Paul Newman > Chambers of David Berkley QC > Bristol, England > Lawyer Profile

Chambers of David Berkley QC
3PB
ROYAL TALBOT HOUSE, 2 VICTORIA STREET
BRISTOL
BS1 6BB
England
Paul Newman photo

Work Department

Construction and Technology, Property, Personal Injury, Mediation.

Position

Paul Newman studied modern and medieval languages (French and Spanish) at Clare College, Cambridge. He completed the Diploma in Law at City University, London and ‘Bar Finals’ at the Inns of Court School of Law.

He is an accredited construction industry adjudicator (RIBA), an ADR Group accredited mediator and a Fellow of the Chartered Institute of Arbitrators. He was highly commended in the prestigious Hudson Prize for construction law for his paper on construction industry insolvency. In March 2017 he was appointed to the All Wales Legal Services Panel (Chancery & Civil Law, Other). In 2019, Paul accepted an invitation to join the RIBA Professional Conduct Panel, tasked with hearing and ruling on regulatory complaints against practising architects. Paul has also recently been appointed a panel member of UK Adjudicators which offers adjudicator services to UK construction industry clients.

Paul specialises in construction law, including professional negligence claims against construction professionals, disputes concerning party walls and boundary disputes/rights of way. In addition, he undertakes some personal injury, credit hire and landlord and tenant litigation. Though Paul’s practice as a mediator is substantially based on construction and property disputes, he has also mediated disputes in other sectors – general commercial (e.g. franchising, sale of goods and partnership), personal injury, probate TOLATA and libel).

Paul undertakes public access work. He is an arbitrator under the Chartered Institute of Arbitrator’s BAS (Business Arbitration Scheme) and a TecBar approved adjudicator, mediator and arbitrator. Paul is also a door tenant at Pendragon Chambers, Swansea.

CONSTRUCTION
Apart from private practice at the Bar, Paul spent a number of years as an employed barrister in solicitors’ practice. He has worked for two major regional firms, where he featured in both Legal 500 and Chambers UK as a leading construction lawyer, and for a major firm of construction claims’ consultants. He was highly commended in the prestigious Hudson prizes for construction law for his paper on construction industry insolvency.

Paul advises across a broad range of construction disputes. His workload includes delay and disruption claims, building defect claims (including ones under The Defective Premises Act 1972 and the Building Regulations), party wall disputes, claims against construction professionals and property misrepresentation claims. He has a particular interest in construction bonds and guarantees and is the author of a book on the subject. Drawing on his experience with solicitors’ firms, Paul is happy to accept Instructions to undertake non-contentious drafting, prepare contract amendments, collateral warranties and appointment documents.

Paul appears in Court and arbitration hearings and also represents clients in adjudication (including enforcement proceedings) and mediation. He acts as an adjudicator, arbitrator and mediator. He is an RIBA accredited adjudicator (1998), a Fellow of the Chartered Institute of Arbitrators (1999) and an ADR Group accredited mediator (2001). Paul is  a TecBar listed adjudicator, mediator and arbitrator and an arbitrator under the Chartered Institute of Arbitrators’ Business Arbitration Scheme (BAS).

Public Access 
In appropriate cases Paul, who has been a licensed public access practitioner since 2007, will represent members of the public without the intervention of a solicitor.

Recent experience:

  • A proposed professional negligence claim against an Approved Building Inspector
  • Adjudication proceedings in the High Court concerning (a) the reservation of the defendant’s jurisdictional challenge and (b) the enforceability of the adjudication provision in JCT Minor Works Contract in the particular circumstances of the case
  • Preparation of consultancy and sub-contract documentation in the rail industry
  • A proposed professional negligence claim against an architect for negligent contract administration
  • Advice on a number of construction industry Bonds
  • Advice on a framework agreement for the factoring of construction contract debts
  • A TCC case concerning an adjudicator’s right to recover his fees and expenses, following his resignation.

Notable cases:

  • Baldwin and another v. Pickstock Ltd [2017] EWHC 2456 (TCC)
  • Frederick Dennis Baldwin & Another v JR Pickstock Ltd [2017] EWHC 2456 (TCC)
  • Boardwell v K3D Partnership Property (2006) ADJ CS 04/21
  • David & Teresa Bothma (T/A DAB Builders) v Mayhaven Healthcare Ltd [2007] EWCA Civ. 527
  • Lovell Projects v Legg & Carver BLR 452 (2003)
  • Melhuish & Saunders Ltd v Hurden & Hurden [2012] EWHC 3119 (TCC)
  • Rankilor (1) / Perco Civil Engineering Ltd (2) v M Igoe Ltd (2006) ADJ LR 01/27
  • Wycombe Demolition Ltd v Topevent Ltd [2015] EWHC 2692 (TCC)
  • McClellan v Pudsey [2016], Lawtel 21/9/2016.

PROPERTY

Having spent a number of years in solicitors’ practice as an employed barrister Paul Newman is happy to assist clients with both contentious and non-contentious property work, including landlord & tenant. Equally comfortable in the area of construction law he regularly undertakes work at the interface of the construction and property sectors, including nuisance actions and the preparation of collateral warranties, building licences / agreements and property related bonds and guarantees. He has a particular interest in the law and practice of the party wall legislation.

Paul is authorised to accept instructions direct from members of the public in appropriate cases under the Bar’s public access scheme.

His court work is predominantly in the County Court but as a Fellow of the Chartered Institute of Arbitrators he is well suited to handle matters proceeding in arbitration.

Paul is both a long-standing mediation advocate and an accredited mediator. As mediator he has recently had conduct of two disputes concerning rent charges, a boundary dispute, a TOLATA and a property misrepresentation claim.

He is an experienced CPD trainer. For a number of years he presented an introductory CPD course entitled ‘Boundary Disputes’ at a number of venues in England and Wales for a commercial seminar provider. He has lectured to various professional bodies, including the Law Society and the RICS on topics as diverse as The Law of Parking and De minimis Trespass.

MEDIATION

Building on his principal practice areas of construction and property law, Paul became an ADR Group accredited mediator in 2001. He is also a TecBar listed mediator and is involved with both the Association of South West Mediators and the Association of Wales & Border Counties Mediators. Paul, who has also written extensively on mediation, including several published books, has been involved in a considerable number of mediations, acting either as mediator or as an advocate. Though his mediation practice is substantially based on construction and property disputes he has also mediated disputes in other sectors – general commercial (e.g. franchising, sale of goods and partnership), personal injury, probate, TOLATA and libel.

Paul aims to balance the therapeutic benefit of allowing the parties to get things off their chests with firm but non-confrontational reality testing. As a lawyer with long litigation experience he knows the financial risk and emotional stress litigation brings to most clients. Interested in the psychological drivers underlying disputes Paul actively works to encourage parties to identify where their true interests may lie and to achieve a negotiated outcome.

His recent mediation experience includes two cases relating to the non-payment of rent charges, two employment cases, a boundary dispute, a TOLATA claim and a property misrepresentation claim.

Training and Writing
Paul has lectured and conducted workshops on mediation in the UK, Belgium and Sweden. He is the author of numerous articles as well as being the author of or a contributor to several books on ADR. On request he provides tailored training.

Appointment
If you wish to discuss appointing Paul as a mediator please telephone our Bristol office to discuss fee rates or for a copy of Paul’s standard mediation agreement and information to parties.

PERSONAL INJURY

Paul continues to be involved in a range of personal injury cases for both claimants and defendants. He advises on PSLA awards (including infant quantum) and has conduct of Trials, principally in the following areas:

  • Road traffic accidents, including ones where LVI and fundamental dishonesty arise
  • Slipping and tripping
  • Product liability
  • Employer’s liability
  • Occupier’s liability.

Paul also has extensive experience of credit hire claims for both claimants and defendants. He is instructed to prepare pleadings and CPR part 18 requests / replies as well as having conduct of Trials.

Reported cases (Personal Injury)

McClellan v Pudsey [2016], Lawtel 21/9/2016

Career

Called 1982, Gray’s Inn. He has also worked for a national/international firm of claims consultants and in solicitors’ private practice.

Languages

Speaks French (fluent), German and Spanish.

Memberships

  • RIBA accredited adjudicator (1998)
  • RIBA Professional Conduct Panel
  • UK Adjudicators Panel
  • Fellow of the Chartered Institute of Arbitrators (1999)
  • ADR Group accredited mediator (2001)
  • Clerksroom Mediator
  • TECBAR listed adjudicator, mediator and arbitrator.
  • Member of the Association of South West Mediators
  • Member  of the Association of Wales and Border Counties Mediators
  • Fellow of the Chartered Institute of Arbitrators
  • Member of PIBA, PNBA, SCL and TecBar
  • Member of the Wales & Chester Circuit

Education

  • Graduate of Clare College, Cambridge (BA; MA) Modern and Medieval Languages Tripos (French & Spanish)
  • Diploma in Law, City University, London
  • Council of Legal Education, London

Leisure

Reading (especially English and German history), country walking and following county cricket.

Lawyer Rankings

Regional Bar > Western Circuit > Construction, planning and environment

(Leading Juniors) Ranked: Tier 2

Paul Newman3PBHis practice includes both contentious and non-contentious construction work.

Construction and planning remain mainstay work spheres for 3PB, with Paul Newman undertaking a wide range of construction instructions, and village green specialist William Webster a strong presence in planning matters.