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Shy Jackson

Shy Jackson

Partner

London

T: +44 (0) 20 3400 4998

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Biography

Shy Jackson has a strong reputation for his representation of construction and engineering firms across a range of contentious matters, including high-stakes arbitrations, adjudications, court proceedings and various forms of Alternative Dispute Resolution proceedings. Shy’s clients are involved in some of the most significant building, infrastructure and energy projects across the UK and internationally, with his breadth of experience having seen him advise and represent some of the world’s leading developers across major road, rail and processing plant projects, as well as across high-value office buildings, luxury hotels and residential developments.    

Civic Involvement & Honors

  • Chambers UK 2026: Band 2 - Construction: Contentious

Shy Jackson’s experience, technical skillset, broader industry knowledge and his commercial focus make it very easy to work with him…He is a very knowledgeable lawyer.

Legal 500 UK, Construction: Contentious 

With over 20 years’ experience in dealing with a wide range of construction related disputes throughout Europe, the Middle East, Africa and Asia, Shy provides his clients with strategic advice, identifying commercial solutions and limiting the impact of adversarial situations relating to project delays, payments and quality issues. He is highly experienced in the main forms of construction contracts, including FIDIC and JCT, whilst being widely recognised as a leading expert on the NEC form of contract. Shy was appointed as a member of the NEC Contract Board during 2020 in recognition of his experience in advising on a number of substantial projects involving the NEC form of contract.

He knows NEC contracts back to front. He is calm, methodical and gets to the right answer…[his] brain is in a different league to anyone else.

Chambers & Partners UK, Construction: Contentious 

Shy is well known for his expertise in construction law, he is a Visiting Fellow at the Construction Law MSc course at King's College London and lectures at the Masters of Business Engineering course at the University of Stuttgart. In addition, he regularly speaks at industry events in the UK as well as internationally, having recently spoken in conferences in Lagos, Istanbul and Hong Kong on topics including FIDIC contracts and collaborative contracting, and has contributed to leading text books in addition to regularly writing on construction law topics.

Shy Jackson is very knowledgeable and customer oriented. He is always ready to help clients.

Legal 500 UK 2025, Construction: Contentious

In 2024, Shy was presented with the Outstanding Industry Collaboration Award by The Chartered Institution of Civil Engineering Surveyors (CICES) and the Chartered Surveying Training Trust. This was the first time that CICES had issued the award, which was presented to Shy in “recognition of the immense contribution and support give[n] to the institution.” Shy has also been recognised as a ‘Global Elite Thought Leader’ (Tier 1) by Lexology Index for Construction and has consistently been commended for his expertise in Legal 500 and Chambers & Partners, having first been listed in 2011.

PROFESSIONAL AFFILIATIONS

  • Solicitor Advocate, Law Society, England and Wales
  • Fellow of the Chartered Institute of Arbitrators
  • Fellow of the Chartered Institution of Civil Engineering Surveyors
  • Member of the Society of Construction Law
  • Member of the Technology and Construction Solicitors' Association

Admissions

  • England and Wales

Related Capabilities

Construction Disputes Construction Disputes

Litigation & Dispute Resolution Litigation & Dispute Resolution

Business & Commercial Disputes Business & Commercial Disputes

International Arbitration International Arbitration

Energy Transition Energy Transition

Real Estate Real Estate

Data Centers Data Centers

  • Construction Disputes

  • Litigation & Dispute Resolution

  • Business & Commercial Disputes

  • International Arbitration

  • Energy Transition

  • Real Estate

  • Data Centers

Experience

Shy has experience of acting for all parties in construction projects and his recent cases include:

  • Advising a contractor on various issues arising out of a substantial DBO civil works project in Asia based on the NEC form of contract.
  • Acting for an international EPC contractor in a final account dispute and adjudication in relation to a water treatment project in the UK, involving delays to the works, defective works and the valuation of variations
  • Acting for an employer in High Court proceedings seeking recovery of delay damages and defending a contractor claim in connection with a major office development in the City of London.
  • Providing project support over several years and advising on disputes, including adjudication, in relation to a number of the largest work packages delivered as part of the Crossrail project.
  • Acting for an EPC contractor in relation to a dispute concerning poor performance and termination in connection with a PFI waste treatment facility.  
  • Acting on a number of high-value developments in London, advising on claims from contractors and acting in adjudication and expert determination proceedings related to delays, valuation and defects in the life safety systems.  
  • Advising a European specialist contractor in connection with a large industrial facility in the UK in respect of adjudications commenced by a subcontractor and various issues arising under the main contract with the client.  
  • Acting for a supplier of specialist equipment in an ICC arbitration concerning water treatment systems in relation to a mining project in Asia.
  • Advising an energy company on a number of high-value claims related to losses suffered by failure of substantial items of electrical equipment.    
  • Advising a UK developer in connection with high-value residential and office developments, including in pursuing a claim concerning negligent structural design services as well as on a series of adjudications commenced by the main contractor. 
  • Advising a contractor joint venture in connection with claims related to the development of an existing overground rail and a number of stations in London.
  • Acting for a civil works sub-contractor in a number of disputes and adjudications concerning drainage works as part of a substantial road scheme in the UK.
  • Advising an international company in connection with various contractual issues under a FIDIC form of contract relating to a substantial Battery Energy Storage System project in the UK
  • Acting for an energy company in connection with a number of disputes related to various projects, including in Africa and Latin America. 

Related Insights

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Insights
Jun 17, 2026

NEC, adjudication and natural justice

A recent decision on whether an adjudication decision should be enforced provides a good example of the practical issues that can come up when operating the NEC form of contract. This is what the court had to address in Premier Modular Ltd v Maidstone And Tunbridge Wells NHS Trust [2026] EWHC 1404 (TCC) where the adjudication concerned an entitlement to an extension of time, based on what was the correct compensation event, was it notified on time and what was the Accepted Programme to be used for assessing delay?
Insights
Jun 15, 2026

Court of appeal guidance on pay less notices and first ruling on the residential occupier exception

In RBH Building Contractors Limited v James [2026] EWCA Civ 511, the Court of Appeal looked at two issues: the “residential occupier” exception under s.106 of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act) and, more importantly for most construction payment disputes, the proper form and content of a pay less notice under s.111(3) and s.111(4) of the Construction Act. This is the first reported Court of Appeal decision to consider the “intends to occupy” limb of the s.106 exception, and it also confirmed that, when considering the validity of a pay less notice, the real question is whether it makes clear in substance what is (or is not) being paid. In this BCLP Insight, Shy Jackson and Yorkie Fong consider the key takeaways from this case.  
Insights
May 19, 2026

NEC, interpreting payment notices and negative certificates

There have been a number of cases about the validity of payment notices recently, which shows that ‘smash and grab’ adjudications are still seen as an effective way to improve cash flow. The recent decision in United Utilities Water Ltd v Northstone (NI) Ltd (t/a Farrans Construction) [2026] EWHC 1057 (TCC) considered whether the contractor was required to, and failed to issue, a pay less notice within a one day period, looking at the validity of the payment certificate and the effect of dates inserted by CEMAR. This was in the context of an amended NEC3 ECC Option C form of contract with bespoke amendments.
Insights
Mar 11, 2026

Dispute resolution in data centre projects: Proactive strategies for a high-stakes environment

The lifecycle of a data centre, from land acquisition to operation, brings together significant capital investment, complex technical systems and layered contractual relationships. While earlier articles in this Insight Series have explored development, financing and transactional execution, an equally critical dimension is the proactive management and resolution of disputes.
Insights
Jan 21, 2026

Providence v Hexagon - The challenge of contract interpretation

In this article, first published in PLC Construction, Shy Jackson considers the Supreme Court's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2026] UKSC 1 that a contractor was not entitled to terminate a JCT Design and Build Contract, 2016 Edition for repeated late payments (specified defaults) by its employer in circumstances where the right to terminate for the first specified default had not accrued.
Insights
Jan 07, 2026

Conditions Precedent and deemed fulfilment

Conditions precedent play an important role in contracts and it is often said that a party cannot benefit from its own breach. But in King Crude Carriers SA and others v Ridgebury November LLC and others [2025] UKSC 39, the Supreme Court rejected a principle from a House of Lords decision dating back to 1881, concerning whether a party can wrongfully, and in breach of contract, prevent the fulfilment of a condition precedent to that party’s payment obligation such that the innocent party cannot make a simple debt claim. In this BCLP Insight, we examine the case and consider the key takeaways.
Insights
Jan 06, 2026

Freezing orders to enforce adjudication decisions

Insolvency is one of the risks to consider when looking to enforce an adjudicator’s decision, but sometimes there is also a concern that a party might take steps to dissipate its assets to avoid payment. The way to address such a risk is to obtain what is known as a freezing order, which is an injunction stopping a party from transferring, selling or dealing with its assets, until a judgment is satisfied. This is not a common procedure in adjudication, but a decision from December 2025, High Tech Construction Ltd v WLP Trading and Marketing Ltd [2025] 3209 (TCC) provides a useful example of how that would work in practice and the legal tests to be applied.  
Insights
Dec 18, 2025

CMA’s interim report into road and rail civil engineering

In July we wrote about the Competition and Markets Authority's proposed study into the road and rail sectors, aimed at supporting the government’s ambitious 10-year strategy for infrastructure growth. The CMA has now published its interim report, setting out its emerging findings and possible remedies. The CMA’s final report is due to be released in April 2026 and the focus is on how market interactions between public bodies and the business supply chain can best incentivise cost-effective delivery of rail and road infrastructure. It also considers whether public procurement and regulatory processes could make it easier for firms to enter, expand, invest and innovate. As noted in the interim report, rail and road,  excluding HS2, accounted for 70-75% of government expenditure on economic infrastructure in 2022 and in 2023-24 the total annual expenditure on public roads was expected to be about £10.3 billion, with about £8.7 billion spent on railways. Importantly, whilst the focus is on the road and rail sectors, the CMA has previously stated that its “findings may identify lessons that may be equally as informative for civil engineering in other areas of economic infrastructure”.
Insights
Dec 18, 2025

Unjust enrichment in construction

Claims based on restitution and unjust enrichment are not common in a commercial context when there will almost always be some form of agreement that governs the parties’ rights and obligations. But in October 2025 there were two decisions that dealt with claims for unjust enrichment, one of which concerned the FIDIC form of contract. This is therefore a useful opportunity to look again at when and how such claims might exist in a construction context.

Related Insights

Insights
Jun 17, 2026
NEC, adjudication and natural justice
A recent decision on whether an adjudication decision should be enforced provides a good example of the practical issues that can come up when operating the NEC form of contract. This is what the court had to address in Premier Modular Ltd v Maidstone And Tunbridge Wells NHS Trust [2026] EWHC 1404 (TCC) where the adjudication concerned an entitlement to an extension of time, based on what was the correct compensation event, was it notified on time and what was the Accepted Programme to be used for assessing delay?
Insights
Jun 15, 2026
Court of appeal guidance on pay less notices and first ruling on the residential occupier exception
In RBH Building Contractors Limited v James [2026] EWCA Civ 511, the Court of Appeal looked at two issues: the “residential occupier” exception under s.106 of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act) and, more importantly for most construction payment disputes, the proper form and content of a pay less notice under s.111(3) and s.111(4) of the Construction Act. This is the first reported Court of Appeal decision to consider the “intends to occupy” limb of the s.106 exception, and it also confirmed that, when considering the validity of a pay less notice, the real question is whether it makes clear in substance what is (or is not) being paid. In this BCLP Insight, Shy Jackson and Yorkie Fong consider the key takeaways from this case.  
Insights
May 19, 2026
NEC, interpreting payment notices and negative certificates
There have been a number of cases about the validity of payment notices recently, which shows that ‘smash and grab’ adjudications are still seen as an effective way to improve cash flow. The recent decision in United Utilities Water Ltd v Northstone (NI) Ltd (t/a Farrans Construction) [2026] EWHC 1057 (TCC) considered whether the contractor was required to, and failed to issue, a pay less notice within a one day period, looking at the validity of the payment certificate and the effect of dates inserted by CEMAR. This was in the context of an amended NEC3 ECC Option C form of contract with bespoke amendments.
Insights
Mar 11, 2026
Dispute resolution in data centre projects: Proactive strategies for a high-stakes environment
The lifecycle of a data centre, from land acquisition to operation, brings together significant capital investment, complex technical systems and layered contractual relationships. While earlier articles in this Insight Series have explored development, financing and transactional execution, an equally critical dimension is the proactive management and resolution of disputes.
Insights
Jan 21, 2026
Providence v Hexagon - The challenge of contract interpretation
In this article, first published in PLC Construction, Shy Jackson considers the Supreme Court's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2026] UKSC 1 that a contractor was not entitled to terminate a JCT Design and Build Contract, 2016 Edition for repeated late payments (specified defaults) by its employer in circumstances where the right to terminate for the first specified default had not accrued.
Insights
Jan 07, 2026
Conditions Precedent and deemed fulfilment
Conditions precedent play an important role in contracts and it is often said that a party cannot benefit from its own breach. But in King Crude Carriers SA and others v Ridgebury November LLC and others [2025] UKSC 39, the Supreme Court rejected a principle from a House of Lords decision dating back to 1881, concerning whether a party can wrongfully, and in breach of contract, prevent the fulfilment of a condition precedent to that party’s payment obligation such that the innocent party cannot make a simple debt claim. In this BCLP Insight, we examine the case and consider the key takeaways.
Insights
Jan 06, 2026
Freezing orders to enforce adjudication decisions
Insolvency is one of the risks to consider when looking to enforce an adjudicator’s decision, but sometimes there is also a concern that a party might take steps to dissipate its assets to avoid payment. The way to address such a risk is to obtain what is known as a freezing order, which is an injunction stopping a party from transferring, selling or dealing with its assets, until a judgment is satisfied. This is not a common procedure in adjudication, but a decision from December 2025, High Tech Construction Ltd v WLP Trading and Marketing Ltd [2025] 3209 (TCC) provides a useful example of how that would work in practice and the legal tests to be applied.  
Insights
Dec 18, 2025
CMA’s interim report into road and rail civil engineering
In July we wrote about the Competition and Markets Authority's proposed study into the road and rail sectors, aimed at supporting the government’s ambitious 10-year strategy for infrastructure growth. The CMA has now published its interim report, setting out its emerging findings and possible remedies. The CMA’s final report is due to be released in April 2026 and the focus is on how market interactions between public bodies and the business supply chain can best incentivise cost-effective delivery of rail and road infrastructure. It also considers whether public procurement and regulatory processes could make it easier for firms to enter, expand, invest and innovate. As noted in the interim report, rail and road,  excluding HS2, accounted for 70-75% of government expenditure on economic infrastructure in 2022 and in 2023-24 the total annual expenditure on public roads was expected to be about £10.3 billion, with about £8.7 billion spent on railways. Importantly, whilst the focus is on the road and rail sectors, the CMA has previously stated that its “findings may identify lessons that may be equally as informative for civil engineering in other areas of economic infrastructure”.
Insights
Dec 18, 2025
Unjust enrichment in construction
Claims based on restitution and unjust enrichment are not common in a commercial context when there will almost always be some form of agreement that governs the parties’ rights and obligations. But in October 2025 there were two decisions that dealt with claims for unjust enrichment, one of which concerned the FIDIC form of contract. This is therefore a useful opportunity to look again at when and how such claims might exist in a construction context.