Marc Lixenberg
Barrister @Atkin Chambers
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WORK HISTORY
Barrister @Atkin Chambers
NOTABLE CASES• Liberty Mercian Ltd v Cuddy Civil Engineering Ltd & Ors (20•••50 ConLR 124;(20•••57 ConLR 72: Marc acted as junior counsel on three appeals to the Court of Appeal (which appeals settled prior to the hearing itself), arising out of three separate first instance Judgments.• Marc acted (as junior counsel) for the employer in a LCIA arbitration concerning the construction of an offshore wind farm and the contractor’s alleged entitlement to additional payment (c.£300m).• Marc acted (as junior counsel) for a Thai contractor in an UNCITRAL arbitration (under Thai law) concerning a contract to build and operate a process plant, supplying products to the Thai subsidiary of a Swiss food company (claims valued at c.US$300 million).• TfGM v Thales Transport and Security Ltd (No 1) 146 ConLR 194,(No 2) 146 ConLR 218: Marc represented (as junior counsel) the successful Claimant in a case regarding the Defendant contractor’s contractual obligation to provide documents. The second Judgment, also in favour of the Claimant, addressed the Defendant’s objections based on privilege. • TSG v South Anglia Housing Ltd [2013] BLR 484: Marc appeared as sole counsel for the successful housing association in Part 8 proceedings to ‘overturn’ an adverse adjudicator’s decision; the Judgment involved the resolution of important, and topical, questions regarding termination of contracts and good faith.• Marc acted as junior counsel for Mott McDonald Ltd, defending a claim for some £250 million brought by Brookfield Construction (UK) Ltd, formerly Multiplex, in relation to the design of structural engineering works at the new Wembley Stadium.• Galliford Try v Mott MacDonald Ltd.(20•••20 ConLR 1: Marc appeared as junior counsel for the successful Defendant engineer in a five week High Court trial.• London & Regional (St George’s Court) Ltd. v Ministry of Defence & Secretary of State for Defence [2008] EWHC 526;[2009] BLR 20 (Court of Appeal).
EDUCATION
University of Cambridge
BA, Law
Harvard Law School
Master of Laws (LLM)
SKILLS
ABOUT MARC LIXENBERG
Marc is a barrister practising in the courts of England and Wales and in international arbitrations. He specialises in the fields of construction, engineering, infrastructure, energy, information technology, professional negligence and general commercial arbitration.RECENT EXPERIENCE• Hyde Housing Association Ltd v Geoffrey Osborne Ltd; GOL v HNW Architects Ltd: Marc is acting as junior counsel in respect of major claim (in excess of £10m) by a housing association against a design and build contractor arising out of a fire in sheltered accommodation, and associated third party proceedings against an architect.• Marc is acting as junior counsel in respect of a substantial Commercial Court claim for breach of warranty arising under a Farm In Agreement, particularly relating to the refurbishment of a Floating Production Storage and Offloading (FPSO) facility.• BDW Trading Ltd & Ors v Rodgers Leask Ltd & Anr: Marc acted as sole counsel for the Claimant national house builder bringing a claim against an engineer in relation to the foundation design at a residential development.• Moto Hospitality Ltd v (1) URS Corp Ltd;(2) North Midland Construction Plc: Marc acted as sole counsel for the Second Defendant contractor in multi-million pound, multi-party, TCC proceedings relating to pavement defects at a motorway service station.• Kellie and another v Wheatley & Lloyd Architects Ltd [2014] EWHC 2212;[2014] EWHC 2886: Marc acted for the Defendant, successfully defeating the professional negligence action brought by the Claimant homeowners. The case related to architect’s duties and their interaction with planning law. The Court indicated how the weaknesses in the Claimant’s case had been “starkly exposed at trial” (which included a concession from the Claimant’s expert, obtained under cross examination by Marc, that the Defendant had not acted negligently). In a second costs Judgment, the Court made important findings regarding the costs budgeting regime.
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