Robin Jack

• Advising a UK local authority in defending claims totaling GBP 110 million arising from the construction phase of a project to extend a metropolitan light rail system in England. Responsible for developing and running a multi-party mediation process to resolve the 30 most significant claims. Matter concluded 2020.
• Acting on behalf of Highways England Company Limited (a company wholly owned by the UK government) in the defence of a High Court action arising from the GBP 6.2 billion PPP project for the design, construction and operation of the M25 London orbital motorway. Responsibility for managing the production of key witness statements in this fact heavy dispute relating to the interpretation of payment mechanism provisions. See Connect Plus (M25) Limited v Highways England Company Limited [2018] EWHC 140 (TCC).
• Advising a syndicate of international banks in respect of a distressed PFI project within the UK highways sector and providing an evolving advisory and risk management strategy throughout various High Court applications, an expert determination and High Court proceedings. See Portsmouth City Council v Ensign Highways Ltd [2015] EWHC 1969 (TCC).*
• Acting on behalf of a secondary market infrastructure investor in respect of disputes arising from a PFI project at a major hospital in the northwest of England. The dispute relates to legacy construction defects (involving a multi-storey carpark and cladding system) as well as issues of limitation. Matter ongoing.
• Acting on behalf of co-investors in a PFI SPV in a dispute relating to the interpretation of maintenance provisions and lawfulness of a substantial deductions profile in a major hospital in the southeast of England. Matter ongoing.
• Acting on behalf of co-investors in a PFI SPV in the investigation and development of a claim in respect of pipework defects in a medium temperature hot water system at an acute hospital in Scotland. Responsibility for managing the technical investigations involving five experts and subsequently developing a claim against the construction contractor, independent certifier and facilities management contractor. Matter concluded in 2020.
• Advising a major international infrastructure investor in multiple disputes relating to defective firestopping on a PFI project for the design, construction and operation of 8 schools in the north of England. Providing long term strategic advice and acting on disputes with the local authority, construction joint venture and facilities management company as well as funder liaison. Matter ongoing.
• Acting on behalf of a multi-party owned SPV on a school PFI project in the North West of England. The advice related to the SPV's options and strategy with regard to the local authority, construction contractor and FM contractor in the context of widespread construction defects and service failures. Responsible for managing two successful adjudications and developing and concluding a multi-party holistic settlement process.*
• Acting on behalf of a secondary market infrastructure investor in resolving widespread construction, lifecycle and maintenance issues on three newly acquired social housing projects in London. Providing routes for recovery on historic issues whilst also advising on strategies for returning the projects to “steady state” for the remainder of the concession. Matter ongoing.
• Acting on behalf of Oldham Metropolitan Borough Council in the defence of a High Court action relating to a LIFT project for the construction and operation of leisure facility. The dispute concerned fundamental issues of contractual interpretation relating to the operation of the project's payment mechanism as well as various construction defects. See Community 1st Oldham (Chadderton) Limited v Oldham Metropolitan Borough Council [2015] EWHC 1263 (TCC).*

*Denotes experience from a previous firm