Anneliese Day KC is rightly recognised as a Star Individual by Chambers & Partners and as a Tier 1 Leading Silk by The Legal 500 for her Construction practice. From her involvement in one of the most significant construction decisions in Walter Lily v Mackay, through to her wealth of experience in PFI cases, Anneliese is at the top of her field and one of the most in demand construction silks in the world, whether appearing in court or in arbitrations, both internationally and domestically
Her deep knowledge is reflected in the “landmark” report she produced with Paul Morrell OBE for the Government post Grenfell in relation to the safety of the construction products testing regime which has received widespread publicity and critical acclaim.
Anneliese is equally well regarded for her energy work. She is one of the few London silks to operate at the top level in both commercial and construction focused energy disputes in London, the Middle East, the Caribbean, and Asia Pacific. Indeed, it is her ability to combine her deep commercial and construction experience into the field of energy that sets her apart from her peers.
Notable Construction, Energy & Infrastructure Cases
Sky UK v Mace & Others
Acting for Sky in a substantial claim against Contractors All Risk (CAR) insurers, concerning a damaged roof at the client’s flagship premises, Sky Central, requiring major remedial work. The litigation is extremely significant for all parties, particularly given that few CAR insurance claims reach court (most are arbitrated).
Petroleum Company of Trinidad and Tobago v A & A Mechanical Contractors and Co Ltd [2022] UKPC 39
Acting for a state-owned petroleum company in response to an appeal to the Privy Council in London, relating to a contract governing the provision of steelworks.
Independent Review of the Construction Products Testing Regime
Appointed on behalf of the UK Government to lead an independent review of the system for testing construction products, alongside Paul Morell OBE, including in relation to how the current system could be strengthen to provide confidence that construction products are safe and perform as labelled and marketed.
Covalis v Banco BTG Pactual
Acting in an energy-related investment claim concerning contractual agreements and the alleged non-payment of performance fees agreed between the parties.
The National Paediatric Hospital Development Board of Ireland v BAM
Acting in a construction dispute connected with Ireland’s national children’s hospital.
Blackpool Borough Council v Volkerfitzpatrick and Others
Acting for Volkerfitzpatrick in defence of a claim by Blackpool Borough Council regarding alleged defects in the Blackpool Tram Depot.
Premier Inn Hotels v McAleer & Rush and Others
Acting in a claim in the Technology & Construction Court arising out of the cladding issues which led to the Grenfell Tower fire, involving the Premier Inn hotel at Gatwick Airport.
RG Carter Projects v CUA Property
Acting for the defendant in a case in the Technology & Construction Court concerning the historic Cambridge University Arms Hotel and the refurbishment of what is an exclusive accommodation and dining venue in the university city, involving allegations of negligence and misrepresentation.
Equis v Cowan
Acting for the defendants in a multi-million-dollar claim brought in the Cayman Islands against a major Asian private equity group, involving allegations of conspiracy and dishonest assistance, in relation to investments in renewable energy companies.
Atlas Hive Limited v Gerallt Price Davies T/A Sterling Asset Management & WRW Construction
Acting for the claimant in relation to a claim on a construction bond.
Acting in a case concerning how the rules on conflicts of interest affect litigation experts, including in relation to fiduciary duties.
Gwynt y Môr OFTO Plc v Gywnt y Môr Offshore Wind Farm Limited & Ors [2020] EWHC 850 (Comm)
Acting for the operating company of the second largest offshore wind farm in defence of a claim by the purchaser in the Commercial Court. The case involved complex issues relating to the contractual construction of the Sale and Purchase Agreement.
Acting in an arbitration concerning a significant termination dispute relating to the construction of a large data centre for an American technology company.
Instructed to advise on an issue of contractual interpretation in relation to a wind farm in Scotland, specifically relating to breach of contract which led to multi-million-pound losses.
Acting as lead co-counsel in one of the largest SIAC arbitrations heard in 2018 between Samsung and Duro arising out of the Roy Hill Iron Ore project in Western Australia where over $1 billion is in dispute.
Acting on behalf of Capita in respect of a claim brought against it by Morgan Sindall arising out of the refurbishment works at Lancashire County Cricket Club.
Acting in one of the highest value construction disputes in the UK arising out of the construction of a jetty for berthing nuclear submarines at Faslane in Scotland.
Acting on behalf of the developer of an extremely high-profile development in Azerbaijan in an arbitration where our client is being pursued by its construction manager for sums in excess of $60 million.
Acting in a high-profile arbitration in Trinidad concerning Trinidad’s road network following the termination of a $350 million contract with a Brazilian contractor.
Instructed in a complex technical UNCITRAL arbitration arising out of the decommissioning of nuclear facilities in Lithuania.
Walter Lilly v Mackay
Acting on behalf of the winning party (both at first instance and on appeal) in the landmark case, giving her particular expertise in relation to delay and global claim issues at both a theoretical and practical level. Following Walter Lilly, she has been asked to give seminars in a number of jurisdictions, including advising on how the decision can be used in a FIDIC and NEC context.
Acting for Beck Interiors in relation to a dispute concerning the refurbishment of the Lanesborough Hotel in London.
Acting for the successful claimant in a case concerning the former London Stock Exchange. The court ordered a contractor to pay £14.7 million in damages following the failure of toughened glass used to clad a central London office block. The breakages were found to have been caused by the contractor’s breach of its contractual obligations to heat soak all of the glass in accordance with European Standard EN 14179 2005.
Acting on a number of high-profile road related PFI disputes in the UK, including successfully taking all the way to the Court of Appeal a dispute concerning the entirety of Birmingham’s Road network, the largest PFI project in the UK. She also recently appeared in a series of expert determinations and related court proceedings concerning the M25 road network.
Acting on behalf of a UK Port Authority in a significant dispute with a wind turbine manufacturer which was successfully resolved in her client’s favour following the commencement of an arbitration.
Acting on a series of high-profile and complex adjudications for a contractor in relation to the construction of a large wind farm in Scotland which led to the resolution of a five-year dispute, including flying to Scotland at short notice and directing a large number of witnesses and experts in preparation for the adjudications.
Advising an employer on the proposed termination of a large wind farm project.
Acting on behalf of Amec and Morgan Sindall as one of two lead counsel in a claim against the Ministry of Defence relating to Faslane nuclear submarine facility in Scotland in a dispute worth £300 million, one of the biggest disputes in the UK in recent times.
Acting on behalf of a large civil engineering contractor in Northern Ireland in relation to a number of infrastructure disputes, including acting as counsel in the Belfast Harbour Commissioners v McLaughlin & Harvey v Doran, a huge £20 million professional negligence claim pertaining to the plan for the construction of Belfast Harbour.
Acting for the Irish Government in a large road dispute, including successfully defeating a large value adjudication claim.
Acting on behalf of the UK government in relation to an arbitration concerning the termination of a PFI contract with a private contractor concerning military dogs.
Acting for a number of waste contractors in relation to complex PFI disputes involving both joint venture and employer contractor disputes. Her experience in this area includes leading a number of adjudications and advising on related court proceedings in Northern Ireland.
Acting on behalf of a US record company in £40 million dispute against project managers in respect of the construction of an automated distribution warehouse.
Acting for the UK government in a dispute concerning the construction of the M56 and M6 motorway, including successfully pursuing claims against both consultants and contractors.
Acting on behalf of AMEC in a dispute with EDF arising out of the construction of a gas fired power station.
Acting for an airline in respect of a dispute arising out of the faulty construction of aircraft engines.
Acting on behalf of Multiplex in relation to disputes arising out of the construction of Wembley Stadium.
Acting for a contractor in relation to disputes arising out of hotel installations at Heathrow Terminal 5.
Acting on behalf of park managers in respect of a fire at a warehouse asserting to have caused £80 million worth of damage to goods owned by an international clothing retailer.
Successfully overturning an adjudicator’s decision on natural justice grounds. Thereafter instructed in the subsequent £40 million dispute concerning cabling in relation to London Underground.
Acting on behalf of Barnsley College in a four-party dispute with consultants and contractors relating to overheating issues arising out of a new build project.
Successfully defending engineers in relation to an allegedly negligent failure to report on compression failure, including obtaining indemnity costs.
Acting on behalf of Carillion in a five-week trial in Manchester TCC in a final account dispute arising out of a project at Warrington College. After a three-month hearing, Anneliese’s clients were the net receivers of money together with a significant costs award in their favour.
Acting on behalf of a Joint Venture Company in respect of issues arising out of motorway construction in a case involving both English and Scottish law.
