Melissa Shipley

"A brilliant junior barrister, she has a sharp intellect and always has a thorough grasp of both technical and legal aspects of the case." Chambers Global 2022

Melissa acts in a wide range of technically complex construction sectors domestically and internationally: energy (including oil and gas, hydroelectric plants and solar power plants); infrastructure (including roads, bridges and rail); residential and commercial building projects (including ultra-prime developments, hotels, shopping centres and residential schemes); and large-scale PFI projects. She has worked with numerous standard form and bespoke contracts, with particular experience of the FIDIC and JCT forms. 

Cases of note:

• Acted for an engineering, procurement and construction (EPC) contractor in a dispute (with a value in excess of €500m) concerning the construction of a large hydroelectric plant in Africa (amended FIDIC Silver Book).
• Acting as sole counsel for a large mechanical and electrical subcontractor defending a multi-million pound claim in relation to an ultra-prime residential development in London.
• Acting as junior counsel, led by Marion Smith KC, for a co-defendant in multi-million pound TCC litigation relating to the construction of a retail development in the UK.
• Acted as junior counsel for the defendant in TCC litigation concerning the supply and collapse of an allegedly defective crane. The case involved complex issues of contractual interpretation, including the interpretation of contractual indemnities and the application of the Unfair Contract Terms Act. 
• Acted for the contractor in a multi-million dollar SIAC arbitration arising out of the rehabilitation, design and construction of a road of national significance in Asia (FIDIC Pink Book).  Issues included delay and extensions of time, early completion, and the enforcement of dispute board decisions.
• Acted as junior counsel for a Dutch infrastructure contractor in a multi-million Euro delay dispute regarding the construction of the foundations of a production plant.
• Connect Plus (M25) Ltd v Highways England Co Ltd [2018] EWHC 140 (TCC) - Acted as junior counsel for Highways England. The case involved the proper interpretation of a £6.2bn, 30-year PFI contract for the M25 motorway.

A significant proportion of Melissa’s work is the arbitration of high-value and complex international construction disputes. 

Cases of note:

• Acted for the contractor in a multi-million dollar SIAC arbitration arising out of the rehabilitation, design and construction of a road of national significance in Asia (FIDIC Pink Book).  Issues include delay and extensions of time, early completion, and the enforcement of dispute board decisions.
• Acted for the employer in a multi-million dollar SIAC arbitration concerning the construction of commercial premises.
• Acted as junior counsel, led by Marion Smith KC, in an ICC arbitration concerning the construction of a reverse osmosis desalination plant in the Middle East. Melissa acted for the sub-contractor. The amount in dispute was cUS$20 million.
• Acted as junior counsel, led by Karim Ghaly KC, for the employer in an ICC arbitration concerning a US$500m claim/counterclaim arising out of a Caribbean infrastructure project.

Melissa has acted and advised on disputes concerning power projects around the world, including hydroelectric plants, solar power plants, oil refineries and coal mines.

Cases of note:

• Acted for an EPC contractor in a dispute (with a value in excess of €500m) concerning the construction of a large hydroelectric plant in Africa (amended FIDIC Silver Book).
• Advised a power plant contractor in relation to a cUS$300m dispute with its joint venture partner for the construction of a power plant in the Middle East.
• Acted as junior counsel, led by Karim Ghaly KC, for the employer in an ICC arbitration concerning a US$500m claim/counterclaim arising out of a Caribbean infrastructure project.

Melissa has extensive experience of adjudication. She acts and advises as sole counsel in adjudications for contractors and employers, including adjudication enforcement hearings in the TCC. 

Cases of note:

• Successfully represented a main contractor in an adjudication with its subcontractor. Issues included the correct interpretation and application of Option X1 under an NEC3 contract.
• Acted for the Part 8 claimant/Part 7 defendant in Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 1643 (TCC), successfully submitting that it would be unjust for the costs consequences in Part 36 to apply.
• Breyer Group PLC v Adam Michael Scaffolding Services [2018] EWHC 3959(TCC) - Melissa represented the claimant as sole counsel in its successful application for summary judgment for over £2m.
• 4MA Ltd (t/a 4M Group) v Nash [2019] 4 WLUK 210 - Melissa represented the claimant as sole counsel in its successful application for summary judgment, with the judge characterising the defendant’s arguments as “ingenious but…hopeless”.
• BM Services Inc Ltd v Greyline Builders Ltd [2018] EWHC 3884 (TCC) - Melissa represented the claimant as sole counsel in its successful application for summary judgment. The defendant had made allegations of fraud, but these had been considered by the adjudicator and were not a reason to refuse enforcement.