Paul Considine

Barrister

Call date: 2005

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Background

Paul is dual qualified as a Barrister and as a Chartered Engineer with hands on commercial experience which makes him ideally suited to advising and litigation involving complex technical and commercial matters. He takes a practical approach to his client’s problems providing his legal services in the context or real world commercial and engineering realities.

Pauls practice is underpinned by over 30 years of experience gained in industry and commerce across a broad range of industries (oil & gas, nuclear, manufacturing, food & beverage, space, rail and the public sector commerce). Prior to commencing practice at the Bar he spent 17 years as a consultant Chartered Engineer and 9 years as a Commercial and Claims Consultant. His pre-bar experience was obtained working for employers such as British Oxygen Company (BOC), Philips Electronics, British Nuclear Fuels (BNFL), and through various engagements as a commercial and claims consultant for BT, Atos Origin UK, Tubelines Ltd and the Department of Work and Pensions.

His broad based engineering, commercial contracting and claims background has contributed to his expertise in commercial contracting between businesses at all levels from SME’s to blue chip multinational companies and particularly on large scale contracts with a high technical content for the design and delivery of engineering and technology projects. Typically client projects have included R&D, concept and detailed design, supply and build, commissioning and support activities, software development and licensing and related intellectual property matters. He has direct experience on both the supply and purchase sides of commercial contracting and complex contract dispute resolution ranging from small B2B matters up to large scale government projects in the IT and Technology sectors and on civil infrastructure projects involving many levels of contractors.

He has specialist experience in software development contracts and related services including outsourcing and support for projects in commercial and real-time control and measurement applications. He has spent many years dealing with very high value complex IT disputes in government department IT outsourcing projects involving safety & business critical software developments and data protection issues. He has direct experience of engineering software and hardware applications applying Safety Critical Engineering Principles to safety related and business critical projects.

Paul has considerable practical experience coupled with strong analytical skills developed in the regulated industries which typically demand rigorous procedures and documentation. He has previously held security clearance whilst working on nuclear and government projects.

He applies his wide experience and deep levels of knowledge and commercial acumen to assist him in quickly identifying the key issues for his clients in their disputes or their requirements for advisory work. His background also provides a sound base for management of expert evidence and presentation of complex matters to his client’s business partners or opponents and dispute tribunals in both contentious and non-contentious matters.

He has established a practice at the Bar which often relies on his technical background. Following qualifications in Instrumentation and Process Control Engineering he obtained a BSc Honours degree in Electronic Engineering and subsequently his considerable experience and technical skill was recognised when awarded Chartered Engineer status by the Institute of Electrical Engineers in 1992 (now the IET) and Chartered Physicist status by the Institute of Physics in 1993. He went on to study for the bar whilst working as a claims consultant applying his commercial and technical background. He achieved an outstanding grade in Intellectual Property at the BVC and then completed a pupillage in Intellectual Property prior to commencing practice at the Bar covering commercial, chancery, IP & IT and construction matters. He is also a Fellow of the Chartered Institute of Arbitrators and an Accredited Mediator.

Summary of Practice

Paul’s practice covering all aspects of Commercial, Intellectual Property and Industrial and Information Technology and Construction Law. He also has a growing practice in Arbitration, International Trade and Defamation matters. He is particularly strong on cases demanding multidisciplinary experts and in multiparty disputes especially when the dispute is based on a mix of commercial and technology or IP focused matters.

He applies his rare combination of legal, engineering skills and commercial acumen and extensive practical experience to bear on his client’s cases. He takes a determined and thorough approach to his client’s cases whilst always searching for settlement opportunities to his client’s advantage. He has extensive advisory and litigation experience gained in a number of Intellectual Property, Construction and Commercial matters in the County Court, the High Court and the Court of Appeal. He has also appeared and been instructed in cases in the Companies Court, the Bankruptcy Court, the Technology and Construction Court and the Mercantile Court.

He has a wealth of experience in dealing with complex matters and is especially good in forensic analysis of commercial and technical documentation. His broad ranging experience assists him with working with professional and client personnel at all levels of an organisation from skilled workers to small business owners and senior government and corporate managers.

Legal and ADR Instructions

Paul accepts instructions via UK and international solicitors and directly when appropriate under the Public Access Scheme or from other authorised persons under the Licensed Access Scheme. Paul is an ADR Group Accredited Mediator and a Fellow of the Chartered Institute of Arbitrators and has advised and represented clients in mediation and arbitration proceedings. Paul also accepts appointments as a Mediator, Adjudicator, Arbitrator or Expert Determiner. He is a Member of the LCIA and a Panel Member of the recently launched CIArb Business Arbitration Scheme.

Experience

Intellectual Property and Media

Paul has wide experience in intellectual property and related rights advising and representing clients on trademark, copyright, design right, passing off, defamation and data protection issues including contractual matters covering IP issues. During his IP pupillage he assisted in the high profile litigation re the Harry Potter book ‘Harry Potter and the Goblet of Fire’. During pupillage he also assisted in trademark infringement proceedings brought by Fred Perry and went on to represent the Defendant clients as sole counsel in a successful application for permission to appeal, as junior counsel in the Appeal and as sole counsel in consequential hearings. His practice in this area has covered matters ranging from advising clients in contentious and non-contentious matters and representing clients before High Court Masters and in the High Court and Court of Appeal on matters including:

  • Publishing Agreements re books and film
  • Copyright, including international copyright re books, TV programme, film, artwork, website content and reuse of library stock images as new works.
  • Trademark infringement and passing off of international drinks and sports/fashion clothing brands, famous music group and sole artist names,
  • Trademark infringement under a franchise agreement
  • Trademark infringement in web page content and search terms and web page Meta-Tags.
  • Advising on Director Liability for trademark and copyright infringing goods traded by small companies in civil and criminal proceedings.
  • Advising on trademark exhaustion rights re EEA and International imported goods.
  • Design Rights in prints on Tee Shirts and in vehicle monitoring electronic equipment
  • Drafting website terms and conditions for an image database provider
  • Injunctive relief and strike out of Defamation actions

Industrial Technology and Information Technology Related

Paul has extensive experience in advising on software development and licensing issues as well as hardware technology based disputes. His engineering background facilitates a quick understanding of the technical and design issues involved in cases in this area which greatly assists his clients in obtaining and understanding appropriate Expert Evidence in their disputes. Paul has many years of pre-bar non-contentious and dispute resolution experience in the regulated industries such as nuclear, oil & gas and rail as well as the high integrity demands in health care, space, food and drink production, vehicle production, government security and data protection projects. Paul has extensive experience in contracts involving software and hardware for safety critical and business critical applications. He has been involved in advising and representing clients (pre and post bar qualification) in matters including:

  • Contracts for bespoke electronic hardware for radiometric measurement and analysis of gamma and neutron radiation levels
  • Disputed variations re a substantial contract in a safety critical software development application in the nuclear sector
  • Damage to industrial crane and robotic arm manipulator hardware in the nuclear sector
  • Drafting contracts to the value of circa £400M for the supply of bespoke and packaged application software under the Governments Connecting for Health project
  • Drafting contracts for design build and test of hardware and software systems in industrial, space, oil & gas and commerce applications
  • Disputed variations to scope of a high profile government department desktop and date centre system supply and support contract
  • Prime Contractor dispute with supplier and customer for the supply of software and hardware for a nuclear power station control system refit project
  • Drafting contracts for outsourced software development and 24hr-365 day support services for placement with UK, EU and Offshore suppliers
  • Drafting confidentiality and novation of subcontractor supplier agreements on transfer of services procured through a Prime Contractor to a replacement supplier
  • Advising on ownership of software produced under a government development contract
  • Advising on use of premium rate telephone numbers by a web based business.
  • Advising on data protection issues re use of client data collected by web based service provider
  • Drafting terms of web-site use and terms of contract for supply of goods and services for web based suppliers.
  • Advising a Local Authority on breach of contract re performance of a Combined Heat And Power Plant based District Heating Scheme

Commercial/Chancery

Paul has extensive experience in contractual and chancery matters covering a wide range of matters such as breach of contract, shareholder disputes, partnership disputes, breach of commercial leases, bankruptcy and winding up petitions, agency and franchise agreements, breach of trust and fraud and judgement debt enforcement proceedings. He has advised and appeared in courts at all levels and in the specialist courts including actions concerning:

  • Breach of contract and breach of Trust between company directors
  • Breach of Trust and Fiduciary Duty between partners of a restaurant business
  • Shareholder dispute re minority holder claim to take control of a company
  • Fraud by a director of a property company
  • Breach of commercial lease by wrongful repossession
  • Breach of commercial lease re services charges and fraud on business rates payments
  • Petition and Opposition to Winding Up
  • Advising on property sale at undervalue in Bankruptcy
  • Bankruptcy Annulment Petition
  • Advising on negligence of solicitors in buying and sale of commercial leases
  • Drafting Agency Agreements
  • Breach of Franchise Agreements and related intellectual property rights
  • Directors liability under a personal guarantee to a commercial lease

 

Arbitration, Construction and International Trade

 

Paul’s practise in this area is underpinned by his extensive engineering qualifications and experience gained in projects covering design, build construction and commissioning of major industrial projects involving major players in the engineering field. He has wide experience in drafting and negotiating UK and international commercial and trade contracts on projects with values ranging from a few tens of thousands up to multimillion pound schemes using model and bespoke forms of contract. His commercial acumen is coupled with practical knowledge gained from years of onsite experience. His multidisciplinary engineering background ideally places him to assist clients in quickly determining relevant technical issues and the identification and instruction of experts from a range of disciplines. Paul has extensive pre-bar dispute resolution experience in these sectors having been involved in settling a number of high value claims; e.g. re nuclear plant equipment damaged in transit, a Multiparty claim on a nuclear plant retrofit project, claims in connection with a substantial PPI funded underground rail project. He has excellent team player attributes and was involved in a £X0m claim between a UK Government department and a Consultancy Prime Contractor which was reduced after negotiations to a £6m claim determined by a QC sitting as an Expert Determiner. Since coming to the bar he has represented clients in this sector In the County Court and the High Court including a recent 11 day trial in the Technology and Construction Court involving multiple parties and multiple party appointed and joint experts. He has advised and represented clients in matters including:

 

  • Advising a Local Authority on breach of contract under a Frame Work Agreement and JCT D&B agreement for the completion of a school development project
  • Advising a Local Authority on breach of performance of a Combined Heat and Power Plant powered District Heating project prior to extension of the facility.
  • Damages and reinstatement of a fire damaged premises under commercial leases
  • Party Wall Award matters
  • Arbitrators jurisdiction to accept an appointment
  • Enforcement of foreign judgements
  • Breach of contract re supply and servicing of goods under an international by agency/distribution agreement with USA Arbitration clause.
  • Breach of contract re international supply of earth moving plant
  • Stay of High Court litigation proceedings re breach of Franchise Agreement with Arbitration proceedings in India
  • Enforcement of Foreign Arbitration Awards
  • Advising on and drafting Arbitration clauses for various contracts
  • Drafting claims for determination by Adjudication on London Underground projects.

 

Qualifications, Professional Memberships and Associations:

HND Instrumentation & Process Control Engineering

Member of Intellectual Property Bar Association

BEng Honours Electronic Engineering

Member of TECBAR

Chartered Electrical Engineer – UK Eng Council

Member of COMBAR

CPE/PGDL; BVC [BPP London],Diploma in Law

Member of Society of Construction Law

Diploma in Arbitration

Member of Society for Computers and Law

Corporate Member of Institute of Physics

Member of London Court of International Arbitration

Corporate Member of Institute of Technology

Member of Dispute Board Federation – Expert Panel Member

Fellow of the Chartered Institute of Arbitrators

Accredited Mediator: ADR Group Ltd and Regents College London SP&CP

Public Access Registered

 

 

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