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Kort Egan
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Kort specialises in domestic and international commercial disputes with particular expertise in construction and energy matters.  He also works in the related areas of property and insolvency and has experience of aviation and shipping matters.

Whilst he handles cases as sole counsel, he is also used to working in larger teams and is currently being led by Paul Reed QC in an £80 million contractual dispute arising out of the liquidation of public sector contractor Carillion.

He has experience with many major standard form contracts including the JCT, NEC and FIDIC forms. Kort brings particular expertise to disputes involving FIDIC contracts as he contributed several chapters to the book “Understanding the FIDIC Red and Yellow Books” which contains a clause-by-clause commentary of the updated 2017 FIDIC contracts.

In addition to Kort’s experience at Hardwicke, he also has the advantage of having spent time assisting Simon Hughes QC with a wide variety of cases under Indian, Qatari, UAE, Singaporean and English law including an international infrastructure dispute worth over a billion.

Kort’s practical approach to disputes is assisted by the fact that, prior to starting pupillage, he acquired commercial experience with the Royal Bank of Canada Capital Markets, Google and Cambridge Intelligence, a data-visualisation start-up.

Construction Litigation

Kort has experience of a wide range of construction disputes including adjudications, Part 8 claims, and high value international arbitrations. Kort’s work has included:

  • Being led by Paul Reed QC in an £80 million contractual dispute arising out of the liquidation of public sector contractor Carillion.
  • Assisting Simon Hughes QC in connection with a TT$1.4 billion dispute concerning the construction of a number of roads in Trinidad, one of the biggest claims to ever be issued in the Trinidadian High Court.
  • Assisting with advising a housing association on the viability of claims against the NHBC and an approved inspector where cladding had failed to meet the requirements of the Building Regulations as they are construed post Grenfell.
  • Assisting with advising an Employer in a high-value Final Account dispute.
  • Assisting with the drafting of a Notice of Adjudication in respect of the negligent design of a university building.

Construction Arbitration

Kort has experience of construction arbitrations under a wide variety of governing laws including English, UAE, Singaporean, Qatari and Omani law.

Having contributed several chapters to the book “Understanding the FIDIC Red and Yellow Books”, which compared and contrasted the provisions of the 1999 and 2017 FIDIC contracts, Kort brings particular expertise to any disputes concerning FIDIC contracts.

Energy & Renewables

Kort has worked on disputes across the energy sector including matters that concerned coal fired power stations and biogas plants.

Property Damage

Kort acts for clients in property damage cases. His work includes:

  • Successfully recovering all damages sought by a major telecommunications provider in a claim in respect of property damage.
  • Appearing before a circuit judge in Central London County Court in a directions hearing concerning an appeal against a party wall award.

Construction Insurance

Kort has assisted with a variety of matters concerning the scope of policies and the applicability of the Insurance Act 2015.

Professional Liability Construction Professionals

Kort has a wide range of experience of claims against architects, contract administrators, contractors, engineers and testing consultants. Kort’s recent work includes assisting with the drafting of a Notice of Adjudication in respect of the negligent design of a university building.

Commercial Litigation

Kort has gained expertise in disputes across a wide variety of industries including:

  • Successfully defending an international airline on a number of occasions.
  • Successfully recovering all damages sought by a major telecommunications provider.
  • Successfully defending a well-known online travel agency in a claim concerning the liability of a travel agency for a customer’s experience whilst on holiday.
  • Assisting with research and drafting in a high value shipbuilding arbitration.

Banking & Finance

Having studied finance and accounting as part of his Masters and having gained experience at the Royal Bank of Canada, Kort is adept at dealing with cases involving banks and other financial institutions. During pupillage Kort drafted a Particulars of Claim in relation to an on demand bond.

Personal Insolvency

Kort accepts instructions in insolvency matters and has appeared in bankruptcy petitions, the ICC Interim Applications list and in applications for charging orders or substituted service.

Kort brings his experience of insolvency matters to construction disputes where construction law and insolvency interconnect.

Housing (Social & Privately Rented)

Kort has frequently appeared on behalf of local authorities and private landlords in relation to possession proceedings for rent arrears and subletting.

Leasehold & Leasehold Management

Kort has successfully appeared on behalf of landlords in claims for the recovery of service charges and ground rent. In addition, Kort recently successfully appeared on behalf of the long leaseholders in obtaining a vesting order under section 26 of the Leasehold Reform, Housing and Urban development Act 1993.

Real Property & Mortgages

Kort has a wide range of experience of bringing and defending mortgage possession claims.

Qualifications

MA Theology and Religious Studies, Gonville and Caius College, Cambridge, (Double First)
MPhil Management, Judge Business School, Cambridge (Distinction, 1st in year)
Graduate Diploma in Law, BPP (Distinction, 1st in year)
Bar Professional Training Course, BPP (Very Competent)

Awards

  • Scholar and Senior Scholar of Gonville and Caius College.
  • Substantial Judge Business School bursary for previous undergraduate performance.
  • Ranked first in year in MPhil Management in a class in which every member had a First Class degree or equivalent.
  • Ranked first in year in GDL by 2.7%.
  • Ranked first in year in Contract, Equity and Trusts, Constitutional and Administrative, European Union and Criminal law on the GDL. Ranked 3rd in year in Land law.
  • Gray’s Inn Prince of Wales Scholarship for the BPTC.
  • Captained Gray’s Inn in debate against the University of South Carolina.
  • Awarded a Highly Commended in the SCL Hudson Essay Competition 2017 for my essay “Episode 2018: The Defective Premises Act Strikes Back”.

Publications

Kort contributed several chapters to Understanding the FIDIC Red and Yellow Books.

CSR

Kort recently judged a debate between prisoners and students at HMP Isis/Belmarsh as part of Gray’s Inn pro-bono programme ‘Vocalise’.

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