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Chambers of Richard Lynagh QC

2 CROWN OFFICE ROW, TEMPLE, LONDON, EC4Y 7HJ, ENGLAND
Tel:
Work 020 7797 8100
Fax:
Fax 020 7797 8101
DX:
80 LONDON CHANCERY LANE
Email:
Web:
www.crownofficechambers.com
Crown Office Chambers (Chambers of Richard Lynagh QC), Robert Stokell, London, ENGLAND

Robert Stokell

Tel:
Work 020 7797 8100
Email:
Crown Office Chambers (Chambers of Richard Lynagh QC)

Position

Construction and engineering: substantial construction and engineering disputes, pursuant to JCT, NEC3 and other contracts, dealing (for example) with delay and disruption, defects, final accounts and liquidated damages. He has acted in the TCC and the Court of Appeal, and in adjudication, arbitration and mediation. Recent cases include Harrison v Shepherd Homes Limited [2010] EWHC 1398 (TCC), [2011] EWHC 1811 (TCC), [2012] EWCA Civ 904 (Court of Appeal) – acting successfully as junior counsel for the claimants on construction and engineering claims relating to piled foundations, defects and nuisance in a housing development; and resisting an application by the NHBC to strike out the claims; Rickman v G J Smith Bros Limited (2012) (TCC) – acting for the contractor in a £1.2m final account claim pursuant to a JCT 98 Contract (Private with Approximate Quantities), which settled in the week before trial; PMP Electrical Services Ltd v Henley Homes (East) LLP [2011] EWHC 599 (TCC) – successfully opposing a claim in misrepresentation/ deceit in respect of a cabling contract, dealing with an application for security for costs, and obtaining an order for payment of costs by a non-party. Insurance and reinsurance: coverage, non-notification, non-disclosure, misrepresentation, duties of insurance brokers, fraud, whether a reinsurer is bound to follow settlements, and whether several losses amount to one event. Recent cases include Nader Aghdassi v Markel Syndicate 3000 (Manchester TCC) – successfully defending claim in respect of a collapsed wall in commercial premises, with reference to underwriting evidence on coverage and materiality. The claimant discontinued before trial; advising whether an allegedly liable company was named in the policy and covered; advice on policy construction in a case of allegedly defective design; advice on coverage in a claim arising out of the collapse of scaffolding. Commercial: commercial disputes involving sale of goods and supply of services, insolvency, conversion, product liability, bailment, breach of directors’ duties, and agency agreements. Recent cases include a product liability case in relation to a lorry; advice in a case arising out of an injury to a race horse; a sale of goods and product liability claim relating to a stairlift. Property damage: particular experience of claims arising out of fires and floods. Recent cases: Nader Aghdassi v Markel Syndicate 3000 (Manchester TCC) – successfully defending claim in respect of a collapsed wall in commercial premises, with reference to engineering evidence on the effect of water leaks and withdrawal of support – the claimant discontinued before trial; claim against the NHBC arising out of water damage to an apartment; advice on fire damage to a building allegedly due to hot works; advice in relation to a fire caused by a contractor’s failure to leave sufficient space around a downlight; action for extensive water damage to an apartment building caused by the failure of a piping connection. Professional negligence: claims for and against professionals, including engineers, valuers and surveyors, solicitors and barristers. Recent cases include drafting Particulars of Claim in an action based on negligent structural design; claim against solicitors in respect of VAT liability following a property transaction; solicitors’ claim for fees, and a counterclaim alleging professional negligence in handling a partnership dispute.

Career

Called in 1995 by Lincoln’s Inn (Eastham Scholarship, Hardwicke Scholarship, Sir Thomas More Bursary). Studied commercial finance and accounting issues at London Business School (CFEP 2007).

Member

Technology and Construction Bar Association, Society of Construction Law, Commercial Bar Association, PNBA, PIBA.

Education

Birkenhead School; Christ Church, Oxford (MA, Boulter Exhibition).

Leisure

Skiing, theatre, film, food and wine.

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