Keating Chambers

Mercy Milgo acts as a specialist advocate in construction disputes, with a particular interest and expertise in fire safety/cladding, energy, and related professional negligence claims. She undertakes both domestic and international work in her own right and as Junior Counsel as part of wider legal teams.

Mercy regularly appears in Court, tribunals and adjudications. She has recently been instructed:

• in an ongoing c. £55 million multi-party TCC claim concerning alleged structural defects and involving applications for Building Liability Orders under sections 130–132 of the Building Safety Act 2022 (led by Simon Hughes KC);
• in a multi-million-euro international arbitration (ICC) five-week trial concerning the use of a pioneering anaerobic digestion technology at a waste-to-energy plant (led by Fionnuala McCredie KC and William Webb KC);
• as sole Counsel in a Remediation Order, Costs, and Case Management hearing in the First-tier Property Tribunal (Property Chamber), in an ongoing c. £3.3 million multi-party dispute regarding alleged structural, fire safety and water ingress defects in a residential development;
• as sole Counsel in a c. £5.5 million professional negligence adjudication concerning alleged fire safety (cladding, insulation, and cavity barrier) defects in a large student residential development (acting on behalf of the Responding Party architect); and
• as sole Counsel in the High Court (TCC) to seek the enforcement of a £1.3 million adjudicator’s decision.

Mercy has experience with all common standard forms, including the JCT, NEC, FIDIC, as well as bespoke construction contracts and PFI agreements. She has a particular interest in NEC and is a contributing author of Keating on NEC (2nd edition). She is also a contributing author of Keating on Construction Contracts.

Mercy is a member of the Attorney General’s Junior Counsel Scheme. She was involved in the UK Covid-19 Inquiry (Module 4) as part of the counsel team instructed by the UK Department of Health and Social Care.

Having grown up in Kenya, Mercy is also fluent in Swahili and is familiar with issues affecting the construction and energy industry in the EAC and the wider African region. She recently spoke at the 2025 Construction Law in Africa conference held in Johannesburg, South Africa.

In her practice, Mercy draws on her previous varied legal and non-legal experiences: as a secondee to the construction and engineering department of a leading regional law firm, as a marshal to Coulson LJ in the Court of Appeal, as a Legal Researcher and as the elected BCL course representative at the University of Oxford.