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"A rising star and a class act"

Chambers and Partners 2017

Benjamin Parker

Year of Call:	2000
Email:	bparker@7kbw.co.uk

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Practice Profile

Benjamin Parker is a specialist commercial law barrister.

His practice extends to all areas of commercial law and encompasses litigation and arbitration (both domestic and international). The legal directories recommend him as a leading junior in his practice areas; they describe him as “an extremely able and knowledgeable junior”, who is “user-friendly”, provides “excellent service” and has “star quality”. Since becoming a tenant of 7 King’s Bench Walk in 2001, he has undertaken a wide variety of commercial litigation and arbitration in England and abroad. He has appeared in the House of Lords, the Supreme Court, and the Court of Appeal. He is frequently retained to provide expert testimony on English law to foreign courts and tribunals and has a substantial advisory practice. Recent leading cases in which he was instructed include SBM v. Zurich Insurance (the largest insurance claim to come before the Commercial Court), Rathbone v. Novae (a leading decision of the Court of Appeal on subrogation), BAT v. Exel Europe (a decision of the Supreme Court on international jurisdiction), and The Ocean Glory (one of the very few successful challenges to an arbitration award under s. 68 of the Arbitration Act 1996).

Areas of Expertise

Commercial Litigation

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Commercial disputes of all varieties lie at the heart of Benjamin Parker’s expertise and practice at the Bar. He is particularly experienced at dealing with multi-jurisdictional disputes, and in advising on the “conflict of laws”. In recent years he has also had much experience of obtaining urgent relief from the courts, including anti-suit injunctions and freezing injunctions. He is well-versed in bringing committal proceedings for contempt of court.

Representing (with Dominic Kendrick QC) excess insurers in SBM v. Zurich Insurance, the largest insurance claim before the Commercial Court. The case concerns the alleged total loss of an oil platform in the North Sea and its abandonment by its operators.
Representing commercial parties in relation to disputes in China arising out of the alleged loss / misappropriation of precious metals from warehouses.
Representing US energy company in long-running Commercial Court dispute with Nigerian company, arising out of the breakdown of the parties’ commercial relationship. Successful applications for urgent injunctive relief, and to commit directors for contempt of court.
Advising on the merits of an appeal to the Privy Council (from an appellate court in the Caribbean) concerning the recognition and enforcement of foreign judgments at common law and the scope of the “public policy” defence to recognition. The dispute settled shortly before the hearing of the appeal was due to take place.
Commercial Court claim for commission and compensation under the Commercial Agents (Council Directive) Regulations 1993.
Numerous jurisdictional applications, both under the European conventions and at common law on forum non conveniens grounds. These include a jurisdictional battle in relation to a Commercial Court claim to enforce promissory notes with a value in excess of £100 million.
Excalibur Ventures LLC v. Texas Keystone [2011] 2 Lloyd’s Rep 289: dispute concerning rights to exploit oil and gas fields in the Middle East; availability of anti-arbitration injunction.
Webster Thompson v. JG Pears [2009] 2 Lloyd’s Rep 339: Commercial Court trial concerning the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. Important development of the law concerning satisfactory quality of goods, and referred to in Benjamin’s Sale of Goods.
Professional negligence claim against leading firm of solicitors, raising various issues of shipping law (including as to the effect of COGSA 1992).
Numerous claims arising out of the Buncefield gas explosion, raising issues as to the tort of private nuisance, the actionability of public nuisances, and the recovery of “pure” economic losses.
Sinco v. Lloyd’s Syndicate 980: instructed in appeal to Court of Appeal concerning lis alibi pendens and the availability of damages for breach of a jurisdiction clause.
The Front Comor [2007] 1 Lloyd’s Rep 391 (House of Lords): availability of anti-suit injunctions in support of arbitration agreements.
Balmoral Group v. Borealis [2006] 2 Lloyd’s Rep 629: seller’s obligations as to the quality of goods supplied under international sale contracts.

Insurance & Reinsurance

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Benjamin Parker is experienced in handling complex insurance and reinsurance disputes, across the spectrum of marine and non-marine business. He is presently instructed for excess insurers in what is financially the most significant insurance claim before the Commercial Court in London. His work in this area includes the following:

Representing (with Dominic Kendrick QC) excess insurers in SBM v. Zurich Insurance, the largest insurance claim before the Commercial Court. The case concerns the alleged total loss of an oil platform in the North Sea and its abandonment by its operators.
Rathbone Brothers Plc v. Novae Corporate Underwriting [2015] Lloyd’s Rep IR 95: leading modern decision of the Court of Appeal on the doctrine of subrogation in insurance law, and the limitation on the availability of a subrogated claim against a co-insured. Junior to Dominic Kendrick QC in Rathbone’s successful appeal to the Court of Appeal. Very substantial PI insurance claim concerning allegations of breach of trust.
Instructed for the insured in a multi-million dollar claim for the total loss of a fishing vessel by fire/explosion in the Pacific Ocean.
Equitas Ltd v. Walsham Bros [2014] Lloyd’s Rep IR 398 (Commercial Court): acted for Equitas (with Christopher Butcher QC) in successful claim against brokers for failure to remit payments. The case raised important issues as to the scope of duties owed by insurance/reinsurance brokers, as to the construction of the Lloyd’s R&R settlement agreements, and as to limitation. Also instructed to appear in the Court of Appeal (the case settled shortly before the hearing of the appeal was due to take place).
Represented (with David Bailey QC) leading US coverholder in legally complex dispute with London insurer concerning payment of profit commission and market practice.
Commercial Court claim concerning the commutation of a quota share treaty and the role and status of an expert determination.
Reinsurance/retrocession dispute concerning damage to oil installations in the Gulf of Mexico as a result of Hurricane Katrina.
Reinsurance arbitration concerning the September 11, 2001 terrorist attacks and whether very substantial contingency losses (e.g. arising out of the cancellation of the Ryder Cup / postponement of the Super Bowl) could be aggregated.
Advising on the construction of a major European bank’s “Crime Policy” in relation to US$80 million losses caused by dishonest employees.
Advising and settling pleadings in relation to an attachment / aggregation dispute under a leading international broker’s E&O policies in respect of PA LMX spiral losses.
Advising on coverage and attachment in relation to liability for class actions brought by South African gold miners for occupational diseases.

Energy & Natural Resources

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Many of Benjamin Parker’s recent cases have concerned disputes relating to energy and natural resources. His instructions in this area include the following:

Representing (with Dominic Kendrick QC) excess insurers in SBM v. Zurich Insurance, the largest insurance claim before the Commercial Court. The case concerns the alleged total loss of an oil platform in the North Sea and its abandonment by its operators.
Representing US energy company in long-running Commercial Court dispute with Nigerian company, arising out of the breakdown of the parties’ commercial relationship. Successful applications for urgent injunctive relief, and to commit directors for contempt of court.
UNCITRAL arbitration concerning oil exploration in Venezuela and urgent interim relief for security and injunctive protection.
Excalibur Ventures LLC v. Texas Keystone [2011] 2 Lloyd’s Rep 289: dispute concerning rights to exploit oil and gas fields in the Middle East; availability of anti-arbitration injunction.
Numerous claims arising out of the Buncefield gas explosion, raising issues as to the tort of private nuisance, the actionability of public nuisances, and the recovery of “pure” economic losses.

Shipping & Transport

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Benjamin Parker has been involved in some of the most significant shipping law and international carriage cases of the past decade, including The Rena casualty in New Zealand and the seminal decision of the House of Lords in The Achilleas (in which he represented the successful appellant). He is regularly instructed by P&I Clubs direct, and has been noted in the legal directories for his expertise in advising on the construction and effect of P&I Club rules. His instructions in the area of Shipping and Transport include the following:

The Achilleas [2009] 1 AC 61: leading decision of the House of Lords on remoteness of damage in the law of contract. Represented the successful Owners in their appeal to the House of Lords, with Dominic Kendrick QC.
British American Tobacco v. Exel Europe [2015] 3 WLR 1173: represented BAT in appeal to the Supreme Court concerning the jurisdiction regime under the CMR convention for claims against successive carriers and the relationship between the Judgments Regulation and specialist conventions (with Charles Priday).
The Rena: instructed by MSC (long-term time charterers) in relation to the grounding of the containership Rena and her subsequent loss.
The Ocean Glory [2015] 1 Lloyd’s Rep 67: successful challenge to arbitral award under s. 68 of the Arbitration Act 1996 for failure by tribunal to act fairly, contrary to the requirements of s. 33. One of the very few successful challenges under s. 68.
Representing owners in multi-million dollar Commercial Court dispute concerning the contamination of an oil cargo during ship-to-ship operations off the east coast of Africa.
Representing charterers in a multi-party arbitration concerned with the inability of an LNG carrier to perform cargo liftings as a result of being shut out of a loading terminal following an adverse SIRE inspection.
Defending owners in an arbitration claim in excess of US$100 million arising out of the grounding of a bulk carrier in Australia; allegations of unseaworthiness and incompetence of the master.
Numerous disputes under shipbuilding contracts, including representing the shipyard in a series of successful arbitrations arising out of the transactions which were considered by the Supreme Court in Rainy Sky SA v. Kookmin Bank [2011] 1 WLR 2900.
Numerous disputes under MOAs for the sale of vessels and superyachts. These include an arbitration concerning allegations of fraud and forgery against a Russian purchaser of a superyacht, and an arbitration raising complex legal issues as to the effect of Clause 9 of the Norwegian Saleform and the nature of statutory liens in Admiralty.
Multi-million dollar GA claim arising out of hurricane damage sustained to an oil tanker during a winter crossing of the Atlantic Ocean.
VTC v. PVS [2012] 2 Lloyd’s Rep 527: Commercial Court decision concerning the construction of a tanker time charterparty, and the application of a warranty of fitness to the “slop” tanks.
A wide variety of charterparty and bill of lading disputes, encompassing issues such as: the collision of the COSCO BUSAN into the Bay Bridge, San Francisco; the interplay between COGSA 1992 and rights of suit in bailment; charterparty guarantees and the Statute of Frauds 1677; strike clauses; and disputes arising out of various hurricanes in the Gulf of Mexico.
Author of “Liability for incorrectly clausing bills of lading” [2003] LMCLQ 201 (an article cited in Carver on Bills of Lading and Voyage Charters), and other journal articles on shipping law / international trade.

International Arbitration

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Much of Benjamin’s Parker work concerns international arbitration across the whole spectrum of commercial disputes. He is also experienced in making applications to the English courts in relation to arbitrations, and succeeded in making one of the few successful challenges to an arbitration award under s. 68 of the Arbitration Act 1996. Recent work in this area includes:

The Ocean Glory [2015] 1 Lloyd’s Rep 67: successful challenge to arbitral award under s. 68 of the Arbitration Act 1996 for failure by tribunal to act fairly, contrary to the requirements of s. 33. One of the very few successful challenges under s. 68.
Numerous arbitrations under shipbuilding contracts, including representing the shipyard in a series of successful arbitrations arising out of the transactions which were considered by the Supreme Court in Rainy Sky SA v. Kookmin Bank [2011] 1 WLR 2900.
ICC arbitration in Hong Kong, concerning the impact of the global financial crisis on the performance of a long-term international sale; complex issues under the Vienna Convention on the International Sale of Goods as to the right to suspend performance.
UNCITRAL arbitration concerning oil exploration in Venezuela and urgent interim relief for security and injunctive protection.
Excalibur Ventures LLC v. Texas Keystone [2011] 2 Lloyd’s Rep 289: dispute concerning rights to exploit oil and gas fields in the Middle East; availability of anti-arbitration injunction.

Professional Negligence

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Equitas Ltd v. Walsham Bros [2014] Lloyd’s Rep IR 398 (Commercial Court): acted for Equitas (with Christopher Butcher QC) in successful professional negligence claim against brokers for failure to remit payments. The case raised important issues as to the scope of duties owed by insurance/reinsurance brokers, as to the construction of the Lloyd’s R&R settlement agreements, and as to limitation. Also instructed to appear in the Court of Appeal (the case settled shortly before the hearing of the appeal was due to take place).
Professional negligence claim against leading firm of solicitors, raising various issues of shipping law (including as to the effect of COGSA 1992).

Civil Fraud

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Several disputes concerning fraudulent devices used in support of insurance claims.
Currently instructed in multi-million dollar Commercial Court dispute in which personal claims are brought against directors for losses caused by their company, relying on the wrongs of “dishonest assistance”, conspiracy, other economic torts. Obtaining urgent freezing injunctions and other urgent interim relief, and committal proceedings for contempt of court.
Author of article “Fraudulent bills of lading and bankers’ commercial credits” [2003] LMCLQ 1.

Admiralty

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Benjamin Parker is experienced in dealing with disputes falling within the jurisdiction of the Admiralty Court, and with maritime litigation and arbitration of a “wet” variety. He was instructed for MSC in the well-known Rena casualty in New Zealand, including in obtaining limitation decrees in his client’s favour. He has dealt with several collision claims, general average actions, and represented the owners in the well-known Rocknes salvage dispute (including in their successful appeal to the Lloyd’s Appeal Arbitrator).

Memberships

COMBAR

LCLCBA

Languages: French, German, Italian, Spanish

Education

Queen Mother Scholar of the Middle Temple MA (Jurisprudence).

University of Oxford (First Class).

BCL University of Oxford (First Class).

MA University of Cambridge (by incorporation).

Whilst at the University of Oxford, Benjamin Parker was awarded numerous university and college prizes, including the Sweet & Maxwell Prize for the best performance in his year, the Gibbs Prize, the Hurry Prize for the most distinguished first in finals, the Prize for International Trade, and the Prize for Corporate Insolvency.

General Information

Between 2001 and 2007 Benjamin Parker held a Fellowship in Law at St John’s College, Cambridge.

He was also a University Lecturer in Commercial Law and Assistant Director of the University’s Centre for Corporate and Commercial Law.

He has extensive experience of undergraduate and postgraduate lecturing in Commercial Law, International Sales, the Law of Agency, and Tort Law.

He was a member of the Editorial Committee of the Cambridge Law Journal between 2003 and 2007.

He is the author of numerous publications on commercial law, including Jack on Documentary Credits (a leading practitioner work on international financing mechanisms).

Directories

"A rising star and a class act. He has a superb grasp of detail, provides excellent advice and support quickly and efficiently and is, quite simply, a delight to work with. Chambers and Partners 2017
"A master of the detail" and a well-regarded junior who is at ease on his feet. Chambers and Partners 2017
"A very knowledgeable, detailed and smart lawyer." Chambers and Partners 2017
"Good at condensing complex issues into a much more manageable format." Chambers and Partners 2017
"Very good on the legal side and an absolute pleasure to deal with." Chambers and Partners 2017
"He has a calm and measured style." Chambers and Partners 2017
"He applies intellectual rigour to his work and combines it with a commercial approach." Legal 500 2016
"Diligent." Legal 500 2016
"He has an excellent written style." Legal 500 2016
“Very bright and produces very clear and well-structured written and oral submissions.” Chambers and Partners 2016
“He applies considerable intellectual rigour to his work.” Legal 500 2015
“Diligent, intellectual and user-friendly.” Legal 500 2015
“He is astute and has a practical approach” Legal 500 2015
“He is very knowledgeable and able” Chambers and Partners 2015
“Highly experienced in shipbuilding arbitrations and provides an excellent service” Legal 500 2014
“Great attention to detail” Legal 500 2014
“Incredibly thorough in his approach” Legal 500 2014
“He is a popular choice with solicitors and handles an array of work” Chambers and Partners 2014
“He is very academically sound and gives great opinions…His main virtue is that he is very conscious as to where the rights and wrongs in a case are.” Chambers and Partners 2014
“Wins full market support…Benjamin Parker…is an expert in both wet and dry shipping matters. Parker is widely regarded as one of the Shipping Bar’s rising stars, and has been involved in a number of the sector’s leading cases”. Chambers and Partners 2013
“User friendly, has great attention to detail, and combines good drafting skills with commercial nous” Legal 500 2013
“Extremely assiduous and thorough” Legal 500 2012
“Benjamin Parker is tipped to become one of the future stars of the Shipping Bar. Sources comment that he “has star quality” not to mention “a brain the size of a planet.” He has been involved in some of the most high-profile shipping and commodities cases over the past few years…” Chambers and Partners 2012
“An extremely able and knowledgeable junior who provides invaluable support” Legal 500 2011

Reported Cases

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Reported Cases

Rathbone Brothers Plc and another v Novae Corporate Underwriting and others

In this important decision of the Court of Appeal concerning the doctrine of subrogation and the construction of professional indemnity policies, both sides were represented by counsel from 7 King’s Bench Walk. The dispute arose under a policy of professional liability insurance issued to Rathbone Brothers Plc (“Rathbone”), their subsidiaries and insured persons. Claims had […]

November 14, 2014

The Ocean Glory (Lorand Shipping Ltd v Davof Trading)

The Ocean Glory concerned a challenge to an arbitral award on the ground of serious irregularity under section 68 of the Arbitration Act 1996. The Commercial Court considered and affirmed the duty incumbent on arbitrators to give notice to the parties where they intend to adopt a course of action which neither party had advocated, […]

October 30, 2014

Equitas Ltd v Walsham Brothers & Co. Ltd [2013] EWHC 3264 (Comm)

In Equitas v. Walsham Bros the Commercial Court ruled on a number of important legal issues concerning the duties owed by Lloyd’s brokers to pass on monies to reinsurers and reinsureds. The Court was also asked to consider and construe, for the first time, the complex agreements entered into across the Lloyd’s market as part […]

October 23, 2013

Balmoral Group Limited v Borealis (UK) Ltd

David Allen, Charles Holroyd and Benjamin Parker were involved in this leading case on the seller’s obligations as to the quality of goods supplied under international sale contracts. One of the largest product liability cases in the Commercial Court, David Allen Q.C. led Charles Holroyd for the Defendants, successfully defending a claim exceeding £50 […]

January 1, 2012

Excalibur Ventures LLC v Texas Keystone Inc & Gulf Keystone Petroleum Limited

Major case. Concerns various Kurdistan oil fields. Set for 10 week trial starting in October 2012. Anti suit-injunction application. The full judgment can be found here.

June 28, 2011

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+44 (0)20 7910 8300

"A rising star and a class act"

Chambers and Partners 2017

Benjamin Parker

Practice Profile

Benjamin Parker is a specialist commercial law barrister.

Areas of Expertise

Memberships

Education

General Information