Anna Gotts

Anna Gotts

Call: 2001

Practice Profile


Anna specialises in all aspects of commercial litigation and arbitration practised at 7KBW, with a particular emphasis on insurance and reinsurance.

Anna undertakes a broad range of advocacy and advisory work, both on her own and as a junior and has extensive experience of both court and arbitration, including ICC and LCIA arbitration.   In addition to insurance and reinsurance matters, Anna also regularly practises in the fields of shipping, commodities, professional negligence, aviation and energy.

Current instructions include an arbitration under a policy of trade credit insurance, judicial proceedings involving Reed Smith’s operation of an escrow agreement and a professional negligence claim against an insurance broker.

Selected recent cases include Quadra Commodities S.A. v XL Insurance Company SE [2023] EWCA Civ 432 (CA) (a case arising out of the Agroinvestgroup fraud concerned with the question whether an insured who had paid the purchase price had an insurable interest in unascertained goods); Amira Nature Foods Limited v Endurance Worldwide Insurance Limited [2023] 3 WLUK 475 (a claim under a D&O policy for the recovery of costs incurred in defending a US securities class action, where Anna had the action struck out); and Galantis (Respondent) v Alexiou and another (Appellants) (Bahamas) [2019] 1 WLR 3636 (an appeal to the Privy Council concerning issues of statutory construction and the scope of the oppression remedy).

Selected earlier cases include an arbitration (2021) concerned with a claim under a trade credit insurance policy; an arbitration (2021) concerned with the effect of US sanctions on the rights of insureds under policies of D&O insurance; and Mamancochet Mining Ltd v Aegis Managing Agency Ltd (and others) [2018] EWHC 2643 (Comm), [2018] 2 Lloyd’s Rep. 441, an expedited claim for an indemnity under a marine cargo insurance policy, raising questions as to the application of US sanctions.

Anna is described in the Legal 500 as ‘ferociously intelligent’ and ‘very hard-working’ with a ‘strong eye for detail’.  She is someone who provides ‘clear, practical advice’ and is ‘able to think quickly and deal with changing circumstances both on paper and at court.’

Much of Anna’s work over the last few years has involved insurance and reinsurance, both in a commercial and consumer context.  She regularly advises on aspects of coverage and validity in connection with a variety of policies, including D&O, management and public liability, trade credit, political risk, political violence, CAR, marine cargo and mortgagees’ interest.

Anna is currently instructed in an arbitration concerned with claims under a trade credit insurance policy and in a claim under a D&O Policy arising out of a major corporate fraud.  She has been involved in Merx Aviation Servicing Limited v Chubb European Group SE and others and other leading cases concerned with the alleged loss of aircraft leased to Russian airlines following the Russian invasion of Ukraine and enjoyed recent success before the Court of Appeal in Quadra Commodities SA v XL Insurance Company SE and others.

Selected recent cases:

  • An arbitration (2024) under a political violence insurance policy involving the loss of fuel to the Taliban, led by Jawdat Khurshid KC.
  • A coverage dispute (2024) under a D&O Policy involving the operation of and interaction between a retroactive date exclusion and a prior claims and circumstances exclusion.
  • Quadra Commodities SA v XL Insurance Company SE and others [2023] EWCA Civ 432 (CA), a claim under a marine cargo policy arising out of the Agroinvestgroup fraud and raising the question whether an insured who had paid the purchase price had an insurable interest in unascertained goods, led by Jawdat Khurshid KC.
  • Amira Nature Foods Limited v Endurance Worldwide Insurance Limited [2023] 3 WLUK 475, a claim under a D&O policy for the recovery of costs incurred in defending a US securities class action, where Anna had the action struck out.
  • A coverage dispute (2023) under a D&O Policy arising out of a de-SPAC transaction.
  • A coverage dispute (2023) under a crime and civil liability policy arising out of falsified funding applications.
  • A coverage dispute (2023) under a D&O Policy involving claims brought against directors in the US alleging fraud, conversion and breach of contract (among other matters).
  • A coverage dispute (2023) under a commercial combined policy arising out of an act of grievous bodily harm and raising the construction of, and interaction between, the insuring clause, an extension of cover and a deliberate and criminal acts exclusion.
  • Advisory work (2023) concerning a broker’s alleged negligence in advising and failing to draw attention to a condition precedent.
  • A coverage dispute (2023) concerning a land tax mitigation scheme.
  • A coverage dispute (2023) under a public liability policy arising out of a well-known UK public disaster, led by Andrew Wales KC.
  • A coverage dispute (2023) under Financial Services Industry Policies raising issues of attachment, aggregation, excess and reinstatement, led by Andrew Wales KC.
  • A coverage dispute (2022) under a D&O Policy raising issues of aggregation.
  • A reinsurance arbitration (2022) arising out of the 9/11 terrorist attacks, led by Stephen Hofmeyr KC.
  • A coverage dispute (2022) arising under a Mortgagee’s Interest Insurance Policy, led by Peter MacDonald Eggers KC.
  • An LCIA arbitration (2021) involving a claim by a multi-national bank on a trade credit insurance policy, led by Siobán Healy KC.
  • An LCIA arbitration (2021) arising under a D&O policy and concerning the effect of US sanctions on the rights of insureds, led by Jawdat Khurshid KC.
  • A substantial claim on a D&O policy involving allegations of fraud and raising issues as to both validity and coverage, led by Andrew Wales KC.

Selected earlier cases:

  • Mamancochet Mining Ltd v Aegis Managing Agency Ltd (and others) [2018] EWHC 2643 (Comm), [2018] 2 Lloyd’s Rep. 441, an expedited claim for an indemnity under a marine cargo insurance policy, raising questions as to the application of US sanctions, led by Jawdat Khurshid KC.
  • An arbitration concerning the recovery of costs under the Third Parties (Rights Against Insurers) Act 2010.
  • A coverage dispute applying CIDRA 2012.
  • An arbitration concerning the reinsurance of personal accident and workers’ compensation carve out risk, as junior counsel.
  • A reinsurance arbitration concerning a sue and labour clause, as junior counsel.
  • Film finance litigation, as junior counsel.

General Commercial Disputes

Anna is routinely instructed in complex commercial disputes concerning companies, commodities, insurance, shipping and defective products.  Anna’s success in Mamancochet Mining Ltd v Aegis Managing Agency Ltd (and others) has led to her instruction in several sanctions-related claims.  She is currently representing Reed Smith in well-publicised judicial proceedings arising out of the operation of an escrow agreement and involving Barclays Bank Plc and Virgo Marine (a sanctioned entity).

Selected recent cases:

  • Amira Nature Foods Limited v Endurance Worldwide Insurance Limited [2023] 3 WLUK 475, a claim under a D&O policy for the recovery of costs incurred in defending a US securities class action where Anna had the action struck out.
  • Advisory work (2023) concerning a broker’s alleged negligence.
  • Galantis (Respondent) v Alexiou and another (Appellants) (Bahamas) [2019] 1 WLR 3636, an appeal to the Privy Council concerning issues of statutory construction and the scope of the oppression remedy, led by Stephen Hofmeyr KC.
  • Mamancochet Mining Ltd v Aegis Managing Agency Ltd (and others) [2018] EWHC 2643 (Comm), [2018] 2 Lloyd’s Rep. 441, an expedited claim for an indemnity under a marine cargo insurance policy, raising questions as to the application of US sanctions against Iran, led by Jawdat Khurshid KC.
  • Aircraft Purchase Fleet Limited v Compagnia Aerea Italiana S.p.A. [2018] EWHC 3315 (Comm).  Anna was part of a team of counsel (led by Gavin Kealey KC) who successfully defended a US$260m claim for damages by Aircraft Purchase Fleet Limited (“APFL”) on behalf of the former operator of the Alitalia airline.

Selected earlier cases:

  • A dispute concerning the duties owed by a Self-Invested Personal Pension operator both at common law and under COBS.
  • An arbitration arising out of the non-performance of shipments under a COA, led by Stephen Hofmeyr KC.
  • An arbitration arising out of a contract for the construction of port facilities, led by Robert Bright KC.
  • A €130m ICC arbitration arising out of the supply of steel for use in a subsea pipeline, led by Stephen Hofmeyr KC.
  • An arbitration involving claims for conspiracy to injure and wrongful Rule B attachment, led by Richard Southern KC.
  • The Rays [2005] 2 Lloyd’s Rep. 479, a Commercial Court trial concerning the alleged breach of a letter of undertaking.
  • A trial of preliminary issues concerning the incorporation and application of a contractual time bar.

Many of the cases in which Anna is instructed are determined in confidential arbitration.  Anna is currently instructed in an LCIA arbitration arising under a trade credit insurance policy. Anna’s success in Mamancochet Mining Ltd v Aegis Managing Agency Ltd (and others) has also led to her instruction in arbitrations raising the application of international sanctions.

Selected cases:

  • An LCIA Arbitration (2024) under a political violence insurance policy involving the loss of fuel to the Taliban, led by Jawdat Khurshid KC.
  • Advisory work (2022-2024) in connection with proceedings before the Hong Kong International Arbitration Center concerning a claim under a D&O policy.
  • An LCIA arbitration (2021) involving a claim on a trade credit insurance policy, led by Siobán Healy KC.
  • An LCIA arbitration (2021) involving a claim on a D&O policy and involving the application of US sanctions in relation to Russian insureds, led by Jawdat Khurshid KC.
  • A €130m ICC arbitration (2015) arising out of the supply of steel for use in a subsea pipeline, led by Stephen Hofmeyr KC.
  • A US$50m ICC arbitration (2013) concerning oil exploration and production rights in which Anna acted for a Middle East Government, led by Rebecca Sabben-Clare KC.

Anna has extensive experience of all kinds of dry shipping disputes including those under charterparties, bills of lading, FOB and CIF contracts.  She is also regularly instructed in disputes concerning the trade, carriage and storage of commodities.

Selected recent cases:

  • Quadra Commodities SA v XL Insurance Company SE and others [2023] EWCA Civ 432 (CA), a claim under a marine cargo policy for the loss of grain from Ukrainian warehouses, led by Jawdat Khurshid KC.
  • Advisory work (2023) following the obstruction of the Suez Canal by the Ever Given
  • An LCIA arbitration (2021) involving a claim on a trade credit insurance policy for loss sustained in connection with contracts for the sale of goods, led by Siobán Healy KC.

Selected earlier cases:

  • An arbitration (2019) concerning the alleged excessive generation of boil-off gas by LNG vessels under time charter, led by Stephen Hofmeyr KC.
  • A €130m ICC arbitration (2015) arising out of the supply of steel for use in a subsea pipeline, led by Stephen Hofmeyr KC.
  • A time charter dispute arising out of tank damage sustained following the shipment of phosphoric acid, led by Charles Priday.
  • An arbitration arising out of the non-performance of shipments under a COA, led by Stephen Hofmeyr KC.
  • A US$ 6m unsafe port claim arising out of the collision and detention of a vessel by authorities in Bangladesh, led by Charles Priday.
  • The Aconcagua [2010] 1 Lloyd’s Rep. 1, a claim arising out of the explosion of a dangerous and negligently stowed cargo, led by Robert Bright KC.
  • A multi-party shipping dispute concerning the proper allocation of responsibility for loss and damage caused by a failure properly to load, stow and secure, led by Richard Lord KC.

Energy represents a growing area of Anna’s work.

Selected cases:

  • A €130m ICC arbitration relating to the supply of steel plates for use in a subsea pipeline, led by Stephen Hofmeyr KC.
  • A US$50m ICC arbitration concerning oil exploration and production rights in which Anna acted for a Middle East government, led by Rebecca Sabben-Clare KC.
  • An LCIA arbitration concerning the termination of a 3D seismic acquisition contract.
  • An ICC arbitration arising out of a consultancy agreement concluded in connection with a Middle East gas to liquids project.
  • A US$2billion ICC arbitration concerning rights under an oil production sharing agreement in which Anna acted for a Middle East government, led by Alistair Schaff KC.

Anna is currently representing Reed Smith in a claim brought against it by a sanctioned entity, raising issues as to the application of US sanctions and the Retained Blocking Regulation. Anna has also had recent involvement in Merx Aviation Servicing Limited v Chubb European Group SE and others and in other leading cases concerned with the alleged loss of aircraft leased to Russian airlines following the Russian invasion of Ukraine and the subsequent imposition of sanctions against Russia.

Other cases include:

  • An arbitration (2021) concerned with the effect of US sanctions against Russian individuals on the rights of insureds under policies of D&O insurance, led by Jawdat Khurshid KC.
  • Mamancochet Mining Ltd v Aegis Managing Agency Ltd (and others) [2018] EWHC 2643 (Comm), [2018] 2 Lloyd’s Rep. 441, an expedited claim for an indemnity under a marine cargo insurance policy, raising questions as to the application of US sanctions against Iran, led by Jawdat Khurshid KC.
  • Galantis (Respondent) v Alexiou and another (Appellants) (Bahamas) [2019] UKPC 15, an appeal to the Privy Council concerning issues of statutory construction and the scope of the oppression remedy, led by Stephen Hofmeyr KC.
  • ‘Anna has a strong eye for detail and provides clear, practical advice. She is contactable and easy to deal with. She is able to think quickly and deal with changing circumstances both on paper and at court.’

     Insurance and Reinsurance, Legal 500 2024

  • ‘Ferociously intelligent, very hard-working, and provides fast and sensible advice when required. The quality of Anna’s written work is outstanding, such that we are always delighted with her work product, and she is unafraid to provide advice on difficult problems.’ Legal 500 2022
  • ‘Her written work is excellent – very clear and considered. She never misses a deadline.’ Legal 500 2021
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