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"Undoubtedly one of the next generation of real stars"Chambers & Partners

David Edwards QC

"Undoubtedly one of the next generation of real stars"Chambers & Partners

Year of Call:	1989
Year of Silk:	2006
Email:	dedwards@7kbw.co.uk

Year of Call: 1989 Year of Silk: 2006

Email: dedwards@7kbw.co.uk

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Practice Profile

David Edwards specialises in commercial litigation and arbitration, both as an advocate and as an advisor, in particular in insurance and reinsurance where he is acknowledged as one of the leading silks at the bar, banking and finance, professional negligence, commercial arbitration and shipping and international trade.

David Edwards was named Chambers Bar Awards Insurance Silk of the Year in 2013 having been shortlisted for the same award previously, including a nomination for the 2018 award. He has been listed in the top tier of insurance and reinsurance silks in both Chambers and Partners and Legal 500 for many years, and is also listed as a leading silk for international arbitration and commercial litigation. The guides variously describe him as “supremely intelligent”, “a formidable advocate”, someone who is “without exception always completely prepared” and “very easy to work with, and … very collaborative”.

David Edwards appears most frequently in the Commercial Court or the Chancery Division, and on appeal in the Court of Appeal and the House of Lords (now the Supreme Court). A good deal of his work is done in confidential arbitration. His practice is international, and he has substantial experience of working together with foreign lawyers (particularly United States lawyers) and dealing with cases governed by a foreign substantive law (in particular New York law). He is well known as an expert in Bermuda Form arbitrations. In addition to his practice as an advocate, David Edwards has sat and accepts appointments as sole or as party-appointed arbitrator in ad hoc or institutional (ICC and LCIA) arbitrations. He has also been instructed to give expert evidence on English insurance law for the purposes of foreign proceedings.

In 2017 David Edwards was appointed by the Lord Chief Justice as a Deputy High Court Judge, assigned to the Queen’s Bench Division. David has also been admitted to the Bar in Bermuda for particular matters.

Areas of Expertise

Insurance & Reinsurance

David Edwards has been instructed in relation to most of the major problems that have affected the insurance and reinsurance markets over the last 20 years from the Lloyd’s litigation in the early 1990 to the plethora of E & O and D & O disputes which have arisen out of the disruption in the financial markets in 2008. He is described in the guides as “a doyen on the Bermuda Form”, and has extensive experience of disputes and arbitrations under that form in relation to a wide variety of matters: prescription and over-the-counter pharmaceuticals; medical devices; herbicides; automotive products; oil, gasoline and MTBE pollution; environmental liability; financial products; securities litigation; directors & officers’ insurance.

David Edwards was named Chambers and Partners Insurance Silk of the Year at the 2013 Chambers Bar Awards. He was previously nominated for the same award in 2011. He has been listed in the top tier of insurance and reinsurance silks in both Chambers and Partners and Legal 500 for many years.

Selected cases:

AIG Europe Limited v Woodman [2017] UKSC 18 Acting for the SRA in the Supreme Court, this case concerns the true construction of the aggregation contained in clause 2.5 of the Minimum Terms and Conditions ("MTC") annexed to the solicitors Indemnity Insurance rules 2013, which must be incorporated into all solicitors' indemnity policies.
acted for Bermudian insurers in a London arbitration in respect of claims arising out of injuries allegedly caused by a non-steroidal anti-inflammatory drug
acted for Bermudian and United States insurers in connection with claims for environmental pollution caused by PCBs
acted for Bermudian insurer in respect of claims arising out of a large underground gas leak in California
appeared for the Law Society as intervenor in the Court of Appeal and Supreme Court in a case concerning the aggregation provisions in the solicitors’ minimum terms: AIG Europe v Woodman [2017] UKSC 18
acted for United States medical device manufacturer in a London arbitration seeking indemnity under Directors and Officers insurance policies for sums paid in settlement of securities litigation
acted for Bermudian insurers in relation to claim by motor manufacturer for indemnity in respect of sums paid in settlement of claims relating to active restraint devices
acted for English insurer seeking to recover policy excesses from former members of insolvent firm of solicitors
acted for Bermudian insurers in two separate arbitrations resisting claims for indemnity for sums paid in settlement to individuals alleging zinc poisoning from over the counter denture product
acted for both insurers and policyholders in a variety of cases concerning liabilities for defective hip replacement and other orthopaedic products
acted for United States and Bermudian insurers in relation to claims made by three different oil majors concerning their liability for MTBE pollution of groundwater in the United States
acted for numerous insurers in relation to liabilities arising out of the “Deepwater Horizon” disaster in the Gulf of Mexico
acted for insurers in a London arbitration resisting a claim brought by a Canadian energy company for an indemnity in respect of the costs of remediating environmental pollution resulting from the largest on-land oil spill in US history
acted for Bermudian insurer in London arbitration resisting claims by major pharmaceutical manufacturer relating to a contraceptive product
acted for United States and Bermudian insurers in London arbitrations resisting claims by a herbicide manufacturer for sums paid in settlement of claims for nationwide damage to conifer trees
acted as successful Leading Counsel for Ace and XL before Flaux J and the Court of Appeal in the first case concerning the interpretation of the Bermuda Form to be considered by the English courts: AstraZeneca v XL and ACE [2013] EWCA Civ 1660
acted for a major accountancy firm in a dispute with primary and excess insurers about coverage for pension and structured products mis-selling
acted for a US insured in two political risks arbitrations in London concerning expropriation of property in Venezuela
acted for a London firm of solicitors in connection with disputes with its insurers and brokers concerning the placement of its professional indemnity cover and aggregation of claims arising out of the firm’s work on a number of tax avoidance schemes
acted for a United States financial lines company seeking to recover against a number of excess liability insurers in respect of sums paid in settlement of a United States class action alleging breach of the Fair Credit Reporting Act
acted for Bermudian reinsurers in a London arbitration resisting a claim by a Lloyd’s syndicate under a Gulf of Mexico windstorm cover for an indemnity in respect of Hurricane Ike losses
acted for Bermudian insurers in a London arbitration resisting a claim brought by a United States energy company for an indemnity in respect of environmental liabilities concerning pollution of Lake Michigan
acted for Bermudian excess insurers in a “baseball” Bermuda form arbitration resisting a claim by a United States railroad company for payment of more than US$50 million in respect of liabilities arising out of a serious derailment and chemical release in 2005
acted for United States and Bermudian insurers defending a claim under a number of casualty policies brought by a United States chemical company arising out of the collapse of a merger agreement
acted for a United Kingdom household name insurer in successive arbitrations with a Japanese reinsurer concerning the disposal of a book of financial solutions business
acted for a Japanese reinsurer defending claims brought by members of an London-based aviation pool
acted for a United States telecommunications company in a Bermuda form arbitration seeking to recover from D & O insurers losses in excess of US$100 million arising out of securities litigation in the United States
acted for insurers of a United Kingdom pharmaceutical company advising on product liability claims brought by patients in relation to one of the company’s blockbuster drugs
acted for casualty insurers of a well-known French conglomerate advising on claims arising out of the departure of its CEO and ensuing securities litigation in the United States
acted for Bermudian insurers in a Bermuda form arbitration defending claims by a United States telecommunications company arising out of securities litigation in the United States
acted for reinsurers of the captive of a major accountancy firm in a London arbitration concerned with claims arising out of the firm’s development and marketing of tax shelter schemes in the United States
Law Society v Shah [2008] 3 WLR 1401; Law Society v Wemyss [2008] EWHC 2515 (Ch) - acted for the Law Society seeking to recover compensation payments from professional indemnity insurers of a firm of solicitors
acted for Bermudian insurers in a Bermuda form arbitration defending a claim brought by a United States healthcare provider arising out of allegations of improper and unnecessary cardiac surgery
acted for a United Kingdom household name insurer in a London arbitration concerning aggregation of claims against a firm of solicitors arising out of the firm’s involvement in a major legal expenses insurance scheme
acted for a Bermudian insurer in a Bermuda form arbitration seeking to recover from its reinsurers in respect of 2005 hurricane losses and to resist allegations of non-disclosure of its catastrophe modelling output
acted for a United States life insurance company in a variety of London court and arbitration proceedings arising out of its involvement in the personal accident LMX market
acted for a Lloyd’s syndicate in an arbitration against a catastrophe reinsurer concerning maintenance of zonal aggregates for United States hurricane and earthquake risks
CGU International Insurance v AstraZeneca [2007] 1 Lloyd’s Rep. 142 - acted for the captive insurer of AstraZeneca in litigation against reinsurers in relation to claims concerning genetically modified crops
Centre Re v Freakley [2006] 1 WLR 2693 - acted for the administrators of Turner & Newall seeking to recover from insurers under a £500 million policy covering the company’s asbestos liabilities
acted for insurers and reinsurers of energy, satellite and re-flight guarantee business in various London court and arbitration proceedings pursing or resisting claims for indemnity
Absalom v TCRU [2006] 2 Lloyd’s Rep. 129 - acted for a Lloyd’s syndicate in a series of disputes concerning payment of brokerage on personal accident and medical accident business
Toomey v Banco Vitalicio [2005] Lloyd’s Rep. IR 423 - acted for Spanish insurers of the football club Atletico de Madrid in court proceedings against their London market reinsurers
acted for Winterthur Swiss Insurance company in what is believed to be the world’s biggest “baseball” arbitration arising out of the sale of part of its business to XL and in related court proceedings
HIH v Chase Manhattan [2003] 2 Lloyd’s Rep. 61 - acted for JP Morgan Chase and for Société Génerale, Royal Bank of Canada, National Bank of Canada and the Matrix Partnerships in the film finance litigation
HMH v CECAR [2000] 1 Lloyd’s Rep. 316 - acted for Harding Maughan Hambly in a dispute between producing and placing brokers about payment of commission on a political risks placement

International Arbitration

Many of David Edwards' cases are dealt with in arbitration.

Selected cases:

acted for Bermudian insurers in a London arbitration in respect of claims arising out of injuries allegedly caused by a non-steroidal anti-inflammatory drug
acted for United States medical device manufacturer in a London arbitration seeking indemnity under Directors and Officers insurance policies for sums paid in settlement of securities litigation
acted for Bermudian insurers in two separate arbitrations resisting claims for indemnity for sums paid in settlement to individuals alleging zinc poisoning from over the counter denture product
acted for insurers in a London arbitration resisting a claim brought by a Canadian energy company for an indemnity in respect of the costs of remediating damage resulting from an oil spill
acted for Bermudian insurer in London arbitration resisting claims by major pharmaceutical manufacturer relating to a contraceptive product
acted for United States and Bermudian insurers in London arbitrations resisting claims by an herbicide manufacturer for sums paid in settlement of claims for nationwide damage to conifer trees
acted for a major accountancy firm in a dispute with primary and excess insurers about coverage for pension and structured products mis-selling
acted for the owners of a Caribbean hotel in an arbitration in Washington DC concerning a dispute with its former management company.
acted for a US insured in two political risks arbitrations in London concerning expropriation of property in Venezuela
acted for a United States financial lines company seeking to recover against a number of excess liability insurers in respect of sums paid in settlement of a United States class action alleging breach of the Fair Credit Reporting Act
acted for Bermudian reinsurers in a London arbitration resisting a claim by a Lloyd’s syndicate under a Gulf of Mexico windstorm cover for an indemnity in respect of Hurricane Ike losses
acted for Bermudian insurers in a London arbitration resisting a claim brought by a United States energy company for an indemnity in respect of environmental liabilities concerning pollution of Lake Michigan
acted for Bermudian excess insurers in a “baseball” Bermuda form arbitration resisting a claim by a United States railroad company for payment of more than US$50 million in respect of liabilities arising out of a serious derailment in 2005
acted for United States and Bermudian insurers defending a claim under a number of casualty policies brought by a United States chemical company arising out of the collapse of a merger agreement
acted for Middle Eastern clients against a United States company in an ICC arbitration concerning the breakdown of a joint venture to build US$5 billion mixed-use towers in the Persian Gulf
acted for a United Kingdom household name insurer in successive arbitrations with a Japanese reinsurer concerning the disposal of a book of financial solutions business
acted for a Japanese reinsurer defending claims brought by members of a London-based aviation pool
acted for a United States telecommunications company in a Bermuda form arbitration seeking to recover from D & O insurers losses in excess of US$100 million arising out of securities litigation in the United States
acted for Bermudian insurers in a Bermuda form arbitration defending claims by a United States telecommunications company arising out of securities litigation in the United States
acted for reinsurers of the captive of a major accountancy firm in a London arbitration concerned with claims arising out of the firm’s development and marketing of tax shelter schemes in the United States
acted for Bermudian insurers in a Bermuda form arbitration defending a claim brought by a United States healthcare provider arising out of allegations of improper and unnecessary cardiac surgery
acted for a United Kingdom household name insurer in a London arbitration concerning aggregation of claims against a firm of solicitors arising out of the firm’s involvement in a major legal expenses insurance scheme
acted for a Bermudian insurer in a Bermuda form arbitration seeking to recover from its reinsurers in respect of 2005 hurricane losses and to resist allegations of non-disclosure of its catastrophe modelling output
acted for a United States life insurance company in a variety of London court and arbitration proceedings arising out of its involvement in the personal accident LMX market
acted for a Lloyd’s syndicate in an arbitration against a catastrophe reinsurer concerning maintenance of zonal aggregates for United States hurricane and earthquake risks
acted for insurers and reinsurers of energy, satellite and re-flight guarantee business in various London court and arbitration proceedings pursing or resisting claims for Indemnity
acted for Winterthur Swiss Insurance company in what is believed to be the world’s biggest “baseball” arbitration arising out of the sale of part of its business to XL and in related court proceedings.

Banking & Finance

Much of the insurance and reinsurance work that David Edwards has been involved in is finance- related (see under Insurance and Reinsurance). He has also been involved in more general banking work.

Selected cases:

acted for a private investor in a dispute over an interest rate swap taken out in connection with a commercial property transaction
acted for a French bank in a dispute with a German bank over termination payments due under a $600 million credit default swap and associated issues concerning hedging arrangements
acted for a specialist firm of hedge fund brokers concerned with withdrawal/negligence/insurance notification issues arising out of recent financial market conditions
Sumitomo v Banque Bruxelles Lambert [1997] 1 Lloyd’s Rep. 487 - acted for Sanwa, Sumitomo and Arab Banks in court proceedings against Banque Bruxelles Lambert arising out of a syndicated lending transaction

Jurisdiction/Conflicts of Laws

Disputes over jurisdiction and issues concerning applicable law are a regular part of David Edwards’ practice.

Selected cases:

CGU International Insurance v AstraZeneca [2007] 1 Lloyd’s Rep. 142 - acted for the captive insurer of AstraZeneca in litigation against reinsurers; a key issue was under which system of law the captive’s liability to AstraZeneca was to be judged
Deutsche Ruck v La Fondiaria [2001] 2 Lloyd’s Rep 621 - acted for a German reinsurance company successfully invoking English jurisdiction under article 5 of the Brussels Convention for a claim against a fellow member of a reinsurance pool
The “Winter” [2000] 2 Lloyd’s Rep. 298 - acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds
Source v TUV [1998] QB 54 - acted for German cargo inspectors successfully contesting English jurisdiction under article 5 of the Brussels Convention for a claim a claim brought in England in respect of an inspection performed overseas
The “Bergen” [1997] 1 Lloyd’s Rep. 380 - acted for cargo owners seeking to maintain English jurisdiction for a claim for cargo damage following a fire on board the vessel

Professional Negligence

David Edwards has dealt with a number of cases involving claims against professionals, most commonly insurance brokers but also solicitors, accountants or other finance professionals.

Selected cases:

acted for a major accountancy firm in a dispute with primary and excess insurers about coverage for pension and structured products mis-selling
acted for a London firm of solicitors in connection with disputes with its insurers and brokers concerning the placement of its professional indemnity cover and aggregation of claims arising out of the firm’s work on a number of tax avoidance schemes
acted for a Lloyd’s syndicate in relation to a possible claim against a coverholder in relation to the underwriting and management of a book of professional liability business
Law Society v Shah [2008] 3 WLR 1401; Law Society v Wemyss [2008] EWHC 2515 (Ch) - acted for the Law Society in its efforts to recover sums misappropriated by the senior partner of a number of firms of London solicitors from other partners
acted for insurance brokers defending a claim for negligence in relation to advice given on placement as to policy requirements as to security systems for commercial premises which subsequently burnt down
acted for a London firm of solicitors defending allegations of inducing breach of contract, deceit and conspiracy in connection with a number of insurance-backed film finance transactions
HIH v Chase Manhattan [2003] 2 Lloyd’s Rep. 61 - acted for JP Morgan Chase and for the Matrix Partnerships in the film finance litigation making claims against brokers Heaths and JLT

Shipping & Transport

David Edwards has appeared in a number of reported cases (and many confidential arbitrations) concerning shipping, shipbuilding and international trade, including The "Nicholas H" – the landmark case concerning whether a duty of care was owed by a classification society. A particular area of specialty has been disputes between Protection and Indemnity clubs and their members.

Selected cases:

The “Winter” [2000] 2 Lloyd’s Rep. 298 - acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds
The “Seta Maru” [2000] 1 Lloyd’s Rep. 367 - acted for Japanese purchasers of three new-build bulk carriers seeking to recover against the shipyard in respect of serious welding defects
The “Lendoudis Evangelos II” [1997] 1 Lloyd’s Rep. 404 - acted for trip time charterers resisting a claim by owners in respect of a voyage estimate given “without guarantee”
The “Bergen” [1997] 1 Lloyd’s Rep. 380 - acted for cargo owners seeking to maintain English jurisdiction for a claim for cargo damage following a fire on board the vessel
The “Nicholas H” [1996] AC 211 - acted for the Japanese classification society, NKK, successfully arguing that the society owed no duty of care to cargo owners in respect of a damage survey performed on the vessel which subsequently sank

Memberships

Member of the London Court of International Arbitration

Member of British Insurance Law Association

Member, Bar Standards Board, Standards Committee (2012-2016)

Trustee and Chairman of Council, Friends of Peterhouse (a registered charity) (2010-2016).

Education

King's School, Chester

Peterhouse, Cambridge M.A. (Hons.) Cantab. (Law)

Inns of Court School of Law Tancred Studentship, Lincoln's Inn

Directories

For many years, both as a junior and since 2006 as a silk, David Edwards Q.C. has been listed by Chambers and Partners and by the Legal 500 as a leader in insurance and reinsurance and other sectors. David Edwards was listed as one of the 'Most Highly Regarded' insurance silks in Who's Who Legal 2017. David Edwards was named Chambers and Partners Insurance Silk of the Year at the 2013 Chambers Bar Awards having been shortlisted for the same award previously. The current (2020) edition of the Legal 500 lists him as a leader in insurance, commercial litigation and international arbitration. Chambers and Partners (2020) lists him as a leader in insurance, commercial litigation and international arbitration. Recent editions comment that:

"An experienced advocate with a huge reputation in the insurance sector who is very clear in his advice." "He's brilliant. He gets into the weeds, rolls up his sleeves and works incredibly hard." "David is an excellent advocate and a superb analyst." Chambers 2020
"Extremely good legal thinker who is quick, decisive and appropriately candid." "Wonderful on his feet." Chambers 2020
"David Edwards QC is an excellent advocate who exhibits very clear thinking." Chambers 2020
‘A terrific silk.’ Legal 500 2020
‘He is up there with the best at the commercial Bar.’ Legal 500 2020
‘An excellent insurance silk and very responsive.’ Legal 500 2020
"Brilliant on paper and brilliant on his feet. He prepares thoroughly and has good judgement." Chambers 2019
"His insurance expertise is very broad. He is bright and a terrific advocate. He is meticulous and prepared to roll his sleeves up and get stuck into the detail. He also has great judgement." "Fiercely intelligent and articulate." Chambers 2019
‘A leading silk for Bermuda form insurance arbitrations.’ Legal 500 2018
‘A go-to QC for reinsurance matters.’ Legal 500 2018
‘An outstanding advocate.’ Legal 500 2018
"An incredibly intelligent, hard-working and driven individual." "A formidable advocate who is as good on his feet as he is on paper." "He is rightly in the premier league for insurance and reinsurance work." Chambers 2018
"He is a very direct advocate who cuts through the detail in complex matters." Chambers 2018
A formidable advocate, whose preparation is always meticulous. Legal 500 2017
Extraordinarily bright, with a photographic memory and mastery of documents. Legal 500 2017
A favourite silk for insurance/reinsurance work; simply an outstanding advocate. Legal 500 2017
The "effortlessly smooth" David Edwards QC is known among peers as an outstanding Bermuda Form practitioner and "an extremely impressive advocate". Who's Who Legal 2017
"Undoubtedly one of the next generation of real stars. His insurance expertise is very broad, he is bright, very direct, meticulous and prepared to roll his sleeves up and get stuck into the detail." Chambers 2017

An outstanding silk known for his forensic attention to detail and meticulous preparation. "A formidable advocate who is as good on his feet as he is on paper." Chambers 2017
"Very sharp and an excellent advocate, both in terms of his written and oral addresses to the court. An excellent cross-examiner." Chambers 2017
"An excellent silk, who works extremely hard and is masterful in his advocacy." Legal 500 2016
"An extremely able silk, who is approachable and user-friendly." Legal 500 2016
"Recommended for international arbitration and cases governed by foreign laws." Legal 500 2016
"A knowledgeable and formidable insurance silk." Chambers 2016
"A very effective and forceful advocate." Chambers 2016
"Incredibly pleasant, user-friendly and phenomenally sharp." Chambers 2016
"He takes the time to prepare carefully and always impresses" Chambers 2016
"A fantastic advocate who works unbelievably hard and is great at mastering the detail." Legal 500 2015
"He has an imperturbable, low-key way of cross-examining witnesses, which is very effective." Legal 500 2015
"The man of the moment for Bermuda form arbitration; a forceful and compelling advocate." Legal 500 2015
"extremely clear and diligent; he has a very calm and persuasive court manner and specialist knowledge of the Bermuda Form." Chambers 2015
"He is a formidable advocate who is as good on his feet as he is on paper. He is always meticulously prepared and gets to the nub of the argument without fuss or waffle." Chambers 2015
"He is a well-organised, clear advocate who is very good when on his feet and dealing with questions." Chambers 2015
"He is without exception always completely prepared. Whilst he is very determined once he has reached his position, he is also very easy to work with, and is very collaborative." Chambers 2015
“A doyen on Bermuda Form.” Legal 500 2014
“Precise, thorough and careful in his analysis; he adds enormous value in insurance cases.” Legal 500 2014
"He's supremely intelligent and works hard to ensure he knows a case inside out." Chambers 2014
"Very user-friendly and first-rate on reinsurance matters." Chambers 2014
"A silk of choice for many instructing solicitors thanks to his long-standing commercial experience." Chambers 2014
"A forceful and compelling advocate, who fights hard for his client." Chambers 2014
"Measured and masterful." Legal 500 2013
"undoubtedly one of the next generation of real stars" Legal 500 2012
"a strong team player, who works well with clients and solicitors alike." Chambers UK 2012
"terrific ... totally reliable and approaches matters with incredible attention to detail." Chambers UK 2012
"maturing into the role well" and is considered to be "one of the most respected insurance and reinsurance silks." Chambers UK 2011
"a tough advocate and commands respect; a real insurance specialist." Legal 500 2011
commended for his "thoroughness in analysis and preparation, and willingness to think originally." Legal 500 2011
"a real rising star." Legal 500 2010
"a young but pre-eminent silk" described as a "soon-to-be leader of the insurance world." Chambers UK 2010
"one of the best junior silks." Legal 500 2010
"a fantastic style for arbitration." Legal 500 2010
"first-rate intellect." Legal 500 2009
"able to get straight to the heart of a problem and solve it" Chambers UK 2009
"a very smooth operator" with "impressive instincts," "he manages to simplify even the most byzantine of cases." Chambers UK 2008
"sound and commercial advice." Legal 500 2008
"brilliant cross-examiner." Legal 500 2008
"blessed with a fantastic brain." Chambers UK 2007
"a real rising star." Chambers UK 2007
"a polished advocate." Chambers UK 2007
"someone who can make the implausible sound plausible." Chambers UK 2007
"a brilliant cross-examiner." Chambers UK 2007
"the star performer of those who made silk in 2006" Chambers UK 2006
prompted universal praise for being a "redoubtable star." Chambers UK 2006

Reported Cases

Reported Cases

AIG Europe Limited v Woodman

The Supreme Court has given judgment in AIG Europe Limited v Woodman [2017] UKSC 18, in an expedited appeal from the Court of Appeal [2016] EWCA Civ 367. The judgment concerns the true construction of the aggregation provision contained in clause 2.5 of the Minimum Terms and Conditions (“MTC”) annexed to the Solicitors Indemnity Insurance […]

March 22, 2017

AIG Europe Limited v OC320301 LLP and Ors

The Court of Appeal has given judgment in AIG Europe Limited v OC320301 LLP and Ors [2016] EWCA Civ 367, in an expedited appeal from the judgment of Teare J [2015] EWHC 2398 (Comm). The judgment concerns the true construction of the aggregation provision contained in clause 2.5 of the Minimum Terms and Conditions (“MTC”) […]

April 14, 2016

Astrazeneca v XL Insurance A3/2013/0824

On 28 February 2013 we reported on the decision of Flaux J in Astrazeneca Insurance v XL Bermuda and Ace Bermuda [click here], the first case in which the English courts had been asked to consider the proper interpretation of a “Bermuda Form” policy. The case concerned a claim by Astrazeneca Insurance, the captive insurer […]

December 20, 2013

First Commercial Court “Bermuda Form” case

Astrazeneca Insurance v XL Bermuda and Ace Bermuda is the first time an issue concerning the construction of a “Bermuda Form” policy has been dealt with by the English Courts. The case concerned a claim by Astrazeneca Insurance, the captive insurer of the worldwide pharmaceutical company, against XL Bermuda and Ace Bermuda under a £133 […]

February 28, 2013

Astrazeneca Insurance v XL Bermuda and Ace Bermuda

February 28, 2013

Crane (Representing Syndicate 53 At Lloyd’s, 1998 Year Of Account) –v- Hannover Ruckversicherungs-Aktiengesellschaft Park London Ltd (Third Party)

[2010] Lloyd’s Rep. IR 93 David Edwards QC led Jawdat Khurshid in this Insurance & Reinsurance matter – Contract for excess of loss reinsurance – Liability under contracts of reinsurance – Parties contractually bound to each other in respect of ‘1998 Mainframe Carve-outs’ – Claimant seeking to avoid liability to defendant reinsurance company on basis […]

December 19, 2008

Law Society -v- Shah

[2008] 3 WLR 1401 David Edwards Q.C. and Michael Holmes acted for the Law Society seeking to recover compensation payments from professional indemnity insurers of a firm of solicitors. Jessica Sutherland also acted for the Law Society in an advisory capacity. Admiralty – Mortgage – Mortgagee’s power of sale – Loan secured by mortgage of […]

November 30, 2008

Templeton Insurance Ltd -v- A1 Holdings and A1 Grand Prix Operations Ltd.

David Edwards Q.C. and Andrew Wales were involved in a dispute relating to mechanical breakdown / damage to A1 grand prix cars – Settled before Trial

June 8, 2007

Freakley -v- Centre Reinsurance International Co

[2007] Lloyd’s Rep IR 32; [2006] 4 All ER 1153; [2006] 2 All ER (Comm) 943; [2006] 1 WLR 2863; [2005] Lloyd’s Rep IR 303; [2005] 2 All ER (Comm) 65; [2004] 2 All ER (Comm) 28 Christopher Butcher Q.C. and David Edwards Q.C. acted in this matter where administrators were seeking to recover from […]

October 11, 2006

Centre Reinsurance International Co and others -v- Freakley and others [House of Lords]

[2006] 1 WLR 2863, [2004] 2 All ER (Comm) 28 Christopher Butcher QC and David Edwards QC – Insolvency – Administration order – Debts or liabilities incurred by administrator – Insurance policy entered into by company in respect of asbestos liability – Claims-handling rights transferred to insurers on subsequent appointment of administrators – Whether claims-handling […]

July 24, 2006

Konkola Copper Mines Plc -v- Coromin Ltd (No 2)

[2006] 2 Lloyd’s Rep. 446; [2006] 2 All ER (Comm) 400 David Edwards – Insurance – Jurisdiction – Claimant insured by Zambian insurers under policy subject to exclusive Zambian jurisdiction and by English insurers under policy subject to exclusive English jurisdiction – Whether Zambian insurers should be co-defendants to proceedings against English insurers – Whether […]

May 16, 2006

Absalom -v- TCRU

[2006] 2 Lloyd’s Rep. 129, [2006] 1 All ER (Comm) 375, [2005] 2 Lloyd’s Rep. 735 David Edwards and Rebecca Sabben-Clare were involved in a series of disputes concerning payment of brokerage on personal accident and medical accident business Reinsurance – Broker – Entitlement to commission – Premium paid by way of deposit premium with […]

December 19, 2005

CGU International -v- AstraZeneca Insurance

[2006] Lloyd’s Rep. IR 409; [2007] 1 Lloyd’s Rep 142 Alistair Schaff QC led David Edwards; Christopher Butcher QC led Stephen Kenny; and Andrew Wales were involved in this case which concerned the scope of coverage of an English law reinsurance contract, covering an underlying English law policy containing a US service of suit clause […]

December 1, 2005

Toomey -v- Banco Vitalicio (Atletico de Madrid)

[2005] Lloyd’s Rep. IR 423 David Edwards acted for Spanish insurers of the football club Atletico de Madrid in court proceedings against their London market reinsurers. Athletico Madrid insured the club against the risk of relegation. Reinsurance – Direct policy against loss of television rights in event that Spanish football team was relegated from Spanish […]

May 18, 2004

Centre Reinsurance International Co –v- Curzon Insurance Ltd

[2004] Lloyd’s Rep IR 622 David Edwards – Insurance – Asbestos claims – Assured becoming insolvent – Claims against liability insurers under Third Parties (Rights against Insurers) Act 1930 – Effect of policy excess – Whether claims clauses to be disregarded on basis that rights of third parties were altered

February 12, 2004

HIH -v- Chase Manhattan Bank (House of Lords)

[2003] 2 Lloyd’s Rep. 61 David Edwards led Michael Holmes; and Andrew Wales were involved in the film finance litigation Insurance (Financial contingency) – Non-disclosure – Misrepresentation – Duty of utmost good faith – Contracts for and of insurance – Allegations of non-disclosure and misrepresentation – Whether insurers entitled to avoid or rescind contract – […]

February 20, 2003

HIH Casualty & General Insurance Ltd & Others -v- The Chase Manhattan Bank & Others (Court of Appeal)

[2001] 2 Lloyd’s Rep 483; [2001] 1 All ER (Comm) 719 Christopher Butcher, David Edwards, Simon Picken, James Drake, and Michael Holmes were involved in one of the leading cases in the film finance insurance litigation, involving various issues such as the question of whether it is possible to exclude liability for the fraud of […]

July 31, 2001

Deutsche Ruck -v- La Fondiaria

[2001] 2 Lloyd’s Rep 621 David Edwards acted for a German reinsurance company successfully invoking English jurisdiction under article 5 of the Brussels Convention for a claim against a fellow member of a reinsurance pool Practice – Claim form – Application to set aside – Good arguable case – Excess of loss reinsurance and retrocession […]

July 3, 2001

“Seta Maru”, “Saikyo” And “Suma” – China Shipbuilding Corporation -v- Nippon Yusen Kabukishi Kaisha And Galaxy Shipping Pte. Ltd.

[2000] 1 Lloyd’s Rep. 367 David Edwards acted for Japanese purchasers of three new-build bulk carriers seeking to recover against the shipyard in respect of serious welding defects Shipbuilding contract – Exemption clause – Construction – Builders contracted to build three bulk carriers for buyers – Guarantee period expired – Allegations of defects in erection […]

January 11, 2000

HMH v CECAR (Harding Maughan Hambly Ltd. –v- Compagnie Européenne De Courtage D’assurances et de Réassurances S.A. and Assurances Des Investissements Internationaux S.A.)

[2000] 1 Lloyd’s Rep. 316 David Edwards acted for Harding Maughan Hambly in a dispute between producing and placing brokers about payment of commission on a political risks placement Insurance brokers – Commission – Entitlement – Placing of political risks insurance in London market – Agreement between placing brokers as to split in commission – […]

December 21, 1999

Harding Maughan Hambly Ltd –v- Compagnie Europeenne De Courtage D’assurances Et De Reassurances Sa Assurances Des Investissements Internationaux SA

[2000] Lloyd’s Rep IR 293; [2000] 1 Lloyd’s Rep. 316; [2000] 1 All ER (Comm) 225 David Edwards – Insurance broker – Entitlement to commission – Sub-broker appointed by broker in chain of brokers to place risk – Appointed sub-broker nominating another broker to place the risk – Whether agreement between all brokers to share […]

December 21, 1999

“Winter” Winter Maritime Ltd –v- North End Oil Ltd Ltd.; Same –v- Marine Oil Trading Ltd

[2000] 2 Lloyd’s Rep. 298 David Edwards acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds Practice – Stay of action – Articles 21 and 22 – Claims by suppliers of bunkers to vessel – Vessel arrested in Belgium – Proceedings brought in Belgium and in […]

May 28, 1999

Source Ltd -v- T.U.V. Rheinland Holding AG

[1998] Q.B. 54 Jonathan Gaisman Q.C. and David Edwards – Conflict of Laws – Jurisdiction under European Convention – Place of performance of contractual obligation – German companies inspecting goods in China for English plaintiffs – Inspection report delivered in England – Plaintiffs suing in England for breach of contract and negligence in preparing reports […]

March 18, 1997

Glencore International A.G. (Marc Rich & Co. A.G.) -v- Portman and others

(Court of Appeal) [1997] 1 Lloyd’s Rep. 225; [1996] 1 Lloyd’s Rep. 430 Gavin Kealey Q.C. leading David Edwards acted for Glencore against Timothy Saloman Q.C. and Charles Priday – insured in marine insurance trial and in the Court of Appeal against Lloyd’s underwriters: issues of utmost good faith, waiver, constructive knowledge of underwriters. Insurance […]

December 13, 1996

“Bergen”

[1997] 1 Lloyd’s Rep 380 Jonathan Gaisman Q.C. leading David Edwards – Bill of lading – Jurisdiction clause – Article 17 – Application to set aside – Alleged damage to cargo – Disputes to be decided in Germany – Whether art. 17 applicable – Effect of art. 57 of the Brussels Convention and art. 7 […]

November 26, 1996

“Lendoudis Evangelos II” Continental Pacific Shipping Ltd. –v- Deemand Shipping Co. Ltd.

[1997] 1 Lloyd’s Rep. 404 David Edwards acted for trip time charterers resisting a claim by owners in respect of a voyage estimate given “without guarantee” Charter-party (Time) – Wrongful detention – Estimate of length of trip – Vessel chartered for “duration about 70/80 days without guarantee” – Voyage lasted 103 days, 12 hours and […]

November 15, 1996

Sumitomo Bank, Sanwa Bank, Arab Bank -v- Banque Bruxelles Lambert

[1997] 1 Lloyd’s Rep. 487 Gavin Kealey Q.C. led David Edwards for syndicate of Banks in trial against Agent Bank: Duties of care owed by agent bank to syndicate of banks, misrepresentation and duties in the context of commercial property lending and mortgage indemnity insurance policies, the syndication of credit risks, the construction of Loan […]

October 2, 1996

Administracion Nacional De Combustibles Alcohol Y Portland – Ancap –v- Ridgley Shipping Inc. [Q.B. (Com. Ct.)]

[1996] 1 Lloyd’s Rep. 570 Jonathan Gaisman QC and David Edwards – Practice – Concurrent writ – Application to strike out

November 29, 1995

“Nicholas H” Marc Rich & Co. A.G. And Others –v- Bishop Rock Marine Co. Ltd. And Others

[1996] AC 211 David Edwards acted for the Japanese classification society, NKK, successfully arguing that the society owed no duty of care to cargo owners in respect of a damage survey performed on the vessel which subsequently sank. Negligence – Duty of care to whom? – Classification society – Vessel developing cracks in hull – […]

July 6, 1995

“Gudermes” Mitsui & Co. Ltd. -v- Novorossiysk Shipping Co.

[1993] 1 Lloyd’s Rep. 311 David Edwards – Carriage by sea – Implied contract – Cargo of oil on board vessel with no operative heating coils – Plaintiffs purchased cargo from shippers – Whether plaintiffs aware that vessel had no heating system – Whether contract to be implied between plaintiffs and defendants – Whether Hague-Visby […]

December 21, 1992

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Reported Cases

AIG Europe Limited v Woodman

AIG Europe Limited v OC320301 LLP and Ors

Astrazeneca v XL Insurance A3/2013/0824

First Commercial Court “Bermuda Form” case

Astrazeneca Insurance v XL Bermuda and Ace Bermuda

Crane (Representing Syndicate 53 At Lloyd’s, 1998 Year Of Account) –v- Hannover Ruckversicherungs-Aktiengesellschaft Park London Ltd (Third Party)

Law Society -v- Shah

Templeton Insurance Ltd -v- A1 Holdings and A1 Grand Prix Operations Ltd.

Freakley -v- Centre Reinsurance International Co

Centre Reinsurance International Co and others -v- Freakley and others [House of Lords]

Konkola Copper Mines Plc -v- Coromin Ltd (No 2)

Absalom -v- TCRU

CGU International -v- AstraZeneca Insurance

Toomey -v- Banco Vitalicio (Atletico de Madrid)

Centre Reinsurance International Co –v- Curzon Insurance Ltd

HIH -v- Chase Manhattan Bank (House of Lords)

HIH Casualty & General Insurance Ltd & Others -v- The Chase Manhattan Bank & Others (Court of Appeal)

Deutsche Ruck -v- La Fondiaria

“Seta Maru”, “Saikyo” And “Suma” – China Shipbuilding Corporation -v- Nippon Yusen Kabukishi Kaisha And Galaxy Shipping Pte. Ltd.

HMH v CECAR (Harding Maughan Hambly Ltd. –v- Compagnie Européenne De Courtage D’assurances et de Réassurances S.A. and Assurances Des Investissements Internationaux S.A.)

Harding Maughan Hambly Ltd –v- Compagnie Europeenne De Courtage D’assurances Et De Reassurances Sa Assurances Des Investissements Internationaux SA

“Winter” Winter Maritime Ltd –v- North End Oil Ltd Ltd.; Same –v- Marine Oil Trading Ltd

Source Ltd -v- T.U.V. Rheinland Holding AG

Glencore International A.G. (Marc Rich & Co. A.G.) -v- Portman and others

“Bergen”

“Lendoudis Evangelos II” Continental Pacific Shipping Ltd. –v- Deemand Shipping Co. Ltd.

Sumitomo Bank, Sanwa Bank, Arab Bank -v- Banque Bruxelles Lambert

Administracion Nacional De Combustibles Alcohol Y Portland – Ancap –v- Ridgley Shipping Inc. [Q.B. (Com. Ct.)]

“Nicholas H” Marc Rich & Co. A.G. And Others –v- Bishop Rock Marine Co. Ltd. And Others

“Gudermes” Mitsui & Co. Ltd. -v- Novorossiysk Shipping Co.

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7KBW nominated in the 2018 Chambers Bar Awards

AIG Europe Limited v Woodman

AIG Europe Limited v OC320301 LLP and Ors

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