Anna Gotts

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, CAR, marine cargo and mortgagees’ interest.

Anna is currently engaged on behalf of members of the All Risks insurance market 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.  She is also currently instructed in an arbitration concerned with claims under a political violence policy arising out of the alleged loss of fuel in Afghanistan.

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.
• 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 (instructed on behalf of insurers) had the action struck out.
• Advisory work (2023) concerning broker’s alleged negligence.
• A coverage dispute (2023) concerning a land tax mitigation scheme.
• A coverage dispute (2023) arising out of a well-known UK public disaster, led by Andrew Wales KC.
• 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 on a trade credit insurance policy, led by Siobán Healy KC.
• An LCIA arbitration (2021) arising under a D&O policy and concerning the application of US sanctions against Russian individuals, led by Jawdat Khurshid KC.
• A substantial claim on a D&O policy involving allegations of fraud, 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 against Iran, 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.

Anna is routinely instructed in commercial disputes.

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 (instructed on behalf of insurers) had the action struck out.
• Advisory work (2023) concerning 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 arbitration arising under a political violence insurance policy.

Selected cases:

• Advisory work (2022) 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 individuals, 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 engaged on behalf of members of the All Risks insurance market 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.