Henry Ashwell

Henry has experience of a wide variety of disputes in the shipping sector, both wet and dry. He is regularly instructed as sole counsel in international arbitrations and the High Court.

Recent instructions include:

• Instructed as sole counsel in an arbitration concerning unclean holds on redelivery of a vessel and issues of off-hire relating to suspected cases of Covid-19;
• Instructed as sole counsel in an arbitration relating to the costs of repairs due to alleged stevedore damage to a vessel’s holds during loading of a bulk cargo of scrap;
• Instructed as sole counsel in an arbitration relating to the operation of the CONWARTIME 2013 clause in a time charter as a result of the invasion of Ukraine by Russia;
• Instructed to advise on the incidence of deadfreight under a one trip time charter for the transportation of grain in bulk;
• Instructed as sole counsel in an arbitration over the costs of repairing stevedore damage on discharge of scrap cargo and the removal of residue cargo under a trip time charter;
• Instructed as sole counsel in a dispute which proceeded to mediation arising over delays resulting from crew members testing positive for Covid-19, raising issues over safe port warranties, owners’ indemnity for complying with charterers’ orders and clauses providing for crew illness;
• Instructed as sole counsel in a dispute over the costs associated with a vessel arriving with unclean holds at its load port and the application of off-hire provisions in a time charter;
• Instructed as sole counsel in a multi-party arbitration concerning costs associated with delays due to a vessel grounding after loading;
• Old Stone Marine Limited v Pax Navigation Inc.: acting as sole counsel in a collision claim in the Admiralty Court, including a claim for loss of profits associated with repairs to the vessel;
• A.P. Moller Singapore Pte Ltd and Maersk Line A/S v Monava Transporti Internazionali SPA and others: acting as sole counsel for a group of defendants in a large-scale limitation action;
• Instructed as sole counsel in an arbitration concerning the operation of clauses in a time charter relating to rates of hire dependent upon a vessel’s transit of the Panama Canal.

• Instructed as junior counsel on a 4-week $50m Bermuda Form insurance arbitration;
• Acting as sole counsel for the successful claimants in an international reinsurance arbitration, involving issues of misrepresentation, non-disclosure and affirmation;
• Advised on the subrogation of claims arising out of consumer insurance policies;
• Assisted on preparation of an expert opinion for foreign proceedings concerning the English law construction of an insurance policy for vessel repairs;
• Instructed by the claimants in a multi-million-dollar insurance arbitration under New York law concerning an oil pipeline.

• Kyla Shipping Co Ltd and another v Freight Trading Ltd and others [2022] EWHC 1625 (Comm): acted as junior counsel in a complex $31m civil fraud case relating to the trading of Forward Freight Agreements (FFAs) involving a lengthy trial in the Commercial Court;
• Instructed on a claim to enforce a major confiscation order arising out of historic misappropriation of company funds.

• Instructed as junior counsel on multi-million-pound professional negligence claims against solicitors arising out the collapse of a company;
• Instructed as junior counsel on a prospective multi-million-pound claim of audit negligence by an insolvent company for losses arising from dividend payments;
• Instructed as junior counsel on multi-million-pound audit negligence claims by a company in administration against two major auditors relating to fraud and breaches of fiduciary duties by the company’s directors.

Commercial litigation (including arbitration) covering a range of legal specialisms forms the bulk of Henry’s practice. Recent cases and disputes include:

• Instructed as junior counsel on multi-million-pound professional negligence claims against solicitors arising out the collapse of a company;
• Acting as junior counsel in a s9 Arbitration Act 1996 hearing in the Commercial Court;
• Instructed as junior counsel on multi-million-pound audit negligence claims by a company in administration against two major auditors relating to fraud and breaches of fiduciary duties by the company’s directors.
• Kyla Shipping Co Ltd and another v Freight Trading Ltd and others [2022] EWHC 1625 (Comm): acted as junior counsel in a complex $31m civil fraud case relating to the trading of Forward Freight Agreements (FFAs) involving a lengthy trial in the Commercial Court;
• Instructed as junior counsel on a $50m Bermuda form insurance arbitration concerning the sale of prescription drugs;
• Old Stone Marine Limited v Pax Navigation Inc.: acting as sole counsel in a collision claim in the Admiralty Court, including a claim for loss of profits associated with repairs to the vessel;
• Instructed as sole counsel in an arbitration concerning unclean holds on redelivery of a vessel and issues of off-hire relating to suspected cases of Covid-19;
• Instructed as sole counsel in an arbitration relating to the costs of repairs due to alleged stevedore damage to a vessel’s holds during loading of a bulk cargo of scrap;
• Instructed as sole counsel in an arbitration relating to the operation of the CONWARTIME 2013 clause in a time charter as a result of the invasion of Ukraine by Russia.

Henry is regularly instructed as both sole and junior counsel in international arbitrations covering a number of practice areas, including shipping and insurance/reinsurance. Examples of recent instructions include:

• Instructed as junior counsel in a €50m international arbitration concerning repayment of a loan;
• Instructed as junior counsel on a $50m Bermuda Form insurance arbitration;
• Acting as sole counsel for the successful claimants in an international reinsurance arbitration, raising issues of misrepresentation, non-disclosure and affirmation;
• Instructed as sole counsel in an arbitration concerning unclean holds on redelivery of a vessel and issues of off-hire relating to suspected cases of Covid-19;
• Instructed as sole counsel in an arbitration relating to the costs of repairs due to alleged stevedore damage to a vessel’s holds during loading of a bulk cargo of scrap;
• Instructed as sole counsel in an arbitration relating to the operation of the CONWARTIME 2013 clause in a time charter as a result of the invasion of Ukraine by Russia;
• Instructed as sole counsel in an arbitration over the costs of repairing stevedore damage on discharge of scrap cargo and the removal of residue cargo under a trip time charter;
• Instructed as sole counsel in an arbitration concerning the operation of clauses in a time charter relating to rates of hire dependent upon a vessel’s transit of the Panama Canal.