Andrew Kearney


Andrew Kearney

Call  2007 (Inner Temple) (Solicitor, 1992)
Qualifications  BA (Hons) (Christ Church, Oxford University); PG Dip (with Merit) Construction Law and Arbitration, FCIArb, Lord Mustill’s CIArb President’s Prize (Award Writing), former Solicitor
Professional Memberships  Technology and Construction Bar Association, Society of Construction Law, Adjudication Society, Chartered Institute of Arbitrators
Judicial Office  Deputy District Judge (2004 – 2009)
Adjudication  TECBAR accredited Adjudicator, TeCSA accredited Adjudicator
Arbitration  Fellow of the Chartered Institute of Arbitrators, Chartered Arbitrator, CIArb Presidential Panel member

Expertise


Andrew is an experienced dispute resolver and became a Chartered Arbitrator in 2007.  He also has considerable experience as a party representative in Arbitration and in Arbitration proceedings in Court.  Andrew is available for appointment as Arbitrator in commercial and construction disputes.

 

 

Andrew also has wider experience, including as a Judge, and is available to act in commercial disputes.  He for example developed a niche specialism advising providers of social care in relation to the fees properly payable by local authorities.  (In October 2009 he concluded a long running and high profile arbitration and related High Court proceedings for one such provider, where the local authority was represented by a senior QC.  Thereafter he advised over 40 care homes.)  He also recently appeared at trial in the Mercantile Court in relation to a joint venture to build luxury villas in France, involving a subsequent freezing order and an application to commit a party to prison for contempt.

Andrew represents clients in Court, arbitration, adjudication and mediation.  He regularly appears in the TCC in London and on Circuit.  He is the only barrister ranked in Band 1 for Construction on the Western Circuit by Chambers UK (2013). Andrew is noted for his cross examination of witnesses, including expert witnesses.

Andrew also acts as Adjudicator, including acting on 52 related disputes between numerous different parties in 2011, and has advised Adjudicators on jurisdiction mid-adjudication.  He has acted as mediator in multi party construction disputes.  He is currently appointed as Arbitrator on a seven figure sum construction dispute.

Recommendations

The only Barrister rated in Band 1 for Construction on the Western Circuit in Chambers UK (2017), and the only non London Chambers to achieve a Band 1 ranking as a set in England and Wales.

  • “Widely regarded as the Western Circuit’s leading barrister for construction and engineering disputes. A regular at the Bristol TCC, Andrew is frequently instructed in sophisticated and high-profile cases. He routinely represents contractor clients, and is increasingly well known for his adroit handling of matters involving professional negligence elements. ‘Andrew easily holds his own and is a talented advocate with exceptional writing skills.’ ‘Andrew is committed and tenacious, good on his feet, exceptionally hard working and very bright.’ ” Chambers UK, Construction (2017)
  • Bright, articulate and committed.” Legal 500, Construction, planning and environment (2016)
  • “The premier construction practitioner on the Western Circuit, Andrew Kearney receives high-profile instructions from major names on both the contractor and employer sides. He acts in disputes and arbitrations both nationally and internationally. ‘He is committed and tenacious, good on his feet, exceptionally hard-working and very bright.’ ‘His attention to detail is second to none and his trial strategy is very impressive.’ ” Chambers UK, Construction (2016)
  • “Andrew is good at analysing complicated cases and absorbing facts.” Legal 500, Construction, planning and environment (2015)
  • “Andrew continues to be known as one of the go-to construction and engineering barristers outside of London. He has a range of expertise, with recent experience in waste from energy matters, property damage cases and professional negligence-related construction disputes. ‘He is a great intellect, an excellent tactician and tenacious as a litigator.’ ‘It was like watching Muhammad Ali – the witness was left reeling.’ ” Chambers UK, Construction (2015)

Andrew is currently acting for a Yemeni contractor in a USD 60m ICC arbitration in respect of the construction of an oil pipeline.  He is also currently instructed for a JV partner in an ICC arbitration respect of a major road project in Oman.

 

Andrew is an accredited mediator.  He has been a mediator since 2007 and mediates commercial and construction disputes.
Andrew is a mediation panel member of Mediation for Construction (M4C).  He also has wide experience as a party representative in mediation.

Andrew’s construction cases often involve professional negligence claims against engineers, surveyors, architects and project managers, including in adjudication.  He has also advised in respect of valuers’ negligence in property purchases.  Andrew recently represented the project manager in a high profile claim arising out of the near destruction by fire of a landmark listed building during the course of a major construction project.

Andrew has dealt with technical and construction disputes for over 20 years.  He is currently acting for a water undertaker defending a substantial subrogated claim by insurers in respect of the partial demolition and rebuilding of a property.  The allegation is that the subsidence resulted from the washing away of fines and was caused by escape of water from pipes vested in the undertaker.

He has previously acted in cases involving escape of water during construction operations, the partial destruction by fire of a publicly owned landmark listed building and damage caused by tree roots.

Practice Overview

Andrew is widely regarded as the Western Circuit’s leading barrister for construction and engineering disputes. He is a Chartered Arbitrator, and is on the Chartered Institute of Arbitrators Presidential Panel.  He is also an experienced Adjudicator accredited by both TeCSA and TECBAR. He acts in a wide range of energy, construction and engineering disputes and has 20 years’ experience advising developers, end users, national and international contractors, subcontractors and consultants.  He has acted for many household name main contractors.  He also acts in commercial and property cases.

Andrew is also a Regional Co-ordinator for the Society of Construction Law.

Andrew accepts instructions on The (New) Standard Contractual Terms For The Supply Of Legal Services By Barristers To Authorised Persons 2012, available here.

            

Other Expertise

Andrew is a Chartered Arbitrator, and a Fellow of the Chartered Institute of Arbitrators.  He also has 5 years experience sitting as a Deputy District Judge, and is an accredited construction industry Adjudicator.  Andrew is an experienced dispute resolver able to act as Arbitrator in any arbitrable dispute, by party agreement or by nomination.  He is a member of the CIArb Presidential Panel of Arbitrators and holds a current Panel Appointment Certificate.

Mediation

Andrew is an accredited mediator.  He has been a mediator since 2007 and mediates commercial and construction disputes.  Andrew is a mediation panel member of Mediation for Construction (M4C).  He also has wide experience as a party representative in mediation.

Background

Andrew is a former solicitor.  He was a partner at Masons, and latterly a partner and then consultant with Withy King.  Andrew transferred to the Bar in 2007 and is now firmly established as a busy commercial practitioner, often finding himself appearing against Leading Counsel.