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Philip Naughton QC is recommended as a mediator by the leading legal directories. He is also recommended in construction law by the Legal 500.
At the end of 2008 Naughton retired from his barrister’s practice and has since been occupied with instructions as both a mediator and an arbitrator. His "razor-sharp intelligence" has been applied to a mix of engineering, insurance and professional negligence disputes. "He is a low-key character who adopts a quiet, intellectual approach." Chambers and Partners 2010
Philip Naughton QC is one of the field’s outstanding practitioners, described as ‘sensitive, insightful and measured’. Possessed of ‘quiet authority’, his reputation is built on ‘total preparation, strong analysis’ and a gentle, calming manner. Described as ‘cerebral’ in his approach, he exudes a confidence in the process that allows him to let others take centre stage. He ‘handles the parties with tact, but has a firm handle on where he is going’. Legal 500 2009
‘Philip Naughton has a huge international practice and is described as “one of the finest mediators at the Bar” when it comes to the resolution of complex construction disputes. He is famous for his “focused and intelligent approach” to mediation, and his peers believe him to be “a true master when it comes to dispute resolution .” Several interviewees confessed that Naughton was “one of their all-time favourites”.’ Chambers & Partners 2009
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Mr Naughton has been appointed as sole arbitrator and member of an arbitral panel in a wide spectrum of disputes concerning engineering and construction, insurance, professional negligence and intellectual property in Britain, Germany, Bangladesh, Indonesia, and Australia.
Mr Naughton has successfully mediated many complex commercial disputes in almost every field of business endeavour, often with four or more parties often between parties from distant parts of the world with sums in issues up to and exceeding US$1bn. Examples of cases, limited in detail to preserve confidentiality, are set out below. He is regularly asked to assist in designing the organisation and preparation of mediations, particularly when formal proceedings have not been commenced.
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RECENT APPOINTMENTS AS ARBITRATOR
Application of policy, Germany Insurance contract, Ad hoc; party appointed, panel of 3.
Plant performance, Australia Process Plant. Ad hoc, party appointed, panel of 3.
Plant performance, England Process plant. ICC. Panel of 3. Chairman.
Application of policy to major incident, Indonesia Insurance/process plant. Ad hoc, party appointed, panel of 3.
Defect liability, England Power station. Sole arbitrator.
Delay, Bangladesh Power station. ICC, party appointed, panel of 3.
Refurbishment contract, England Construction. Sole arbitrator.
Computer software, intellectual property, England/US Information technology. Sole arbitrator.
Valuation, Hong Kong Sewerage system. Sole Arbitrator.
Interpretation, England Insurance. Sole Arbitrator.
Application of policy, England Insurance contract/Professional Negligence. Sole Arbitrator.
RECENT APPOINTMENTS AS MEDIATOR
Chemical/Fabrication/performance 3 parties (Brazil, US, Italy) design and construction of petrochemical plant in Rio
Damage to Property 52 parties (Colombia) impact of oil pipeline
Passing off 2 parties (England) get up of fashion products
Passing off 2 parties (Australia/England) rights in novel food product
Oil and Gas / Joint Venture 2 parties (North America, Europe) building power stations in South America
Oil and Gas / Take or Pay 2 parties (English) undersea pipeline damage
Oil and Gas / Take of Pay 2 parties (English, mainland Europe) consequence of turbine failure
Oil and Gas / Fabrication 2 parties (Asia, US) design and fabrication of offshore facility
Oil and Gas / Fabrication 2 parties (Asia, Scandinavia) design and fabrication of offshore facility
Chemical / Fabrication 2 parties (Asia, England) responsibility for explosion
Chemical / Fabrication 2 parties (England) responsibility for failed component
Maritime / Insurance 2 parties (England, Greece) total loss
Maritime/Cargo 2 parties (Greece, Saudi Arabia), contract dispute
Maritime/collision 2 parties (England, Asia), negligence
Aircraft ownership 2 parties (England, Eastern Europe)
Insurance 2 parties (England) interpretation of contract (several cases)
Insurance / Lloyds 17 parties(England) Lloyds dispute
Valuation 4 parties (England) negligence of surveyor, solicitor (several)
Legal advice 2 or more parties, professional negligence of solicitors (several)
Construction / glass quality 5 parties (England), large glass clad structure quality (as advocate)
Construction / detail design 2 parties (England, US) architect, professional negligence (several)
Construction / Hospital design, build 4 parties (England), professional negligence
Construction / University facilities design and build 4 or more parties (England), professional negligence or construction quality (several cases)
Construction / Water resources design and build 2 parties (England) extension of water treatment works
Construction / foundations 2 parties (England) professional negligence: architect (several cases)
Construction / contract 2 parties (England) responsibility for removing asbestos
Construction / Water resources 2 parties (England) construction of reservoir
Fabrication / motor vehicles 2 to 4 parties (England) defective component (several cases)
Fabrication / plastics 2 parties (England) quality dispute
Supply of goods and services / aircraft engines 2 parties (England), component supply contract
Supply of goods and services / clothing 2 parties (France, England) business contract
Supply of goods and services / computer software 2 or more parties (England) performance of software (several cases)
Supply of goods and services / fraud 7 parties (Europe and Asia) operating business
Telecoms Contract 2 parties (England/Australia) interpretation, performance
Fraud 2 parties (England, Japan) Rogue employee
Fraud 3 parties (England, US), Rogue employee
Employment 2 parties (England) Termination, Chief Executive (2 cases)
Clinical Negligence 2 parties (England), overlooked diagnosis
Patents 2 parties (England) validity, scope.
Company Acquisition 4 parties (England, North America) acquisition of European corporation: contract, negligence
Company Acquisition 2 parties (Europe, United States) contract obligations
Contract / Joint venture 2 parties (England) interpretation of joint venture contract
Landlord and Tenant 2 parties (England) misrepresentation
Medical Negligence 2 parties (England), undetected skin cancer
Insolvency 2 parties (England), licensing issues
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