Anthony Philpott

Call: 1987

Practice areas

Public access

Anthony is a former in house Legal Counsel with construction giant Bovis Lend Lease Limited (now Lend Lease) a multi-national project management and construction company where for eleven years from 1998 to 2009 he successfully conducted high value Litigation and Adjudication proceedings, including a multi-million pound dispute that was heard in Technology and Construction Court of the High Court and which was settled through Mediation.

Anthony is a former in-house Litigation Solicitor with First National Bank, then part of the Abbey National Group, where he conducted consumer credit and mortgage repossession litigation. Anthony appeared as advocate in very many hearings in chambers and in open court, in property/consumer credit disputes and mortgage repossessions cases.

Civil Litigation

Anthony has a background in industrial injuries personal litigation from being trained in the Legal Department of Imperial Chemical Industries and in the specialist personal injury law firm Pattinson & Brewer. Anthony was commended by the trial judge for the preparation of a high value and lengthy mortgage possession action of considerable complexity and involving thousands of documents when with First National Bank. Anthony appeared in and successfully defended a personal injury claim in a trial against a building contractor, after an employee fell from scaffolding on a building site.

He routinely appears in interlocutory hearings in the County Court and has been appearing in the Technology and Construction Court of the High Court and County Court in construction disputes in recent years.

Construction

Anthony has comprehensive knowledge and experience of Litigation and ADR in construction Adjudications, Arbitrations and Mediations.

He has conducted adjudications against leading London city construction law firms in submitting Notice of intention to Adjudicate and Referral Notices, conducting arguments over jurisdiction of the adjudicator and natural justice legal and contractual arguments in general.

He has drafted pleadings and essential documents in litigation, Arbitration and Adjudication.

He has conducted litigation in the Technology and Construction Court of the High Court (including in the enforcement of the Adjudicator’s decision).

Anthony has a comprehensive knowledge and experience of Housing Grants Construction and Regeneration Act 1996 (as amended) and case law on enforcement of Adjudicators’ decisions in the Technology and Construction Court. Anthony has an in depth knowledge of every form of standard building contract.

He has advised on tender documents and terms and conditions and drafted amendments over many years.

He has advised on all associated contract documents of bonds, guarantees, collateral warranties, novation agreements and consultants’ appointments.

He has negotiated with leading city law firms on every type of building contract.

He has particular knowledge and experience of negotiation and drafting of Private Finance Initiative Hospital projects and Building Schools for the Future Facilities (BSF) Management contracts.

Anthony has a comprehensive knowledge of all Private Finance Initiative contractual documents.

He has drafted, negotiated and advised upon Facilities Management BSF contracts and Medical Equipment contracts and sub-contracts with suppliers on three major hospital projects at Havering and Roehampton in London and Leeds Oncolo12:v and Building Schools for the Future.

Construction wins for Anthony Philpott in Court and in Arbitration

In the last two years, as a Direct Public Access Barrister with the right to conduct litigation in construction disputes, I successfully represented a Claimant builder in an Arbitration related to the construction of a house in which the Arbitrator awarded a significant sum claimed plus costs after a standard form of contract had been put in place and signed by the parties, and which contained an Arbitration clause.

In the reported case of Lane End Developments Construction -v- Kingstone Civil Engineering [2020] 1BLR Part 9 at page 599 November 2020, I appeared as Direct Public Access Counsel with authority to conduct litigation and to appear in court as advocate for Kingstone Civil Engineering in a claim for enforcement of the Adjudicator’s decision. The Technology and Construction Court decided that this technical breach had the effect of depriving the Adjudicator from having jurisdiction to determine the dispute.

Last year in the unreported Technology and Construction Court of the High Court in Wintech Modular Projects Limited -v- Graybuild Limited HT-2021-000-262 I obtained summary judgment of a sum in excess of £50,000 awarded to my construction sub-contractor client plus interest and costs after a contested hearing.

Last year in the Plymouth County Court, in the case of Lester Corporation Limited -v- Dr Fateh Omar Rahim G01YX207, I represented my Defendant property developer client in a trial and helped him defeat a claim against him in connection with a multi-million pound development.  I conducted the case as litigator for the Defendant and appeared as Counsel in the three- day trial. The court agreed with my submissions that a binding contract had not been made so that the breach of contract claim failed. My client was awarded indemnity costs against the Claimant company and a Director of the company.

This month in an Adjudication enforcement claim of Mayo Civil Engineering Limited v Beaumont Morgan Developments Limited HT-2021-000459 that I commenced in the Technology and Construction Court of the High Court on behalf of an unpaid Building Contractor I obtained judgment for them of circa £300,000 inclusive of interest and costs.

Contractors and Developers can instruct Anthony Philpott without going through a solicitor to run your cases through to a final hearing, when he will represent you as Counsel. This is a “one stop shop” that enables you to cost effectively engage a single lawyer to represent you throughput your case, in the same way as a US Attorney.

Employment

Anthony is a highly experienced Employment Tribunal and Employment Appeal Tribunal advocate in all manner of employment claims, stretching over many decades. He prepares claims for individuals and provides representation at the Employment Tribunal and in the Employment Appeal Tribunal. He has achieved substantial settlements for Claimants. In a recent claim for Unfair Dismissal and Associative Disability Discrimination brought by a nurse caring for her autistic son he negotiated a substantial and confidential settlement at the door of the Tribunal. In another claim brought by a Manager alleging bullying and disability against a major mortgage lender, he negotiated a high settlement, representing the maximum possible award for unfair dismissal compensation.

In another claim in recent years he negotiated the maximum amount of Unfair Dismissal compensation for a high-ranking Commercial Manager of one of the country’s largest transport infrastructure providers.

Banking / Mortgage Lender and Consumer Credit litigation

As a former in-house Litigation Solicitor with First National Bank, then part of the Abbey National Group, he appeared as advocate in very many hearings in chambers and in open court in property/consumer credit disputes and mortgage repossessions cases.

He prepared numerous appeals in the County Court and to the Court of Appeal including reported cases.

Commercial Contracts / Construction Contracts: Procurement and Documentation

He is experienced in working with an array of commercial agreements and has frequently undertaken contract drafting and negotiating on a range of commercial agreements. He has significant experience of the Built Environment through the negotiation of contracts for and with employers, contractors, subcontractors and consultants with contracts ranging from relatively small sums to tens and hundreds of millions of pounds.

As Legal Counsel with Bovis Lend Lease he advised on and negotiated every type of construction contract and represented the company on major projects.

Commercial Property and Housing

During his time as in-house solicitor at Bovis Lend Lease he oversaw the company leases, involving complex drafting, negotiation of commercial leases and licences, rent review, alienation, notices of renewal and negotiated dilapidations settlement agreements, break notices and statutory renewal notices.

He has experience of Commercial lease disputes in the County Court and Court of Appeal, housing actions for disrepair in the County Court and in environmental health matters in the Magistrates Court.

Education

  • 1980: Polytechnic of the South Bank, BA Hons Law
  • 1992: King’s College University London, Master of Science in Construction Law and Arbitration *

Memberships

  • 2013 to present: Member of the Society of Construction Lawyers
  • 2005 to present: Member of the Chartered Institute of Arbitrators
  • 1994: Admitted as a Solicitor – dual qualified as Barrister and Solicitor

Publications

  • Coming of Age on Age Discrimination in Employment Law – published in the Solicitor’s Journal
  • Playing the Waiting Game on ill health dismissals in Employment Law –published in Tolley’s Employment Law
  • The independence of the in house lawyer, a warning from history – published in the International In House Journal Volume 2 No 6 in Winter 2009, 902
  • Alternative Dispute Resolution – The Preferred Option in the UK Construction Industry – published in the International In House Journal Volume 2 No 6 in Summer 2009, 1269
  • The Operation of Adjudication and Litigation in Construction Disputes in the UK –  published in the International In House Counsel Journal No 34 Volume 9 in Winter 2016, 3773
  • The Consequences of Part 36 Offers in Civil Litigation published in the International In House Counsel Journal Volume 10 No 39 Spring 2017, 4723
  • Staying the Court Enforcement of a UK Construction Adjudication on the Grounds of Fraud, Where There are Company Voluntary Arrangements or Where There is Insolvency – published in the International In House Counsel Journal Volume 12 No 49 in Autumn 2019, 6233
  • LLP to have and have not (on legal professional privilege case law) published in Counsel Magazine in January 2018
  • He Who Pays The Piper: The Independence of Experts in UK Construction Disputes and Civil Procedure Rule 35 published in the International In-House Counsel Journal Volume 13 No 51 in Spring 2020, 6449
  • Both sides now – The return of Arbitration in construction disputes in the United Kingdom? Published in the International In-House Counsel Journal Vol 14, Number 57, Autumn 2021 7417