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Anna Gotts

Year of Call:	2001
Email:	agotts@7kbw.co.uk

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Practice Profile

Anna joined 7KBW in 2001, following the completion of her pupillage, and has been practising as a commercial barrister since then.

Anna specialises in commercial litigation and arbitration. Her practice covers all areas of commercial law, with an emphasis on shipping, sale of goods, insurance, reinsurance, arbitration and general commercial disputes. In addition, Anna has experience in a wide range of other areas of commercial law, including: agency, construction, professional negligence, conflicts of laws, jurisdiction issues, injunctions, road transport and energy. She undertakes a broad range of advocacy and advisory work, both on her own and as a junior. Anna is happy to accept instructions on matters which fall outside the areas of expertise listed above, provided she feels that her skills and experience are suitable for the case. If you are interested in instructing her on any particular matter, please contact our clerks to discuss the requirements of the case and Anna’s availability.

Areas of Expertise

Commodities

Show Cases:

Selected cases:

A €130million ICC arbitration arising out of the supply of defective steel plates for use in a subsea pipeline for the transportation of hydrocarbons between Russia and Europe. Anna was led by Stephen Hofmeyr Q.C.

Energy & Natural Resources

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Energy represents a growing area of Anna’s work.

Selected cases:

An ICC arbitration involving some US$50+ million concerning oil exploration and production rights. Anna acted for a Middle East Government and was led by Rebecca Sabben-Clare Q.C..
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
An ICC arbitration involving some US$2billion and arising out of the alleged extension of an oil production sharing agreement. Anna was instructed on behalf of a Middle East government and worked with a team of counsel comprising Samuel Wordsworth, Gavin Geary and Alistair Schaff Q.C.

General Commercial Disputes

Show Cases:

Selected cases:

An arbitration arising out of the non-performance of shipments under a contract of affreightment. This case entailed a detailed analysis of the proper construction and application of contractual nomination and force majeure provisions. Title to sue and the proper calculation of damages, as well as issues of waiver and estoppel, also arose. Anna was led by Stephen Hofmeyr Q.C..
An arbitration arising out of a contract for the construction of port facilities and raising issues as to the proper construction and application of a condition subsequent and liquidated damages provision. Anna was led by Robert Bright Q.C..
A €130million ICC arbitration arising out of the supply of defective steel plates for use in a subsea pipeline for the transportation of hydrocarbons between Russia and Europe. Anna was led by Stephen Hofmeyr Q.C..
An ICC arbitration involving some US$50+ million concerning oil exploration and production rights. Anna acted for a Middle East Government and was led by Rebecca Sabben-Clare Q.C..
An arbitration involving claims for conspiracy to injure and wrongful Rule B attachment. Anna was led by Richard Southern Q.C..
A jurisdiction application concerning the relationship between the jurisdiction provisions contained in the CMR and those contained in Council Regulation (EC) No. 44/2001.
The Rays [2005] 2 Lloyd’s Rep. 479. Anna represented the UK Mutual Steamship Assurance Association (Bermuda) Ltd in a two day Commercial Court trial concerning the alleged breach of a letter of undertaking.
A construction arbitration arising out of an alleged failure to provide drawings in time and in accordance with the contract. Anna was led by David Allen Q.C..
A trial of preliminary issues concerning the incorporation and application of a contractual time bar. Anna successfully resisted a subsequent application to amend which raised issues of res judicata and abuse of process.

Insurance & Reinsurance

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Anna has acted in a wide range of insurance and reinsurance disputes, both in a commercial and consumer context. She has been instructed in coverage disputes where policy defences (including misrepresentation, material non-disclosure and breach of warranties / conditions precedent) have been raised. She has advised and settled statements of case in disputes involving the recoverability of sums paid under commutations and other similar settlement agreements. She has also been instructed as junior counsel in large scale and complex reinsurance disputes.

Selected cases:

A coverage dispute applying CIDRA 2012
An arbitration concerning the reinsurance of personal accident and workers’ compensation carve out risk.
An international reinsurance arbitration concerning the proper construction and application of a sue and labour clause.
Hollywood 4 and 5 film finance litigation.

International Arbitration

Show Cases:

Selected cases:

A €130million ICC arbitration arising out of the supply of defective steel plates for use in a subsea pipeline for the transportation of hydrocarbons between Russia and Europe. Anna was led by Stephen Hofmeyr Q.C..
An ICC arbitration involving some US$50+ million concerning oil exploration and production rights. Anna acted for a Middle East Government and was led by Rebecca Sabben-Clare Q.C..
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
An ICC arbitration involving some US$2billion and arising out of the alleged extension of an oil production sharing agreement. Anna was instructed on behalf of a Middle East government and worked with a team of counsel comprising Samuel Wordsworth, Gavin Geary and Alistair Schaff Q.C.

Shipping & Transport

Show Cases:

Anna has extensive experience of all kinds of dry shipping disputes including those under charterparties, bills of lading, FOB and CIF contracts. She has been instructed in cases involving dangerous cargoes, negligent stowage, unseaworthiness, demurrage, delivery and redelivery obligations, cancellation clauses, withdrawal and anti-technicality clauses, speed and consumption claims, bunker disputes and unsafe ports. Anna has also advised and settled statements of case in salvage disputes.

Selected cases:

A time charter dispute arising out of damage allegedly sustained to a vessel’s stainless steel cargo tanks following the shipment of phosphoric acid. Anna is led by Charles Priday.
An arbitration arising out of the non-performance of shipments under a contract of affreightment. This case entailed a detailed analysis of the proper construction and application of contractual nomination and force majeure provisions. Title to sue and the proper calculation of damages, as well as issues of waiver and estoppel, also arose. Anna was led by Stephen Hofmeyr Q.C..
A US$ 6million unsafe port claim. The claim arose out of the collision and subsequent unlawful detention of the vessel by port authorities in Bangladesh. Anna acted for charterers and was led by Charles Priday. The claim settled favourably.
A US$750,000 voyage charter dispute. The claim arose out of charterers’ failure to provide any cargo for loading. Anna acted for owners and was led by Charles Priday. The claim settled favourably.
The “Johannes Maersk”/”Cove Island”. Anna defended A.P. Moller-Maersk A/S against a US$ 800,000 bill of lading claim, which settled favourably. Issues arose concerning the terms of the carriage, the nature of the defendant’s duty with regard to the refrigeration of the cargo and the defendant’s entitlement to rely upon various defences in the Hague (Visby) Rules.
The Aconcagua [2010] 1 Lloyd’s Rep. 1. Led by Robert Bright Q.C., Anna acted for the defendant shippers in a case arising out of the explosion of a dangerous and negligently stowed cargo.
A shipping arbitration involving claims for conspiracy to injure and wrongful Rule B attachment. Anna was led by Richard Southern Q.C..
A shipping arbitration concerning the attribution of loss following the master’s decision to put back in the belief that the vessel’s DRI cargo was on fire. Anna acted for the vessel owners and was led by Stephen Hofmeyr Q.C.
An international shipping arbitration in which it was alleged that a time charterparty was concluded without actual, ostensible or usual authority and was accordingly not binding upon charterers.
A multi-party shipping dispute concerning the proper allocation of responsibility for loss and damage to cargo allegedly caused by a failure properly and carefully to load, stow and secure. Anna was led by Richard Lord Q.C.
An arbitration under LOF 2000 concerning contractors’ entitlement to recover in respect of storage services provided after termination of the LOF. Anna was led by Timothy Brenton Q.C.

Education

University College, Oxford: BA Jurisprudence (1999) During her time at University College, Anna was awarded an Exhibition Scholarship and the Alan Urbach Memorial Prize for Jurisprudence. College of Law, London (2001) Anna was made a Lincoln’s Inn Hardwicke Entrance Scholar in 1999 and a Lincoln’s Inn Sunley Scholar in 2000.

Contact Clerks

Email: clerks@7kbw.co.uk
Office Hours: 8.00 a.m. to 7.30 p.m.
Out of hours: +44 (0)7831 394225

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