where his experience comes to the fore and is highly regarded for his ability to quickly identify the key issues and for his sound commercial advice.

Relevant Cases

Kent County Council v Snohetta, Davis Langdon & Whitby Bird [2009] TCC the design competition and aborted project for the proposed Turner Contemporary art gallery in Kent.

Seele v Tokio Marine 2009 EWHC 2151 (QB)
(2007) EWHC 1411 (Comm),(2008) EWCA Civ 441, (2009) EWHC 2066 (TCC) 2009 EWHC 255 (TCC), Representing Insurers in a long running and complicated action regarding defective glazing at the Paternoster Square development.

Associated British Ports v Hydro Soil Services NV [2006] EWHC 1187 (TCC);
Case concerning ICE conditions of contracts, where the claimant port operator claimed damages arising from the breach of a contract to strengthen a quay wall entered into with the defendant company. Technically complex claim against a number of parties involving sub-sea geology, geotechnical and structural engineering and a 'state of the art' design.

Cashtec Ltd, Spinnaker Ltd and Fluiditi Ltd (2006) EWHC (TCC)
Acting in a claim for £20 million in an electronic and information technology dispute.

Gurney Structural Engineers v Gleeds Health & Safety and Gleeds Project Management Times 24 April 2006 [2006] EWHC 536 (TCC)
Paul represented Gleeds during a 3 week trial regarding the catastrophic collapse of a property in Knightsbridge and at a subsequent hearing regarding the right to publish the draft judgement after settlement. Instructed for Gleeds, who were project managers and quantity surveyors,  at trial in relation to the catastrophic collapse of shops and offices into Beauchamp Place, Knightsbridge.

Morgan Est v Hanson [2005] 1 WLR 2557
Represented Morgan Est at first instance and in the Court of Appeal in relation to the substation of parties outside the limitation period

Holbeck Hall Hotel Ltd v Scarborough Borough Council [2000] 2 WLR 1396
Case concerning the responsibility for the catastrophic collapse of a hotel into the sea at Scarborough. As a result of the Court of Appeal’s decision the scope of the Leakey duty to an adjoining neighbour has been clarified.

Professional Indemnity

He advises and acts for clients in pursuing the negligence of professional advisors including accountants, solicitors and valuers.

Relevant Cases

Lighthouse Carrwood v Luckett [2007] EWHC 2603 (QB)
Representing financial services agent relating to covenants and lost business.

Ross v Freshfields (2007)
Represented Freshfields in a claim arising out of the sale of film and associated rights.

Insurance

Consistently recommended by the Legal 500 and Chambers for insurance and reinsurance as a leader in his field, there is a substantial international element to his work.

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

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

Relevant Cases

Kent County Council v Snohetta, Davis Langdon & Others [2009] Coverage advice on a costs inclusive All Risks policy.

Seele v Tokio Marine (2009) EWHC 1411 (Comm),(2008) EWCA Civ 441, (2009) EWHC 2066 (TCC) 2009 EWHC 255 (TCC), 2009 EWHC 2151 (QB). Representing Insurers in a long running and complicated action regarding defective glazing at the Paternoster Square development.

Northwick Park Hospital [2008] ‘guinea pig’ clinical trial coverage dispute.

Los Angeles race course [2008] overage dispute.

Castlepoint [2008] coverage dispute.

Pacific basin mining disaster [2008] excess layer coverage dispute regarding $1bn damage claim.

Kyle Bay Ltd (t/a Astons Nightclub) v Underwriters [2007] EWCA Civ 57
Paul 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 [2007] EWHC 94 (Comm) and 2007 EWCA Civ 1450. 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 [2006] (TCC)
Paul was 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 [2003] EWHC 1706 (comm)
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.

Fire Damage

This area naturally ties into his other work in Product Liability and Construction and Engineering. His breadth of practice allows him to answer all issues which arise through these cases.

Relevant Cases

Buncefield’ [2009] EWHC 540 acting for a government body pursing claims for damage caused by the explosion at the oil storage depot on 11 December 2005.

Spade Lane Cold Storage [2008] acting for first defendant in connection with a £22m claim for the cost of rebuilding.

Kingmoor Park Industrial Estate [2008] acting for claimants in £10m claim for damage caused by fire at industrial estate.

Medical Malpractice

Paul’s practice includes advising and representing doctors and consultants on their liability, often in cases with complex clinical dimensions. His medical malpractice work naturally operates in conjunction with his Professional Indemnity subject area.

Relevant Cases

Northwick Park Hospital [2008] coverage dispute.

Product Liability

Paul has 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.

Relevant Cases

London Fire & Emergency Planning Authority v Meritor Light Vehicle Systems (UK) Ltd
[2003] EWHC 2411 (TCC). 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.

Commercial

Paul represents a wide range of commercial organisations including banks, companies, partnerships and joint ventures and foreign companies and government bodies in significant and complex disputes.

Arbitration

Experienced advocate in domestic and international arbitration having undertaken a number of construction, commodity and ICC arbitrations.

Recent Arbitrations

Hayward v Thompson [2009] Comm. Applications for removal of Arbitrator for misconduct and Appeals.

Insurer v RC [2009] Cayman Island Arbitration regarding claim for $136m.

B v Insurer [2009] Domestic Arbitration regarding damage to university buildings.

JV v Insurer [2008] Domestic Arbitration regarding material damage to road £20m.

G v BB [2008] Domestic Arbitration, failure of road embankments as a result of professional negligence.

Banking Finance & Credit

For over 15 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. At present he is instructed by UK Asset Recovery (Mortgage Express and Bradford & Bingley) to lead a number of group actions seeking recovery in respect of  numerous fraudulent transactions. He advises on a wide range of securities issue including guarantees, indemnities, standard form undertakings and bonds.

Relevant Cases

Bradford & Bingley, Britannia & others [2009] Product misselling and fraudulent commission litigation.

Singapore Aircraft Leasing PTE v Air Luxor [2005] Comm.
Paul was instructed in relation to a $10 million dollar dispute regarding aircraft A300 Airbus wet leases.

Lloyds Bank v Cassidy [2004] EWCA 1767 and [2002] EWCA Civ 1427
Represented Lloyds TSB at first instance and in the Court of Appeal regarding the duties of Banks and Receivers.

Civil Fraud

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

Relevant Cases

Attorney General of Zambia v Meere Care v Desai [2008] EWCA Civ 754 Acting for Swiss national on his successful appeal regarding conspiracy, dishonest assistance and fraud on the Zambian government.

Perry v Princess Intl & others [2005] EWHC 2042, LTL 5/10/2005
Clarification as to when a freezing injunction may be registered against real property.

HSBC v Securicor 2003
Represented Securicor and their insurers in the Commercial Court in relation to the theft of $1.9m from Nairobi Airport.

Utilities

Paul has acted for a range of utility companies including Veolia and EDF in a broad range of energy and related disputes including turbines, generators, CHP and other plants, resistive heat failures, supply and distribution issues.