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Portrait of Mark Kirke

Mark Kirke


CMS Cameron McKenna Nabarro Olswang LLP
Saltire Court
20 Castle Terrace
United Kingdom
Languages English

An accredited specialist in construction law who “fights his clients' corner hard and is very impressive" (Chambers), Mark has extensive experience of successfully advising Employers and Contractors in the avoidance and resolution of construction disputes.

Mark has in-depth experience of both advising clients and providing advocacy in litigations, arbitrations and adjudications as well as alternative dispute resolution processes such as mediation. All this allows Mark to work with clients to help quickly and cost-effectively secure the best possible outcome.  

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"First class."

Legal 500, 2020

"sensible and easy to work with."

Chambers, 2019

“Fights his clients' corner hard and is very impressive"


Relevant experience

  • A leading Main Contractor on multi-million pound claims in relation to a major hotel, leisure and retail development as well as on multi-million pound claims in respect of other office, mixed-use and health projects (both new-build and refurbishment).
  • A leading M&E Contractor on multi-million pound claims.
  • A leading Contractor on multi-million pound claims against a Council in respect of a roads project.    
  • A number of Employers in pursuit and defence of multi-million pound claims in respect of Flood Defence Schemes.
  • A Utility on a multi-million pound claim against a Contractor in respect of issues in a distribution network.
  • An Employer in pursuit of claims and defence of counter-claims in respect of a waste project and defence of claims on a harbour project.
  •  a Roads Authority in pursuit of multi-million pound claims on a roads project.
  • A Joint Venture (charged with delivering a water utility's billion pound capital investment programme of works) in the defence of a large number of Adjudications.  
  • PFI / PPP, NPD and Hub special purpose vehicles on a number of disputes with Authorities and / or Contractors arising out of Schools, Health, Defence and Custodial projects.
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  • 2004 - Law, LLM in Construction Law, University of Strathclyde, Strathclyde
  • 1995 - Law, Dip LP, University of Dundee, Dundee
  • 1994 - Law, LLB (Hons), University of Glasgow, Glasgow
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Scot­tish time bar: Scot­tish ap­peal court re-af­firms the “harsh” rule
There has been an im­port­ant de­cision on time bar from the In­ner House, the Scot­tish ap­peal court, which re­solves con­flict­ing lines of au­thor­it­ies on what a claimant needs to be aware of to start the time...
Wel­come cla­ri­fic­a­tion in a re­cent Scot­tish time bar de­cision: Glas­gow City...
A re­cent de­cision in a com­pet­i­tion law case be­fore the Scot­tish Court of Ses­sion has ad­ded some wel­come clar­ity as to how time bar op­er­ates in re­la­tion to claims arising out of con­duct con­cealed by the...
Scot­tish Time bar changes
The Scot­tish Gov­ern­ment has re­cently opened a con­sulta­tion on how the Pre­scrip­tion (Scot­land) Act 2018 should be im­ple­men­ted. Among oth­er changes to the law of time bar, the Act ad­dresses the ac­know­ledged...
Design ob­lig­a­tions un­der sup­ply con­tracts
A re­cent TCC de­cision has con­sidered the scope of design du­ties owed by a sup­pli­er of equip­ment for in­cor­por­a­tion in­to con­struc­tion works. The court found it was ne­ces­sary for the sup­pli­er when design­ing...
Scot­land Con­struc­tion Fo­cus 2020
What’s Next for Con­struc­tion in Scot­land? Fol­low­ing the re­cent CMS Con­struc­tion Fo­cus sem­inars in Scot­land - we are pleased to make avail­able a writ­ten sum­mary of the top­ics covered in our an­nu­al re­view.Look­ing...
TCC ap­plies NEC ad­ju­dic­a­tion time-bar
A re­cent de­cision of the TCC ap­pears to be the first case to ap­ply an NEC time-bar which re­quires dis­putes to be no­ti­fied with­in one month for non-Con­struc­tion Act con­tracts. The prac­tic­al ef­fect of the...
Ter­min­a­tion for con­veni­ence: a sword and a shield
We pre­vi­ously re­por­ted on two High Court de­cisions re­lat­ing to the ef­fect of ter­min­a­tion for con­veni­ence clauses as po­ten­tial lim­iters on claims for loss of the bar­gain dam­ages in ter­min­a­tion cases. A...
Dis­crep­an­cies clauses and du­ties to warn un­der the JCT / SB­CC form
The Scot­tish Court of Ses­sion has re­cently con­sidered the ex­tent to which a duty to warn can arise un­der the dis­crep­an­cies clause in an SB­CC Design and Build 2011 con­tract. This clause re­quires the Con­tract­or...
Grand designs: ar­chi­tect found li­able for costly design
A re­cent TCC de­cision has con­sidered wheth­er the stand­ard RIBA scope of ser­vices re­quires an ar­chi­tect to as­cer­tain and com­ply with a cli­ent’s budget when design­ing a pro­ject. In this case, a well known...
NEC4: New dis­pute res­ol­u­tion and dis­pute avoid­ance pro­vi­sions
Last week saw the launch of the much-an­ti­cip­ated NEC4 suite of stand­ard form con­struc­tion and en­gin­eer­ing con­tracts (see our earli­er Law-Now here). In this art­icle we provide an ana­lys­is of the changes...