Experience
Hayley has experience of all forms of dispute resolution from the Sheriff Court to adjudication to multi-million pound arbitration. She specialises in all aspects of construction, infrastructure and energy disputes with an emphasis on dispute avoidance. Where disputes are unavoidable she tries to obtain the best practical, commercially viable outcomes for her clients.
In her spare time Hayley is a netball umpire and player.
Recent cases
- Acted for a local authority in the Court of Session in respect of claims for liquidated damages and defects damages, and the contractor’s counter-claim for payment of retention, extension of time and associated costs in respect of a contract for the renovation, extension and modernisation of a major listed, cultural building. Secured a favourable settlement prior to Proof thereby avoiding the associated cost and risk of running same. The building went on to win prestigious sector prizes and be named building of the year.
- Acted for local authority in the Court of Session pursuing damages from its supply chain in respect of costs arising from failed redevelopment of a former school site due to the presence of artesian water.
- Represented a major national utility provider in arbitration concerning the valuation of assets to be ‘bought back’ under one of the first PFI infrastructure projects in Scotland. The parties were more than £10M apart in their valuations. The dispute arose over the approach to valuing the assets, which were to be purchased at market value, despite the client being the only ‘market’ for these assets. Multiple experts were instructed to opine on the condition, remaining useful life and value of the assets and associated future cost such as remediation/replacement, financing, inflation and other factors. Ultimately resolved extra-judicially with an agreed valuation prior to full arbitration hearing.
- Acted on behalf of student accommodation provider pursuing supply chain in relation to fire safety defects in its portfolio.
- Pursued extension of time via adjudication for a specialist medical contractor in respect of the supply and installation of equipment. Following the adjudication award, advised and represented the client in mediation in respect of its prolongation costs and the employer’s counterclaims for liquidated damages and associated loss. The dispute ultimately resolved at mediation with the client agreeing to pay a significantly reduced sum.