Philip is a Legal Director in the Construction and Engineering Disputes team. Phil trained at the firm and qualified as a solicitor in 2006. He is a litigator who deals with a wide range of construction, commercial and professional negligence disputes.
Specifically, he has acted in a wide range of disputes, including contractual claims, professional negligence, (representing both claimants and defendants), PFI disputes (relating to schools, hospitals and regeneration projects), disputes relating to EfW projects and facilities, IT disputes, engineering installation disputes (specifically relating to MF1 contracts) and agency/distribution agreement terminations.
Phil is experienced in all forms of alternative dispute resolution (including "without prejudice" meetings and mediation) and has participated in many successful mediations (including multi-party mediations), advising clients on all stages of the process, both prior to and during attendance on the day.
Phil has acted for a number of national and international companies and organisations, and has a broad range of experience both in obtaining judgments and successfully enforcing judgments in this jurisdiction and overseas.
He has experience of litigation in the High Court (Mercantile and T.C.C.) and has advised on cases in the Court of Appeal and the Supreme Court. He also has experience of successfully acting (and leading) on disputes that have been resolved through the adjudication process (either under contract or the Scheme).
Phil was part of the team which appeared in the Court of Appeal and Supreme Court in the case of RTS Flexible Systems Limited v Molkerei Alois Muller Gmbh  UKSC 14., which is now one of the leading authorities on contractual construction.
- "Not a waste of court time – rectification of a recycling contract" - 26 April 2017 (Lexology)
- "The aftermath of Carillion – a dual approach: future contractual safeguards and current contingency planning" - 16 March 2018 (Lexology)
- "Tears for mears the Perils of determining practical completion"
- "Overview of the building fire safety regime and how it has (and will) change following the grenfell tower tragedy and the hackitt review" - 9 June 2021 (Lexology)
- Professional memberships
- The Law Society
- The Society of Construction Law
"Philip Withey is recommended for his expertise in construction and engineering disputes"
LEGAL 500 (2020)