Reported Cases
Enka v Chubb: Supreme Court confirms the proper approach to determining the governing law of an arbitration agreement
Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 The Supreme Court has this morning handed down judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, which is set to become the leading authority on the governing law of arbitration agreements and the role of […]
October 9, 2020
7KBW team defend Chubb Group against anti-suit injunction: English Courts not the appropriate forum to determine whether Russian proceedings were brought in breach of London arbitration agreement
Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2019] EWHC 3568 (Comm) David Bailey QC, Marcus Mander and Clara Benn have successfully defended members of the Chubb Group in an expedited trial of a claim for injunctive and declaratory relief brought by Enka, a Turkish engineering company involved in the construction […]
January 8, 2020
‘Subject to contract’ and ‘subject to board approval’: Judge confirms no binding settlement agreement in arbitration dispute
[2018] EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]
May 10, 2018
Starlight Shipping v Allianz Marine
As an alternative to an anti-suit injunction (outlawed in the EU by Turner v Grovit and West Tankers), the Commercial Court confirms that an award of damages for breach of an English Jurisdiction Clause is compatible with EU law. Mr Justice Flaux’s decision in Starlight Shipping Company v Allianz Marine and Aviation Versicherungs AG & […]
September 26, 2014
Starlight Shipping v Allianz Marine
The Court of Appeal confirms that an award of damages for breach of a jurisdiction clause is not inconsistent with EU law. To view the judgment, please click here.
July 18, 2014
Conlon v Black Horse Ltd
In Conlon v Black Horse, the Court of Appeal confirms that the non-disclosure of commission earned on PPI premium does not render a relationship ‘unfair’, but grants permission to appeal to the Supreme Court.
December 16, 2013
Firodi Shipping Ltd v Griffon Shipping LLC
David Bailey QC and Marcus Mander acted for the Seller before the Court of Appeal in a dispute arising under a Memorandum of Agreement for the sale of a vessel on Norwegian Saleform 1993 terms. The dispute raised the controversial question as to the Seller’s entitlement to claim the deposit in circumstances where the Buyer […]
December 10, 2013
Alexandros T [2013] UKSC 70
In an important judgment upholding the integrity and effectiveness of exclusive jurisdiction clauses generally and settlement agreements specifically, the Supreme Court, reversing the decision of the Court of Appeal, has held inter alia that a claim for breach of a settlement agreement and/or an exclusive jurisdiction clause will not attract a mandatory stay under Article […]
November 6, 2013
“Front Comor” West Tankers Inc v Allianz SpA & Another – Flaux J Judgment
David Bailey QC, Marcus Mander and Elizabeth Lindesay acted for Owners in the latest instalment of the Front Comor case, in which Flaux J. allowed an appeal by Owners from an arbitration award in respect of Owners’ claim against Italian Insurers for equitable damages for breach of the obligation to arbitrate. As is well-known, in […]
April 4, 2012
“Front Comor” West Tankers Inc v Allianz SPA & Anor – Court of Appeal
Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — Council Regulation (EC) No 44/2001, articles 33 and 34. David Bailey QC and Marcus Mander successfully acted for the Claimant on an application by the Defendants […]
January 25, 2012
Starlight Shipping v Allianz Marine
James Drake QC and Emma Hilliard appeared for the Claimants; David Bailey QC and Jocelin Gale appeared for the Intended Defendant. Practice – Compromise – Shipowner bringing proceedings against insurers for indemnity under marine insurance policy – Action settled on terms set out in Tomlin Order – Shipowner subsequently bringing claims against insurers in Greece […]
January 16, 2012
“Fesco Angara” Oceanconnect UK Ltd & Anor. -v- Angara Maritime Ltd
[2010] EWCA Civ 1050; [2011] 1 Lloyd’s Rep. 399 David Bailey QC and Emma Hilliard appeared in Court of Appeal for the successful appellants in an appeal to from the decision to grant an anti-suit injunction.
October 12, 2010
AC Ward -v- Catlin (Five) Limited
[2010] Lloyd’s Rep IR Plus 12 David Bailey Q.C. Insurance (theft) – Application for summary judgment by insurers – Policy containing burglar alarm and protection maintenance terms – Whether provisions were warranties – Construction of scope of warranties. This was an appeal against the decision of HHJ Mackie QC, [2010] Lloyd’s Rep IR Plus 11, […]
July 1, 2010
“Pace” Pace Shipping Co Ltd (Malta) -v- Churchgate Nigeria Ltd (Nigeria)
[2010] 1 Lloyd’s Rep 183 (Teare J) Simon Picken QC and Jessica Sutherland successfully defended applications made by the Claimant (David Bailey QC) pursuant to sections 68, 69 and 70 of the Arbitration Act 1996. The appeal concerned the construction of section 2(2)(a) of the Carriage of Goods by Sea Act 1992 (CoGSA 92). The […]
July 31, 2009
“Front Comor” Allianz Spa and Another –v- West Tankers Inc
[2009] 1 AC 1138; [2009] 1 Lloyds Rep 413 Timothy Brenton QC and David Bailey QC acted in this matter – Arbitration — Anti-suit injunction — Judicial proceedings commenced in Italy — Alleged breach of arbitration clause for arbitration in London — Whether English court empowered to grant anti-suit injunction to restrain continuation of Italian […]
February 10, 2009
Mega Yachts arbitration
David Bailey Q.C. leading Alexander MacDonald – LMAA arbitration between German Shipyard and six purchasers (2009-ongoing): Acting for a German shipyard in connection with a high profile dispute concerning the construction of 6 ‘mega-yachts’, and successfully obtained a preliminary award concerning an outstanding instalment.
January 1, 2009
Pratt -v- Aigaion Insurance Co SA
[2009] Lloyd’s Rep IR 149; [2009] 1 Lloyd’s Rep. 225; [2008] Lloyd’s Rep IR 610, [2009] 2 All ER (Comm) 387, [2008] 2 All ER (Comm) 574 David Bailey Q.C. Insurance – construction of warranty Insurance (marine) – Time policy on fishing trawler – Warranty requiring skipper and crew member to be on board at […]
November 27, 2008
“Reborn” Mediterranean Salvage & Towage Ltd –v- Seamar Trading & Commerce Inc
[2008] 2 Lloyd’s Rep. 628 David Bailey Q.C. – voyage charter – safe berth – implied warranty Charterparty (Voyage) – Specified load port named in berth charter – Port containing several berths to which vessel could be directed to load – Vessel sustaining damage while berthing – Whether charterparty containing implied term obliging charterers to […]
August 1, 2008
Scan Shipping A/S -v- APL Co Pte Limited
[2008] EWHC 634 (QB) David Bailey Q.C. acted for the Defendant – agency – injunction – arbitration
March 19, 2008
Governor And Company Of The Bank Of Scotland –v- Euclidian (No 1) Ltd
[2008] Lloyd’s Rep. IR 182 David Bailey Q.C. and Jawdat Khurshid – ATE insurance Insurance (after the event) – Bank lending money to claimants to fund premium for ATE insurance – Binding authority issued by underwriters to operator of scheme for issue of certificates of insurance to claimants – Policies assigned to bank – Whether […]
July 20, 2007
Dornoch Ltd & Ors v The Mauritius Union Assurance Co. Ltd.
[2006] 1 Lloyds Rep IR 786; [2006] 2 Lloyd’s Rep. 475; [2006] Lloyd’s Rep IR 127; [2006] 2 All ER (Comm) 385 Gavin Kealey Q.C. leading David Bailey – Reinsurance – banker’s blanket policy – jurisdiction Reinsurance – Conflict of laws – Direct bankers’ blanket policy governed by law of Mauritius – Reinsurance governed by […]
May 19, 2007
“Front Comor” West Tankers Inc -v- Ras Riunione Adriatica di Sicurta
[2007] 1 Lloyd’s Rep. 391; [2005] 2 Lloyd’s Rep. 257; [2007] 1 All ER (Comm) 794; [2005] 2 All ER (Comm) 240 Timothy Brenton Q.C. and David Bailey – This matter arose out of a collision between a vessel and a jetty in Italy. At the interlocutory stage the matter went to the House of […]
February 21, 2007
“Athena” (No.2) Sea Trade -v- Hellenic Mutual War Risks Association
[2007] 1 Lloyds Rep 280; [2007] 1 All ER (Comm) 183 Timothy Brenton Q.C. and David Bailey Q.C. represented the claimants – War risk insurance; total loss; incorporation of arbitration clause. Arbitration – Jurisdiction and error of law – P&I Association Rules – Arbitration clause contained in Rules – Whether arbitration clause incorporated into contract […]
October 18, 2006
“New Foundland Explorer” GE Frankona -v- CMM Trust
[2006] Lloyd’s Rep. IR 704; [2006] 1 All ER (Comm) 665 Dominic Kendrick Q.C. and David Bailey acted in loss of a vessel through fire and the construction of a marine insurance warranty. The true factual position with regard to the crewing of the Vessel at any particular time Insurance (marine) – Yacht insured against […]
March 22, 2006
Goshawk Dedicated (No 2) Ltd -v- Governor and Company of the Bank of Scotland
[2006] 2 All ER 610 Christopher Butcher Q.C. and David Bailey – After the Event insurance Consumer Credit – Agreement – Form and content of agreement – Cancellation notice – Claims management scheme including credit agreement and insurance policy – Requirement that notice of cancellation of credit agreement omit statement that notice not affecting contract […]
December 14, 2005
Equitas Ltd -v- Wave City Shipping Co. Ltd.
[2006] Lloyd’s Rep. IR 646; [2005] 2 All ER (Comm) 301 David Bailey acted for the Claimants in this Reinsurance- negative declaratory relief – Jurisdiction – Article 5 of Jurisdiction Regulation Insurance (marine war risks) – Conflict of laws – Vessel becoming constructive total loss – War risks insurers refusing to make payment – Insurers […]
May 13, 2005
“Hassat”
Timothy Brenton Q.C. and David Bailey – Bill of lading, whether casualty caused by actionable unseaworthiness. (Opponents conceded liability during trial).
May 5, 2004
Munich Re -v- Commonwealth Insurance Co.
[2005] Lloyd’s Rep IR 99 David Bailey – Reinsurance – jurisdiction – significance of English law – related claim against the brokers – forum non conveniens Reinsurance – Conflict of laws – Forum non conveniens – Retrocession between a Canadian cedant and the London branch of the retrocessionaire – Contract made in England and governed […]
April 28, 2004
Munchener Ruckversicherungs Gesellschaft -v- Commonwealth Insurance Co
[2005] Lloyd’s Rep IR 99 David Bailey – Reinsurance – Conflict of laws – Forum non conveniens – Retrocession between a Canadian cedant and the London branch of the retrocessionaire – Contract made in England and governed by English law – Disputes as to meaning of retrocession – Service of English proceedings on cedant in […]
April 28, 2004
“Morris J Berman” Caribbean Petroleum -v- Cristal Limited
[2004] 1 Lloyd’s Rep. 48 David Bailey – Oil pollution – construction of the Cristal contract Contract – Construction – Cristal contract – Oil spill – Whether compensation paid by claimants in settlement of claims brought by U.S. Department of Justice on behalf of U.S. Oil Spill Liability Trust Fund constituted “amounts paid by a […]
October 15, 2003
Barings -v- Coopers & Lybrand
[2003] Lloyd’s Rep IR 566; see also [2002] 2 BCLC 410, [2002] 2 BCLC 364, and [2001] Lloyd’s Rep PN 379 Jonathan Gaisman Q.C., Christopher Butcher Q.C., David Bailey and James Brocklebank were part of the team defending Deloitte & Touche in respect of their role as auditors of Baring Futures Singapore. The claim against […]
June 11, 2003
Martini Investments -v- McGinn
[2001] Lloyd’s Rep IR 374 David Bailey – Insurance – explosion – proximate cause – whether property damage caused by tephra – indemnity costs Insurance (householders) – Proximate cause – Policy insuring against explosion – Volcano erupting on Montserrat – Tephra including ash deposited on property – Property suffering deposit and corrosion damage – Whether […]
May 11, 2000
Gefco -v- Mason (No 2)
[2000] 2 Lloyd’s Rep. 555 David Bailey – carriage of goods – exclusion of damages for delay Carriage by road – CMR – Loss of profits – Damages for delay in delivery – Contract for carriage of goods between England and France – Defendant alleged renunciatory breach of claimants caused substantial loss of profits – […]
February 21, 2000
Rank Enterprises -v- Gerard
[2000] 1 Lloyd’s Rep. 403, [1999] 2 Lloyd’s Rep 666 David Bailey QC – Sale of ship – construction of MOA – claims against the ship – aggregate financial limits Sale of ship – Guarantee – Norwegian Sale form – Clause 9 – Construction – Meaning of words “should any claims which have been incurred […]
January 27, 2000
“Solon” Cero Navigation -v- Jean Lion
[2000] 1 Lloyd’s Rep. 292 David Bailey acted for the Owners – strike clause – proper approach to construction of charterparty Charter-party (Voyage) – Strike clause – Construction – Strike or disruption delayed loading of vessel – Whether strike clause ambiguous – Whether a strike within meaning of clause operated so as to interrupt laytime.
January 11, 2000
Cero Navigation Corp -v- Jean Lion & Cie
[2000] 1 All ER (Comm) 214 David Bailey – Shipping – Demurrage – Expiry of laytime – Strike occurring while vessel on laytime – Whether laytime extended by strike – Sugar Charterparty 1969, cl 28.
January 11, 2000
Universities Superannuation Scheme -v- Royal Insurance
[2000] Lloyd’s Rep IR 524 Jonathan Gaisman QC and David Bailey – Fidelity Insurance – discovery of fraudulent acts and limitation Insurance (fidelity guarantee policy) – Limitation of actions – Limitation Act 1980, section 5 – Policy covering fraudulent acts if discovered within twenty-four months – Whether limitation period arose on occurrence of fraudulent act […]
December 1, 1999
“Sea Maas” RPS Prodotti Siderurgici SRL and others -v- Owners and/or demise charterers of The Sea Maas
[1999] 2 Lloyd’s Rep. 281 David Bailey acted for Plaintiffs – Admiralty practice – arrest of vessel – unseaworthiness – jurisdiction Admiralty practice – Arrest – Jurisdiction – Article 5(1) – Bill of lading cargo claim – Allegation of wetting damage to cargo of steel coils – Vessel arrested in England in October, 1998 and […]
June 10, 1999
“Bay Ridge” Manatee and Coastal -v- Oceanbulk
[1999] 2 Lloyd’s Rep 227 Dominic Kendrick Q.C. and David Bailey acted in a brokers commission on ship sales – Sale of ship – Contract – Binding contract – Negotiations for proposed sale of tanker – Whether negotiations resulted in binding contract of sale.
May 18, 1999
Manatee Towing Co and another v Oceanbulk Maritime SA and another; Oceanbulk Maritime SA and another -v- Manatee Towing Co and others; Manatee Towing Co and another -v- McQuilling Brokerage Partners Inc
[1999] 2 All ER (Comm) 306 David Bailey – Contract – Enforceability – Certainty of terms – Negotiations taking place on a particular day for sale of tanker – Offer to buy made based on main terms but subject to agreement of further terms and conditions – Recap sent at end of day recording main […]
May 18, 1999
Gefco -v- Mason
[1998] 2 Lloyd’s Rep. 585 David Bailey acted for Geyco – carriage by road – umbrella contract – application of CMR Carriage by road – CMR – Consignment note – Contract for carriage of goods between England and France – Whether contract an overall umbrella contract under which individual contracts for each journey undertaken – […]
July 9, 1998
Municipal Mutual Insurance -v- Sea Insurance
[1998] Lloyd’s Rep IR 421, [1996] L.R.L.R. 265 David Bailey – Reinsurance – fs clause – proper and business like steps – time on risk Facultative reinsurance contracts – Legal liability – Excess – Construction – Terms to be implied – Reinsurance of ports liability – Damage caused by groups of individuals over 18 months […]
March 26, 1998
Den Danske Bank A/S, Nomura Bank, Bank of Tokyo -v- Skipton Building Society, Economic Ins. Co. Ltd. and Kleinwort Benson Ltd
[1998] 1 EGLR 155 Gavin Kealey Q.C. and David Bailey. Mortgage Indemnity Insurance – mortgage portfolio securitisation (Commercial Court, Thomas J.) judgment December 1997: Acting for defendants against all other parties in 2 month trial in the Commercial Court: loan portfolio transfers, construction of lending criteria, bank Broking Deeds and assignments, application of insurance terms, […]
December 19, 1997
Toepfer -v- Cargill
[1998] 1 Lloyd’s Rep. 379 David Bailey acted in this breach of arbitration agreement – anti-suit injunction Sale of goods (c.i.f.) – Arbitration agreement – Breach – Anti-suit injunction – Sale of soya bean meal pellets – Dispute as to condition of cargo – Defendants brought emergency and substantive proceedings in French Courts – Whether […]
November 25, 1997
Hewett & Co. and Anor. -v- Sinclaire Roche & Temperley and Anor.
[1997] 2 W.L.R. 401 David Bailey and David Allen acted in this matter involving documents held by one solicitor to another’s order – whether there was a breach of undertaking when photocopies were retained by the second solicitor – whether compensation payable under the Solicitors Act 1974 Solicitor – Costs – Lien – Plaintiffs having […]
October 21, 1997
Laceys Footwear (Wholesale) Ltd. –v- Bowler International Freight Ltd. And Another
[1997] 2 Lloyd’s Rep. 369 David Bailey acted for the defendant – carriage by road – wilful misconduct – limitation of liability Carriage by road – CMR – Limitation of liability – Carriage of consignment of goods from Alicante to London – Consignment stolen – Carriers failed to effect insurance – Plaintiffs claimed damages – […]
April 18, 1997
Royal Boskalis Westminster v Mountain
[1997] 2 All ER 929 Alistair Schaff, Stephen Hofmeyr, David Bailey, and Sioban Healy acted in a claim involving illegality and duress arising out of the first Gulf War. Marine insurance – Measure of indemnity – Suing and labouring clause – Plaintiff companies operating dredging fleet in Iraq under contract with Iraqi government – Plaintiffs […]
March 19, 1997
Bentley And Another -v- Gaisford And Another
[1997] 2 WLR 401; [1997] QB 627; [1997] 1 All ER 842 David Bailey and David Allen – Solicitor – Costs – Lien – Plaintiffs having lien over client’s documents for unpaid fees – Client terminating retainer and requesting transfer of documents to defendants – Undertaking to hold documents to plaintiffs’ order – Defendants copying […]
October 21, 1996
“Cienvik” Unicargo -v- Flotec
[1996] 2 Lloyd’s Rep 395 David Bailey – injunction – jurisdiction to serve out of the jurisdiction Practice – Jurisdiction – Order 73, r. 7 – Court made order for inspection of vessel and service of originating summons on defendants – Alleged failure to comply with order – Whether Court had jurisdiction to give leave […]
November 16, 1995
Philipp Brothers -v- Republic of Sierra Leone
[1995] 1 Lloyd’s Rep 289 Jonathan Gaisman and David Bailey acted for judgment creditors – garnishee order – intervention of EC Commission Practice – Garnishee order – Intervenors – Amount in “SIP” account subject to order – Order to be made absolute – Intervention by EC Commission – Whether amount in account subject to trust […]
November 24, 1994
Gidrixslme Shipping -v- Tantomar Transportes
[1995] 1 W.L.R. 299 David Bailey – Freezing injunction – scope – jurisdiction in relation to disclosure order Injunction – Mareva injunction – Jurisdiction – Arbitration award – Mareva injunction applying only to assets within jurisdiction but disclosure of assets worldwide required – Whether court having power to grant injunction to enforce arbitration award – […]
May 11, 1994
Aqualon (UK) Ltd. And Another –v- Vallana Shipping Corporation And Others
[1994] 1 Lloyd’s Rep 669 David Bailey acted for the plaintiffs in this Title to sue matter – parties to contract of carriage Carriage by road – CMR – CMR carrier – Plaintiffs contracted with second defendants for carriage of goods from Holland to Warrington – Goods carried by sixth defendants – Goods lost or […]
November 17, 1993
“Maciej Rataj”
[1992] 2 Lloyd’s Rep.552 Alistair Schaff led David Bailey; and Charles Priday acted in this Important Court of Appeal (later European Court) decision on 1968 Brussels Convention on ‘lis alibi pendens’. Carriage by sea – Stay of action – Forum non conveniens – Damage to goods – Actions brought in Rotterdam and England – Whether […]
June 5, 1992
“Good Luck” Bank of Nova Scotia -v- Hellenic Mutual War Risks Association (Bermuda) Ltd.
[1992] 1 AC 233; [1991] 2 WLR 1279; [1990] 2 WLR 547; [1990] 1 QB 818 [1991] 3 All ER 1; [1991] 2 Lloyd’s Rep. 191; [1989] 3 All ER 628 Stephen Kenny and David Bailey were involved in this the leading case on the effect of a breach of an insurance warranty. The insurer […]
May 16, 1991
