Simon Whitfield

Call 2009

"Mr Whitfield has exceptional skills in giving oral and written advice as well as drafting. He is extremely prompt in responding to requests for advice and drafting, even with very short deadlines."

The Legal 500 2024
Photo of Simon Whitfield


Simon has vast experience as a construction advocate and is routinely instructed on large and complex construction and engineering matters. Formerly a Partner at Squire Patton Boggs, Simon brings a real depth of experience to his work, and has developed a truly niche practice in complex construction cases since transferring to the Bar.

He advises on all aspects of the process from procurement through the whole project life-cycle. He has extensive experience of the traditional standard forms of contract, bespoke agreements, PFI and PPP. He regularly appears in the TCC and frequently lectures at events with TCC Judges.

Simon is a TECBAR accredited adjudicator and also accepts appointments as a mediator.

He has lectured widely (including in China and India) to both clients and professional associations on subjects of current interest. He also teaches students on the Bar Vocational Training Course.

Construction Cases

Appearing in the TCC on an Application under s.67 Arbitration Act 1996 to challenge the award of an arbitrator on the ground that he lacked substantive jurisdiction.

Successfully pursuing a claim in arbitration for a local authority concerning the design of a water culvert extension and thereafter successfully resisting an application under ss.68-69 Arbitration Act 1996 to challenge the award – Halcrow Group Limited v Blackpool Borough Council [2016] EWHC 3596 (TCC).

Advising a firm of engineers regarding its liability to a developer for allegedly negligent design work.

Advising clients in numerous adjudications, including appearances at hearings. Acting for the claimant in its claim against a QS firm for negligent project management.

Acting as adjudicator in a case where the Court of Appeal subsequently considered the imposition of a stay of execution in circumstances where allegations of fraud had not been raised in the adjudication – Gosvenor London Limited v Aygun Aluminium UK Limited [2018] EWCA Civ 2695.

Advising a public transport authority in respect of a contractual right to disclosure of documents – Transport for Greater Manchester v Thales Transport and Security Limited [2012] EWHC 3717 (TCC).

Acting for the responding party local authority in an adjudication brought by a contractor under an NEC form of contract for the construction of a school campus.

Acting for a national contractor in a tunnelling dispute under the NEC form of contract, including early advice and preparing for and appearing at an adjudication hearing.

Advising a registered charity in a professional negligence claim against an architect.

Acting for an airport on issues arising out of the design and construction of a new runway, including dealing with contractual Conciliations.

Advising a transport authority in a complex and major dispute arising out of the expansion of a tram network signalling system.

Acting for a local authority in a dispute concerning the construction of a major public art facility.

Appearing at the trial of a dispute arising out of the renovation of a Listed Building.

Representing two national contractors through to trial in separate disputes over major re-roofing projects.

Acting for a university in a dispute with a design and build contractor under the JCT form of contract.

Pursuing to trial a claim of a contractor arising out works to the clients’ home – Optimus Build Limited v Southall [2020] EWHC 3389 (TCC).

Acting for a port company in a dispute with a dredging contractor under the ICE form of contract.

Advising an engineering systems contractor in a dispute arising out of the design and construction of a power station.

Acting for a government sponsored regeneration agency in a dispute over design issues at a science park.

Advising a Dutch contractor in relation to a gas separation facility in The Netherlands.

Acting for a local authority in successfully defending adjudication proceedings brought under a major PFI contract.

Acting as a mediator in a dispute arising out of the development of a residential area.

Appearing for a contractor in a mediation of a dispute arising out of the design and construction of a restaurant development.

Advising a client concerning the professional liability of an architect under an agreement for the development of a site in France.

Successfully resisting a respondent’s application for the stay of enforcement of an adjudicator’s award.

Acting for a local authority on its claim under the Building Act 1984 in respect of a dangerous structure.