Monde Petroleum v WesternZagros Ltd
 EWCA Civ 25 Gavin Kealey QC was successful again in the Court of Appeal, this time leading Tom Sprange QC and Ruth Byrne of King & Spalding LLP on behalf of WesternZagros Limited, a Canadian headquartered oil and gas company doing business in Kurdistan. The issues concerned the attempts of WesterZagros Limited to obtain […]
January 18, 2018
Whitlock and another (Appellants) v Moree (Respondent) (Bahamas)
 UKPC 44 Gavin Kealey QC and James Goudkamp appeared on behalf of the Appellants in this appeal to the Privy Council against the decision of the Court of Appeal of the Bahamas. The dispute concerned the beneficial ownership of funds standing to the credit of a joint bank account. An elderly man (“the Testator”) […]
December 21, 2017
Deslauriers and another (Appellants) v Guardian Asset Management Limited (Respondent) (Trinidad and Tobago)
 UKPC 34 Gavin Kealey QC and Elizabeth Lindesay acted on behalf of the successful Respondent, Guardian Asset Management Limited (“GAM”), in these combined appeals to the Privy Council from the Court of Appeal of Trinidad and Tobago. The dispute arose out a commercial loan transaction for TT$18.6 million advanced by GAM to the appellants, […]
November 15, 2017
ARC Capital Partners Limited v Brit UW Limited & Anr.
ARC Capital Partners Limited v Brit UW Limited & Anr.  EWHC 141 (Comm) Gavin Kealey QC and Charles Holroyd have succeeded in establishing the right of a private equity fund manager (“the Manager”) to be indemnified by its Second Excess layer professional indemnity insurers in a case before the Commercial Court. The insurers had […]
January 29, 2016
B.A.T. Industries Plc v Windward Prospects Limited and Appleton Papers Inc
Gavin Kealey QC and Tim Jenns acted for the Claimant, B.A.T. Industries Plc (“BAT”) in a substantial jurisdiction application. BAT’s claim is for a declaration of its rights of indemnity against the First Defendant (“Windward”), an English company, and the Second Defendant (“API”) a company incorporated in Delaware in respect of liabilities potentially exceeding US$250 […]
December 20, 2013
Proton Energy v Orlen
(Sitting as a Deputy High Court Judge). Oil sale contract dispute between Swiss sellers and Lithuanian buyers.
November 12, 2013
Judgment of the Privy Council in General Construction Limited v Chue Wing  UKPC 30
On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing  UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles […]
October 15, 2013
Thinc Group Ltd v Armstrong
(Court of Appeal). Principal/agent dispute.
October 3, 2012
Munib Masri v Consolidated Contractors International Company SAL & Others – Court of Appeal
The Court of Appeal has held that the right to pursue an appeal without obtaining permission in civil contempt cases is inapplicable to companies, on the ground that a company is incapable of being imprisoned and that an order against a company in contempt proceedings cannot therefore amount to a ‘committal order’ within CPR 52.3(1)(a). […]
July 27, 2011
Munib Masri v Consolidated Contractors International Company SAL & Others
Jurisdiction/stay/articles 27 & 28 Council Regulation (EC) 44/2011.
July 13, 2011
Munib Masri v Consolidated Contractors International Company SAL & Others decision
Gavin Kealey QC, Head of Chambers at 7KBW, leading Colin West from Brick Court Chambers, instructed by Simmons & Simmons on behalf of Mr Masri, the Claimant, has just secured judgment in the latest instalment of one of the longest running cases in the Commercial Court. This was probably the largest and lengthiest contempt application […]
May 9, 2011
Bedfordshire Police Authority v Syndicate 386
 1 Lloyds Rep IR 607;  1 Lloyds Rep IR 39;  2 All ER (Comm) 200 Gavin Kealey Q.C. led Andrew Wales for public liability insurers in claim concerning Riot Damage Act liabilities.
March 19, 2010
Buyuk Camlica Shipping Trading and Industry Co Inc v Progress Bulk Carriers Limited
 EWHC 442 (Comm) Peter MacDonald Eggers acted in this matter with Gavin Kealey Q.C. sitting as Deputy High Court Judge (challenges to maritime arbitration award for irregularity and permission to appeal).
March 19, 2010
NFU v HSBC
 EWHC 773 (Comm) Gavin Kealey Q.C. acted as a Deputy High Court Judge: double insurance.
December 19, 2009
HLB Kidsons v Lloyd’s Underwriters
On 31 October 2008, the Court of Appeal handed down Judgment in HLB Kidsons v Lloyds Underwriters  EWCA Civ 1206, an important decision concerning the construction and application of notification provisions in a claims made policy. Gavin Kealey QC acted for underwriters. The action arose out of professional negligence claims made against HLB Kidsons […]
October 31, 2009
Datasat v Swindon Town Football Club
 EWHC 859 (Comm) Gavin Kealey Q.C. acted as a deputy High Court Judge (loans, investments, share sale).
October 19, 2009
“Eternity” The Petroleum Oil and Gas Corporation Of South Africa (Pty) Ltd v FR8 Singapore Pte Ltd
 1 Lloyds Rep 107;  1 All ER (Comm) 556 Gavin Kealey Q.C. led Noel Casey for Shipowners in claim under Shelltime 4 form. Charterparty (Voyage) – Gasoil and Mogas cargoes allegedly damaged by reason of failure to separate vapour phases from common inert gas line – Owners undertaking to operate inert gas system […]
August 19, 2009
Grecoair Inc v John Tilling & Ors (Costs).
Gavin Kealey Q.C. and Richard Sarll acted as counsel for London insurers in a claim for a non-party costs order against a director and share holder of a company whose claim for an indemnity had been dismissed. The case puts beyond doubt the availability of disclosure and oral evidence in such proceedings.
June 12, 2009
Grecoair Inc v John Tilling & Ors (Costs)
2009 WL 1062979 Gavin Kealey Q.C. and Richard Sarll acted as counsel for London insurers in a claim for a non-party costs order against a director and share holder of a company whose claim for an indemnity had been dismissed. The case puts beyond doubt the availability of disclosure and oral evidence in such proceedings.
February 19, 2009
HLB Kidsons -v- (1) Lloyd’s Underwriters, Royal Sun Alliance & others (2) CMS Cameron McKenna (3) Millers Insurance Services
 1 Lloyds Rep 178;  Lloyd’s Rep IR 237;  2 All ER (Comm) 81 Gavin Kealey Q.C. acted on behalf of insurers against 3 other teams of leading and junior counsel in a complex professional indemnity insurance trial and 5 day appeal involving tax avoidance scheme claims by third parties against accountant insureds, […]
November 19, 2008
Limit No. 2 Ltd. v AXA Versicherung AG
On 12th November 2008, the Court of Appeal handed down its judgment in Limit No. 2 Limited v AXA Versicherung AG. This decision has significant implications for insurance and reinsurance contracts and contracts generally. Gavin Kealey QC and Peter MacDonald Eggers, both of 7 King’s Bench Walk, instructed by Clyde and Co. acted for the […]
November 12, 2008
“Elli” And The “Frixos” Golden Fleece Maritime Inc v St Shipping and Transport Inc
 2 Lloyds Rep 119;  1 Lloyd’s Rep. 262;  1 All ER (Comm) 908;  1 All ER (Comm) 497 Gavin Kealey Q.C. acted for shipowners in claim against time charterers concerning effect of change of International Regulations on Shipowners’ obligations under Shelltime 4 form. Charterparty (Time) – Change in international regulations – […]
September 19, 2008
Verizon v Swiftnet
 EWHC 551;  All ER (D) 289 (Mar) Gavin Kealey Q.C. acted as Deputy High Court Judge – telecommunications network dispute and forgeries). Contract – Implied term – Circumstances in which term should be implied – Telecommunications services contract – Claimant bringing action for unpaid invoices – Claimant admitting certain invoices inaccurate but contending […]
May 19, 2008
Shell UK Ltd v Acergy UK Ltd
Technology and Construction Court, June 2007 Gavin Kealey Q.C. and Alexander MacDonald acted for the defendant engineering company resisting an application for injunction enjoining company from departing FLAGS Hot Tap Project to carry out work on another North Sea Project.
June 19, 2007
Dornoch Ltd & Ors v The Mauritius Union Assurance Co. Ltd.
 1 Lloyds Rep IR 786;  2 Lloyd’s Rep. 475;  Lloyd’s Rep IR 127;  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
Travelers Casualty v Sun Life
 EWHC 2716,  EWHC 2885 (Commercial Court, Clarke J.) Gavin Kealey Q.C. led Andrew Wales for the insureds in claim under professional indemnity insurance. Insurance (liability) – Global excess policy issued to Canadian parent company and worldwide subsidiaries – English subsidiary incurring losses following review of sale of investment contracts ordered by Financial Services […]
December 19, 2006
Alexiou v Campbell
 UKPC 11 Gavin Kealey Q.C. acted in a share sale dispute before the Privy Council in its inaugural sittings in Nassau, The Bahamas.
November 19, 2006
Mulchrone v Swiss Life (UK) Plc
 1 Lloyds Rep IR 339 Gavin Kealey QC sat as Deputy Judge in this Insurance matter (group personal accident) – Employee making claim for repetitive stress injury – Policy containing arbitration clause – Whether employee could bring arbitration proceedings against insurers – Contracts (Rights of Third Parties) Act 1999 – Date on which insurance […]
October 19, 2006
“Jascon 5” – Talbot Underwriting Ltd v Nausch Hogan & Murray Inc
 1 Lloyds Rep IR 531;  2 Lloyd’s Rep. 195;  2 All ER (Comm) 751 Gavin Kealey Q.C. acted for the Respondent against the then Julian Flaux Q.C. and Peter MacDonald Eggers in undisclosed principals in insurance contracts.
June 19, 2006
Assicurazioni Generali v CGU
 LRIR 725;  Lloyd’s Rep. IR 457 Stephen Hofmeyr QC led Johan Bignall against Sioban Healy in this matter where Gavin Kealey Q.C. acted as a Deputy High Court Judge: leading case on follow settlements clauses – affirmed by the Court of Appeal. Reinsurance – Insurance of work for installation and maintenance of cables […]
September 19, 2003