Local Authority View #54
26/07/2023
July 2023 #54 Your round-up of local authority related news and views
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I am a litigation partner with over 15 years’ experience in commercial litigation and projects disputes, including having worked on a number of reported cases.
My clients come from a variety of sectors and services and include local authorities, central government bodies, healthcare bodies, financial institutions, private companies and shareholders.
I advise on a wide range of litigation matters, including commercial and contractual disputes, PFI/ projects disputes, professional negligence claims, construction disputes, corporate and breach of warranty claims, shareholder dispute and breach of confidentiality claims.
I deliver straightforward and cost-effective legal advice and regularly deal with all forms of dispute resolution, including Court proceedings, adjudication, expert determination, negotiation and mediation.
My aim is to get to know my client’s business and strategic aims and to implement that in the most effective and practical way.Judith Hopper has sound judgment and effortlessly manages her team. She never gets flustered, has a commercial viewpoint and achieves fantastic results.
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PFI/ PPP
- Acting for a local authority in successful Court of Appeal win against service provider in an issue of contractual interpretation arising from a PFI contract for highways maintenance worth approximately £2.6 billion.
- Acting for a government body in successful High Court win against DBFO Company providing services in connection with major motorway.
- Acting for a local authority in successful adjudication win against service provider on an issue of contractual interpretation worth approximately £5 million on a highways PFI worth approximately £730 million.
- Acting for a local authority in an expert determination arising from a claim by the service provider for additional payments under an incentive scheme of approximately £ 1 million under a waste PFI.
- Acting for an NHS Trust in respect of various disputes arising from a PFI contract for the building of a new hospital worth approximately £7 million. Case settled during negotiation stage of DRP.
- Advising local authority on dispute over insurance gain sharing provisions in a waste PPP project.
Commercial litigation
- Acting for a food distribution company in a dispute for approximately £3 million arising from the termination of an exclusive agency agreement. Case settled at mediation.
- Advising public body on invoicing dispute worth £5 million for major IT contract involving complex estoppel arguments.
- Advising manufacturer on claim for £6 million for breach of warranties and misrepresentation arising out of sale and supply of mastic. Case settled after disclosure and mediation.
- Acting for a group of investors to a joint venture where the investors were excluded from management and where the other party made a nominal offer for a share of the business. Steps taken including threatening winding-up petition and agreeing expert determination which ultimately valued the business at £3.1 million.
- Acting for a local authority in a dispute of approximately £1.6 million relating to Retendering Information provided under a waste contract.
Professional negligence
- Advising local authority on professional negligence claim arising from Deed of Variation for an energy/ waste PFI.
- Acting for a bank in multi-million pound professional negligence claim against monitoring surveyor for failing to properly advise as to numerous defects, including significant fire safety issues. Case settled at mediation.
- Acting for a bank in a high value professional negligence claim arising from failure to advise correctly on overage provisions. Case settled at mediation.
- Representing public body bringing claim for professional negligence against former solicitors for £2.6 million arising from failure to enter into a Deed of Variation before the expiry of a break notice in a lease. Case settled at three party mediation with costs contributions from the property agent as well as the solicitors.
Construction
- Acting for international logistics company on claim for payment of outstanding invoices arising from installation of complex mechanical plant.
- Acting for a local authority in a claim arising from the installation of energy saving measures where significant issues had arisen in respect of fire stopping and where deductions of approximately £900,000 had been made. Experts instructed on fire safety issues.
- Representing local authority in adjudication arising from significant delays to a conversion project where the contractor was claiming approximately £2 million in delay claims/ loss and expense.
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Dishonest conduct in legal proceedings
17/11/2022
How far will the courts go to discourage dishonest behaviour?
Maintaining privilege whilst rectifying defects
25/10/2022
Lessons learned from Northumbria Healthcare NHS Foundation Trust and another v Lendlease Construction (Europe) Ltd and others...
The Building Safety Bill - Next steps
18/02/2022
Building Safety Bill to go to House of Lords’ Committee Stages - 21 February 2022
The use of sampling in construction and negligence claims: Court of...
06/12/2021
Building Design Partnership v Standard Life Assurance Limited [2021] EWCA Civ 1793
Building Safety Bill: What Happens Next?
08/10/2021
Is Pre-Action Protocol correspondence sent in other proceedings...
28/07/2021
Case review: Court of Appeal case of Victorygame Ltd & another v Ahuja Investments Ltd [2021] EWCA Civ 993
Biosol Renewables UK Limited v Lovering [2021] EWHC 71 (Comm)
21/05/2021
Commercial Summary and Practical Implications
Indemnity costs: the true cost of defending adjudication enforcement...
10/05/2021
Faithdean Plc v Bedford House Ltd (No.1) [2021] 3 WLUK 62
Restrictive Covenants: What is reasonable?
07/04/2021
Lessons learned from Delivery of Major Infrastructure Projects
16/02/2021
The 39th report of the House of Commons Committee of Public Accounts
Cabinet Office issues Guidance Notes for Construction Contracts -...
08/04/2020
Agreeing your approach to payment support and other reliefs
Yorkshire: Tackling Climate Change
05/03/2020
Government launches consultation on use of sprinklers in high-rise...
20/09/2019
Consultation closes 28 November 2019
... a master tactician.
Judith's areas of expertise
- Central Government & Agencies
- Energy
- Energy from Waste
- Biomass
- Carbon Capture Usage and Storage
- Financial Services
- Housing & Regeneration
- Infrastructure
- Highways
- Local Government
- Manufacturing
- NHS
- Resources & Waste
- Waste Collection
- Waste and Energy PPP Schemes
- Banking & Finance
- BB Solutions
- Mediation
- Commercial
- Injunctive Relief
- Contract Management
- Commercial Dispute Resolution
- Outsourcing & technology disputes
- Collective Actions
- Breach of warranty claims
- Litigation & dispute resolution
- Partnership & shareholder disputes
- Competition Law
- Construction & Engineering Overview
- Advisory
- Construction and Engineering Contracts
- Construction and Engineering Disputes
- Corporate
- COVID-19 Advisory Service
- Facilities Management
- Welcome to GC Exchange
- ICT
- Insolvency & Asset Recovery
- Asset Tracing
- Insolvency procedures and disputes
- Debt Recovery and Recovering Overpayments
- Litigation and Dispute Resolution
- Primary Care Premises
- Professional Negligence
- Reputation Management
- Social Media
- Secured Lending