PFI perspectives - Reviewing the infrastructure landscape
28/11/2024
Part 1: The positives and challenges of PFI and opportunities for the future
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I am a litigation partner with 20 years’ experience in commercial litigation and projects disputes, including having worked on a number of reported cases.
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. I am a member of the Chartered Institute of Arbitrators.
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, IT disputes, professional negligence claims, construction disputes, corporate and breach of warranty claims, shareholder disputes and breach of confidentiality claims.
Judith Hopper is an outstanding partner. Clients love her. She has a real ability to get to grips with the real issues quickly on complex and high-value litigation.
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.
After 3 years as our Training Principal Partner, I am proud to have been appointed to the Board as our Lead for Responsible Business in May 2024.
Judith Hopper led the team to ensure the best outcome for the business with expertise, tenacity, and adaptability throughout.
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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 central government body in successful adjudication win arising from insurance gain sharing provisions in health PFI.
- 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.
- Advising two local authorities on expiry of education PFI projects.
- 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 a Project company to a DBFO contract on claims for delay/ damages arising from delay to commencement of project.
- Advising sub-contractor on waste PFI on deductions made due to special arrangements during COVID.
- Advising local authority on urgent settlement agreement after parent company to SPV said it would withdraw financial support to ensure continuity of services.
- 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.
- Advising two local authorities on expiry of education PFI projects.
- 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.
Commercial litigation
- Acting for a financial institution in respect of several multi-million pound disputes arising from the disaggregation of an IT contract, including supporting client in negotiations to settle the claims and terminate one contract.
- 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 an expert determination in respect of a claim by a contractor for approximately £7 million arising from an information warranty in a waste contract. Case settled at mediation.
Professional negligence
- Advising local authority on professional negligence claim arising from Deed of Variation for an energy/ waste PFI valued at approximately £30 million. Case settled at mediation.
- 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 an NHS Trust in two adjudications relating to design for new hospitals under NEC4 Contracts. In the first claim, 90% of the Compensation Events were defeated; in the second claim, 100% of the Compensation Events were defeated.
- Acting for international logistics company in adjudication 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. Adjudication win arising from installation for defective claims. Experts also instructed on fire defects, water ingress issues and structural defects with approximate claim value of over £25 million.
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PFI perspectives - Reviewing the infrastructure landscape (Part two)
05/12/2024
Part 2: Opportunities and solutions for the remaining term of PFI projects
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House of Commons PAC report, the future of smart contracts & a review of case law on liquidated damages, restrictive covenants and...
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Building Design Partnership v Standard Life Assurance Limited [2021] EWCA Civ 1793
Building Safety Bill: What Happens Next?
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Is Pre-Action Protocol correspondence sent in other proceedings...
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Case review: Court of Appeal case of Victorygame Ltd & another v Ahuja Investments Ltd [2021] EWCA Civ 993
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27/07/2021
This seminar provided a practical summary of the practice direction and is aimed at in-house lawyers
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
Judith Hopper is an exceptional partner. Very down to earth and able to vary communication delivery to interact with any party at the appropriate level. Judith is excellent at finding a solution to complex issues, even when stakeholders on the same side have differing views and agendas.
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
- Clinical 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
- Advisory
- Construction and Engineering Contracts
- Construction and Engineering Disputes
- Corporate
- Facilities Management
- 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