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Patrick Hennessey

“Patrick’s advocacy is first-rate. Incisive and eloquent, assertive if necessary but always courteous. He has meticulous attention to detail, a brilliant way with clients and a very fine mind.” The Legal 500 2023

“He is an absolute star and a delight to work with.” Chambers and Partners 2023

Patrick specialises in commercial, construction and technology disputes. His practice is focused on complex construction and engineering disputes both in international arbitration and UK litigation, with significant experience in transport and energy infrastructure and project finance.

Recommended in leading UK and global directories, Patrick is regularly instructed as sole counsel and junior by domestic and international clients in litigation, arbitration and alternative dispute resolution (ADR). 

Patrick undertakes advisory work for a range of employers, construction professionals and adjudicators and has experience with all major standard form building contracts (JCT, FIDIC, NEC3). Patrick has worked closely with the litigation teams at a number of top tier UK construction and energy law firms and has extensive experience with dispute resolution boards.

Patrick also has considerable international experience, having worked on secondment with a leading international law firm in South East Asia and with an extensive practice in the UAE. Patrick has experience in ICC, LCIA, SIAC DIAC, HKIAC and ad hoc arbitration and has further experience as an arbitrator and secretary to arbitral tribunals.

Areas of expertise

Construction

“Undoubtedly one of the rising stars in construction.”
The Legal 500 2020

Patrick has experience across the full spectrum of construction and infrastructure disputes, including oil installations, nuclear and gas power stations, commercial and retail premises and residential dwellings. Patrick has particular experience in disputes involving PFI-funded public projects (in particular, healthcare and education facilities) and transport infrastructure. Patrick’s construction practice encompasses the Technology and Construction Court (TCC), international and domestic arbitration, adjudication and dispute resolution boards.

As detailed further below, Patrick’s practice has been dominated over the past three years by two particularly significant cases: (i) the Grenfell Tower Inquiry and (ii) the highly complex Northumbria Healthcare NHS Foundation Trust and anor v Lendlease Construction Europe Limited and anor identified as one of The Lawyer Magazine’s Top 20 Cases for 2022.

Patrick is currently acting for a high net worth individual in a complex fraud claim arising from the defective construction of a luxury dwelling complex in prime central London. Patrick has extensive TCC experience, including: 

  • acting for the employer in enforcement proceedings arising from a £10m rail adjudication 
  • acting for the supplier of plant in a multi-party case arising from damage and delay to the works caused by failure of the plant
  • acting for the homeowner in a claim against the indemnifier syndicate of a new build insurance policy for claims arising out of defective construction and remedial scheme, and
  • acting for the contractor in respect of the enforcement of an adjudication decision in a (£5m+) motorway refurbishment agreement.

Patrick has extensive experience acting as counsel in adjudication, dispute resolution board (DRB) and AD  proceedings, including: 

  • as junior counsel for an NHS hospital trust in a DRB dispute arising from the construction and provision of services under the PFI agreement
  • as sole counsel for a main contractor in a complex mediation concerning the allocation of responsibility among various parties for an accident suffered by a sub-contractor employee
  • as sole counsel for the successful employer in a £10m+ adjudication under the High Speed 1 rail link project
  • as sole counsel for Highways England in £10m+ adjudication in respect of defective works to major A road
  • as junior counsel for single purpose vehicle (SPV) contractor in high-value (£10m+) claim for damages and cost of remedial works under complex PFI agreement against construction sub-contractor and associated defence to claim by public body employer
  • as counsel in a number of disputes concerning train and freight operating companies (TOCs and FOCs) in respect of access under the Track Access Contract with Network Rail.

Cases of note:

  • The Grenfell Tower Inquiry - Patrick is instructed as lead junior for one of the key commercial core participants in the Grenfell Tower Inquiry and the associated civil litigation. The inquiry was the most comprehensive and in-depth examination of the construction industry in the UK, and in Phase 2, heard evidence from all the contractors and construction professionals involved in the project and numerous witnesses from product manufacturers, testing houses and civil servants involved in the construction sector at all levels over a period of two and a half years. 
    Patrick has been involved throughout the inquiry monitoring evidence, responding to requests from the Inquiry Team, submitting questions for cross examination and drafting submissions as requested. Patrick has also been heavily involved in the management of the civil claims that were commenced in the High Court against numerous core participant defendants and are currently stayed to allow the progress of a highly complex, highly sensitive ADR process. 
  • Northumbria Healthcare NHS Foundation Trust and anor v Lendlease Construction Europe Limited and anor  - Patrick acted for the claimant NHS trust in a complex, high-value claim arising out of the defective construction of a state-of-the-art emergency care hospital in Northumbria. The case is one of The Lawyer’s ‘Top 20 Cases of 2022’. The case involved such varied and extensive defects that the pleadings ran to many thousands of pages and case management was a critical issue throughout. No fewer than six case management conferences (CMCs) were held, all of which were, in parts, heavily contended by one or more of the nine parties involved. The claimants’ claims were settled on the day before the 12-week trial was due to commence in terms very favourable for the claimants, but the case continues between the other remaining parties. 
  • Alex Gerko v John Seal and ors

International Arbitration

Patrick has significant experience in international arbitration, in particular disputes arising out of a broad spectrum of construction, engineering and infrastructure projects. Patrick has gained invaluable experience working on secondment in the arbitration and dispute resolution team of a leading international law firm in Singapore and in-house with a leading UAW  property developer. Patrick has experience of ICC, LCIA, DIAC, SIAC, HKIAC and JAMS arbitrations, primarily as counsel. He has also benefitted from experience as tribunal secretary and has been appointed as an arbitrator in ad hoc proceedings.

Patrick is currently or recently instructed in ICC proceedings in respect of an advanced agricultural technical complex in Azerbaijan, DIFC-LCIA proceedings in respect of the construction of a resort complex in the UAE and ICC proceedings in respect of the construction of a hospital in the UAE.

Cases of note:

  • HKIAC: Acted as junior counsel for a Chinese state-owned energy company in a US$1bn green energy investment dispute.
  • LCIA Arbitration: Acted as sole counsel for a Dutch technology firm in €10m+ dispute arising from the construction of solar power generation component plant in China.
  • ICC Arbitration: advising contractor in multi-million dollar dispute concerning delay and disruption claims arising from the construction of a US$3.7bn refinery complex in North Africa.
  • ICC Arbitration: advising contractor in multi-million dollar dispute concerning delay and disruption claims arising from the construction of US$3.7bn refinery complex in North Africa.
  • SIAC Arbitration: acting (as foreign legal consultant) for the contractor in SIAC arbitration arising out of a dispute over the construction of a signature engineering project in Dubai.
  • Instructed as sole English counsel (with local counsel assistance) in enforcement proceedings in Tanzania and the UK relating to an ICC arbitration arising out of a dispute over the construction of a luxury resort hotel.

Commercial

Patrick has a broad commercial practice with particular experience of and focus on project finance disputes and disputes arising from joint venture and bonus agreements. 

  • Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC) - Acted as junior counsel for the successful claimant care home provider in respect of a benchmarking dispute under a PFI framework agreement. 
  • Libyan Investment Authority v Societe Generale & Ors (2016-2017) - Acted as junior counsel for the fifth defendant in high-profile litigation arising from the collapse of the Libyan Investment Authority (LIA) in respect of claims brought by the LIA to set aside US$1.5bn of structured investments on the basis of alleged fraud and bribery.
  • Peter Gray v Gibson Dunn & Crutcher CFI-012 02016 - Instructed as sole counsel for the claimant and appellant in the DIFC Court of Appeal in a claim relating to the enforceability of an arbitration clause in contract and underlying US$1m+ claim. Test case for the application of new DIFC employment law provisions. 
  • Duncan Macleod v Mears Group Plc [2014] All ER (D) 15 Jul, [2014] EWHC 3140 (QB) - Acted as sole counsel for the successful claimant in claim for non-payment of a contractual bonus. The case was noteworthy because permission was secured for very late amendment to pleadings and is now cited as an example in the White Book. 

Administrative and Public


Patrick was appointed to the Attorney General’s C Panel (London) and regularly advises on acts for the government in cases concerning matters of defence and security. 

  • Kimathi and ors v The Foreign and Commonwealth Office [2018] EWHC 3144 (QB) - Patrick acted for the Foreign Office in the long-running Kenya Emergency Group Litigation concerning claims for damages arising out of alleged abuse during the Kenya Emergency (the Mau Mau insurgency) between 1952 and 1962. 
  • The Cyprus Colonial Litigation (2014 – 2019) - Patrick acted for the government in test case on historical liability for alleged abuse of Cypriot citizens by UK and Cypriot security forces during the Cyprus Emergency  between 1955 and 1959.
  • The “Snatch Landrover” and “Challenger 2” Claims  - Patrick acted for the Ministry of Defence in test cases on combat immunity arising from the conflicts in Iraq and Afghanistan following the decision of the Supreme Court in Smith and others v MOD [2013] UKSC 410.
  • Al-Sadoon v Secretary of State for Defence [2016] EWCA Civ 811 - Patrick acted for the government in cases relating to inquiries into alleged abuse of Iraqi citizens by UK forces during the conflict in Iraq between 2003 and 2011.

Recommendations

Patrick is recommended in leading UK and global directories for his work in construction and international arbitration.

  • “Patrick’s advocacy is first-rate. Incisive and eloquent, assertive if necessary but always courteous. He has meticulous attention to detail, a brilliant way with clients and a very fine mind.” The Legal 500 2023
  • “He is an absolute star and a delight to work with.” Chambers and Partners 2023
  • “A superb advocate, both on his feet and on paper.” Chambers and Partners 2022
  • “Patrick is a talented and hard-working barrister, with a sharp mind ability to pick up key issues rapidly.” The Legal 500 2022
  • “Undoubtedly one of the rising stars in construction.” The Legal 500 2020
  • “An outstanding junior for his call.” Chambers and Partners 2020
  • “Bring a real star quality and old-school charm to the table.” Chambers and Partners 2020
  • “An advocate well beyond his years of call in terms of maturity and ability.” Chambers and Partners 2018
  • Highly Commended in Legal Week’s Future “Stars at the Bar” 2017