Christopher Greenwood

Chris was heavily involved in the drafting and preparatory work on behalf of the successful employer in Trustees of the Marc Gilbard 2009 Settlement Trust v OD Developments and Projects Ltd [2015] EWHC 70 (TCC), concerning the conclusivity of final certificates. The employer was represented by Anneliese Day QC.

Chris was also involved in Co-operative Group Ltd v Birse Developments Ltd [2014] BLR 359, alongside Fiona Sinclair QC and Richard Liddell, defending Birse Developments Ltd in a claim in relation to the construction of internal flooring, external hardstanding and drainage systems at a large commercial distribution centre.

Recent or ongoing instructions in his own right include:

• A challenge to a final certificate made by a contractor, concerning variations instructed following the issue of a completion certificate, the valuation of variations, the exercise of employer’s powers, claims for defects and delay, and a ‘global’ claim.
• An adjudication brought by on employer on the basis of overpayment in respect of works executed, defective and non-compliant work, the additional building and professional costs of completion following a building contractor’s repudiation, liquidated and general damages, and breach of bailment.
• A claim by an employer and his building insurer against a ‘design and build’ contractor and its sub-contractor, for damages in respect of water ingress and damp issues in a basement.
• A defence and counterclaim against an employer for loss of profit and wasted expenditure, and alleging repudiatory breach by denial of access to site, interference with the performance of the contract administrator, the engagement of alternative contractors, and delay in providing payment and instructions.
• An adjudication to be brought by a contractor in respect of unpaid certified sums, non-certification, unpaid VAT, and various loss and expense claims.
• A claim against a contractor for damages in respect of delay and defective construction of a residential property extension, amounting to repudiatory breach.
• A claim against a contractor in respect of defective sewage works, including a failure to warn the employer as to further defects existing in the sewage system.
• A claim brought by a building contractor in respect of alleged breach of contract and conversion, in respect of materials left on site.

Chris also frequently acts in claims brought by and against engineers, particularly in the fields of mechanical, electrical, heating and gas engineering.  Recent and ongoing instructions include:

• An employer’s claim in the Technology & Construction Court in respect of the allegedly defective design and installation of electrical circuits and supply systems to medical equipment.
• An employer’s claim in the Technology & Construction Court, brought by two major British retailers against two electrical engineering firms, in respect of the defective installation, commissioning, testing and certification of electrical switchgear.
• A claim by an employer and his building insurer against a contractor which failed to ascertain the existence of an extant air conditioning and dehumidification system, and consequently recommended that unnecessary equipment be installed.
• Successfully defending a claim brought against a leading British multinational company, in respect of its provision of gas engineering services to third parties under the Department of Energy and Climate Change Warm Front Scheme.
• Advising on the employer’s ability to undertake various electrical engineering works itself, rather than instructing the contractor.

Since 2014, Chris has also gained substantial experience of jurisdictional challenges and other procedural issues arising in construction adjudications involving contractors.  This includes:

• Successfully resisting a jurisdictional challenge made on the basis of inconsistencies as to the sums claimed in the adjudication and referral notices.
• Successfully arguing that the doctrine of without prejudice privilege applies in adjudications.
• Successfully resisting an application by a contractor to submit a rejoinder.
• Advising a contractor in respect of the refusal, prior to the issuing of an adjudication notice, to permit the contractor to access the site.
• Advising on the meaning of the crystallisation of a ‘dispute’, and the circumstances in which the knowledge of a project manager can be imputed to his principal.

Chris has a well-established practice acting on behalf of accountants and tax advisers in respect of claims concerning participation in tax schemes, tax-efficient investments and other tax mitigation or deferral strategies.

In recent years, led by Graham Chapman QC, he was instructed on behalf of the successful defendants in the leading case of Halsall v Champion Consulting Ltd [2017] PNLR 32, and for the same defendants in several other related claims, having a combined pleaded value in excess of £25m.  As of 2019, he is instructed as sole Counsel in a number of High Court claims, defending leading national and international advisory practices in respect of investments in film schemes and property development schemes.

This work dovetails closely with Chris’ substantial practice in defending financial advisors, and Chris is frequently instructed in claims where both tax advisers and financial advisers have been named as defendants, including the Ingenious Film Litigation. Further details may be found in the appropriate tab below.

Chris also has experience of claims involving other tax matters, such as failed inheritance tax planning, income tax and NIC liability in respect of employee incentivisation schemes, employee benefit trusts, and the taxation of pension trusts in respect of residential property.

Away from tax, Chris has also defended claims involving negligent accounting and auditing.

Cases

Chris has a developed a substantial practice acting in claims against financial advisers, is presently retained on a number of claims in the High Court.  His practice covers a broad range of claims against financial advisers, in claims concerning allegedly negligent advice in respect of mortgages and investments, whether made directly or via personal pension schemes. He regularly deals with allegations concerning the suitability of unregulated collective investment schemes, investments with an international flavour (such as foreign property funds and other property investments), alleged recommendations and failures to explain the risks of investments and other financial products, and pensions switching advice, particularly involving block transfers and the tax treatment of allegedly unauthorised payments or investments.

As of 2019, Chris is instructed as sole Counsel on behalf of several financial advisers in the Ingenious litigation, a claim brought by around 300 taxpayers, mostly former professional sportsmen. He is also acting as sole Counsel on behalf of a leading financial advisory firm in respect of an investment in a related Ingenious film scheme, and a Gibraltar-based company alleged to have recommended a £2.5m investment in the ill-fated CWMFX foreign exchange investment.

The tax-related elements of this work dovetail closely with Chris’ well-established practice acting on behalf of accountants and tax advisers, details of which may be found under the appropriate tab above.

Chris has also benefited from several months spend on secondment at a specialist professional indemnity firm in the City, which is ranked in Chambers & Partners as a leading firm for professional negligence work in respect of financial practitioners. During this time, Chris worked directly for the author of the chapter on financial advisers in Simpson: Professional Negligence and Liability, and gained substantial experience of claims against financial services professionals, as well as related claims against product providers.  This work involved claims in the civil courts and before the Financial Ombudsman Service.

Cases

Chris has now developed a considerable practice in respect of claims brought business owners against insurance brokers, and since 2017 he has been instructed as sole Counsel in a number of Commercial Court and other High Court actions.  He is regularly instructed in claims where the client has found itself uninsured, including where the insurer has successfully avoided cover on grounds of misrepresentation, material non-disclosure and breach of warranty.  He also has experience of claims where brokers are alleged to have failed in their duties once policies have incepted, and has also has developed a particular interest and specialism in claims for consequential loss based on non-indemnification.  Chris also acts in certain claims brought by private individuals.

This area of work increasingly dovetails with Chris’ substantial practice in claims against financial advisers, particularly in respect of critical illness and life insurance cover.  Further details may be found under the appropriate tab above.

Cases

Chris has built up a thriving practice acting both for and against solicitors. He is frequently instructed in claims with an underlying subject matter of a litigious, matrimonial, tax, commercial or conveyancing nature, including Sale & Rentback schemes, and the Right to Buy provisions.

Chris is most often instructed on behalf of solicitors, but is also regularly acts on behalf of banks and private lenders. Chris has substantial experience of claims involving breach of trust and breach of undertaking, as well as more common contractual and tortious claims for breach of the lender’s terms or CML handbook, particularly where the alleged breaches result in properties being occupied by individuals claiming to have interests which are binding on the lender.  Chris also acts for private clients, including purchasers and lessees of commercial and residential property.

Chris is also being instructed with increasing regularity in claims against barristers, including contribution or Part 20 claims brought by solicitors in respect of allegedly mishandled litigation.

In all of his work, Chris has benefited from a cumulative 6 months’ first-hand experience of the day-to-day work of litigation solicitors and claims handlers, having undertaken a number of secondments at leading professional indemnity firms in the City.

Cases

Chris has built a substantial practice acting for and against surveyors and valuers, in claims brought by both lenders and purchasers of commercial and residential property. He combines his experience in this area with his work in the related field of construction claims and claims against constructional professionals, and is comfortable in dealing with those claims concerning alleged defects in buildings, as well as allegations of commercial overvaluation.  Chris also has substantial experience of corporate valuation matters.

Chris was recently instructed as junior counsel to Justin Fenwick QC and Graham Chapman QC, to act on behalf of CBRE in the case of Gemini (Eclipse 2006-3) Plc v CBRE Limited and Warwick Street (KS) LLP, a securitised lender claim seeking damages in excess of £230m.

More generally, Chris has considerable experience in claims brought by both lenders and purchasers in respect of the overvaluation of properties, and claims against building surveyors who are alleged either to have failed to identify structural defects in property. He has advised and acted on a wide range of valuation issues, including the applicability of the ‘bracket’ to portfolio cases and structural reports, various recoverability issues in lender claims, and allegations of faulty lending practices.  In addition, Chris is frequently instructed to act on cases with limitation issues, including arguments under s.14A and the valuation of borrowers’ covenants.

Away from real property, Chris’ involvement in corporate valuation matters includes the valuation of unlisted companies, as well as those listed on various stock exchanges, including the Alternative Investment Market and Channel Islands Stock/Securities Exchanges, as well as the FTSE Main Market.

Claims against surveyors and valuers frequently also involve contribution claims against solicitors, and vice versa, Chris is regularly involved in both bringing and defending such actions. Further details may be found under the appropriate tab above.

Cases

Chris is regularly instructed to defend property agents in claims brought by landlords, tenants, and purchasers of property.  His work in this area focuses on claims brought by commercial landlords against surveyors and property agents in their capacity as property managers, and he is familiar with the RICS standards and guidance notes applicable to this field of work.  As of 2019, Chris is led by Jamie Smith QC in a claim by the Crown for over £4m, brought against a leading national firm of property managers following the outcome of Crown Estate Commissioners v Wakley [2016] EWHC 3610 (Ch).

Chris has also co-ordinated numerous training seminars provided by 4 New Square on this area of law, combining his approach to professional negligence work with his knowledge of substantive landlord and tenant law.

Cases

Chris has built a substantial practice acting both for and against construction professionals, including architects and planning experts, contract administrators, project managers, structural and related engineers, and quantity surveyors. He has experience of claims brought against these professionals by third parties.  Chris regularly appears in the Technology & Construction Court, and is also frequently instructed on adjudications. He is a member of the PNBA, TECBAR and the SCL.

As of 2019, Chris is instructed as sole Counsel on behalf of designers of cladding installed to a hospital in Blackburn, and also the designers of window panels to a major hotel development in Manchester.

This area of professional liability dovetails with Chris’ construction and engineering practice, including acting for and against mechanical, electrical, heating and gas engineers. It also combines with his experience in the related field of professional negligence claims against building surveyors, further details of which may be found under the appropriate tabs above.

Cases

Chris is regularly instructed on behalf of mortgagees and receivers to deal with a variety of mortgage-related claims.

He is frequently instructed on possession and money judgment claims, including in cases where arrears have been cleared or capitalised, previous proceedings have failed, or the lender relies on subrogation.  He also has experience of possession issues arising out of disclaimed property.

In addition to possession claims, Chris deals with a variety of claims brought by borrowers, including allegations that lenders have sold property at an undervalue, claims against lenders alleged to have charged or incurred improper or unnecessary fees and charges (including claims where lenders have made payments to freeholders), allegations by borrowers of deceit, undue influence, misrepresentation, and non est factum, and issues arising under the Consumer Credit Act 1974.

Chris’ sound grounding real property law means he is also comfortable dealing with the priority issues that frequently arise in mortgage litigation, including in relation to ‘all monies’ charges, rights of consolidation and tacking, and competing charges.  He has substantial experience of applications for alteration or rectification of the Land Register.

Chris has advised and acted in numerous commercial and residential landlord and tenant claims, representing landlords, LPA receivers, estate agents, property managers, leaseholders and tenants.  On the commercial side, he has advised in relation to the renewal of business leases under the Landlord and Tenant Act 1954, and on covenants against letting in long leases.  On the residential side, he is familiar with assured shorthold tenancies, claims for possession, issues concerning deposits, and claims by landlords and tenants in respect of repair covenants or dilapidations.  He has also appeared on behalf of a long leaseholder in a service charge dispute in the Upper Tribunal (Lands Chamber).

Chris has also advised and acted on more general real property issues, such as charges and charging orders, overriding interests and easements, particularly in the context of lenders’ claims and other claims against conveyancing solicitors, estate agents and mortgage advisers.  He also advises and acts on misrepresentation claims brought by sellers against purchasers.