Profile submitted by Sandra Cassels
Specialises in providing strategic construction and engineering dispute resolution advice. Vast experience in providing contentious construction advice in the areas of adjudication, litigation, arbitration, mediation, expert determination and early neutral evaluation. Important cases: Acted as lead partner for Graham Construction in the reported decision from the TCC, Pioneer Cladding Ltd –v– Graham Construction Ltd. Graham Construction applied for and successfully obtained a stay of execution of an adjudication decision. The court had to consider a “novel” point, namely whether the court should consider the actual position of the claimant (Pioneer) at the time the sub-contract was made, or the financial position that the claimant suggested it was in at that time. The court granted Graham’s application to stay the enforcement of the adjudicator’s position on the basis that Pioneer had misrepresented their financial position to Graham despite Graham undertaking a robust vetting process. An important case, welcomed by the construction industry as it recognises the practicalities that are faced when engaging with entities or new companies. It also emphasises the difficult hurdles which the courts continue to apply when considering an application for a stay of an adjudicator’s decision.
Fellow of Chartered Institute of Arbitrators (FCIArb); Member of: Chartered Institute of Arbitrators (CIArb) Panels Management Group; Scottish Arbitration Centre, Arbitral Appointments Committee; Society of Construction Law (SCL)
Partner, BTO (2013-Present); Partner, Burness Paull (2008–2013); Partner, DLA Piper (2000–2008); Partner, Bird Semple (merged with DLA Piper) (1997–2000); Associate, Shepherd + Wedderburn (1995–1997); Associate, Ledingham Chalmers (1993–1995); Assistant then Associate at MacRoberts (1988–1993)