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Jason Robinson

Year of Call:	2012
Email:	JRobinson@7kbw.co.uk

Year of Call: 2012

Email: JRobinson@7kbw.co.uk

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Practice Profile

Jason has a broad commercial practice, with particular emphasis on shipping, insurance, aviation, commodities and all aspects of international trade. He regularly appears as sole or junior counsel in both court and arbitral proceedings.

Recent work includes an expedited Commercial Court trial on behalf of the Fortune 500 oil and gas conglomerate Apache Corporation: Apache Beryl Ltd v Marathon Oil UK LLC [2017] EWHC 2258 (Comm), [2017] EWHC 2462 (Comm), [2017] EWHC 2504 (Comm) (led by David Allen Q.C.); a €130m ICC arbitration arising out of the supply of steel plates for use in a subsea pipeline for the transportation of hydrocarbons from Russia to Europe (led by Stephen Hofmeyr Q.C., Julia Dias Q.C. and Andrew Wales Q.C.); and a two-week arbitral hearing concerning the non-delivery and specification of a luxury superyacht (led by David Allen Q.C.).

In July 2015, Jason spent three weeks in the shipping litigation department of a major city law firm where he assisted on a range of cases, including matters concerning LOF salvage, ship management agreements, cargo damage and brokerage commission.

Areas of Expertise

Shipping & International Trade

Jason specialises in a wide variety of shipping and international trade matters. Recent work includes:

A two-week LMAA arbitration hearing concerning the non-delivery and specification of a luxury superyacht (led by David Allen Q.C.). The case included issues of critical path analysis, stability and seaworthiness. Jason had an extensive role in all aspects of the case and cross-examined a number of witnesses during the hearing.
Acting for The Standard Club in a claim against shipowners following Mr Justice Teare’s judgment in “The Altantik Confidence” [2016] EWHC 2412 (Admlty) (led by Robert Bright Q.C.).
LMAA Arbitration (2017): acting for buyers of a unique off-shore crane vessel in a claim for non-delivery worth hundreds of millions (led by Steven Berry Q.C., and Charles Priday).
Acting for a global shipping container company in a high-value dispute arising from the explosion of a number of reefer containers (led by Rebecca Sabben-Clare Q.C.).
Advising shipowners in respect of a high-value claim arising out of the liquidation of the OW Bunker Group (with Rebecca Sabben-Clare Q.C.). Issues included agency, privity of contract, equitable assignment, liens, bailment, sub-bailment and jurisdiction.
Advising an assured mortgagee of a vessel as to whether a notice of abandonment is required where a claim for constructive total loss is made under a Mortgagees Interest Insurance (MII) policy (with Peter MacDonald Eggers QC).
Successfully making an urgent application in the Commercial Court pursuant to section 44 of the Arbitration Act 1996 for a prohibitory injunction to restrain the respondent from taking steps to arrest the applicant’s vessel in South America (as sole counsel).
Applications in the Commercial Court for a freezing injunction, ancillary disclosure order and third party disclosure order in aid of the enforcement of an arbitral award (led by Stephen Phillips Q.C.).
Representing a well-known international marine consultancy and surveying firm in an Admiralty Court dispute arising out of an alleged oral contract for salvage services (as sole counsel).
Acting for a shipbuilder in a claim concerning wrongful termination of a purchase contract for a 7,000mt floating dock (with Robert Bright Q.C.).
LMAA Arbitration (2015): represented owners in a 5-day arbitration concerning cargo hold damage caused by a dangerous cargo. The case raised issues of seaworthiness and the scope of the implied indemnity (with Vasanti Selvaratnam Q.C.).
LMAA Arbitration (2015): acted for a firm of commercial managers of a vessel in a US$3m dispute arising out of a Ship Management Agreement (as sole counsel).
LMAA Arbitration (2015): represented owners in a claim against time charterers for repudiatory breach of charterparty. Issues include the proper construction of a WIBON/WIPON clause, demurrage and quantum following The “New Flamenco” and “MTM Hong Kong” decisions.
LMAA Arbitration (2015): representing purchasers of a bulk carrier in a US$26m dispute arising out of a shipbuilding contract and series of refund guarantees (as sole counsel).
LMAA Arbitration (2015): successfully defended shipowners from a claim brought by slot charterers relating to the malfunction of refrigerated containers.
LMAA Arbitrations (2015): successfully defended two s.31 applications challenging the substantive jurisdiction of a tribunal to determine references arising out of the insolvency of OW Bunker (as sole counsel).
OW Bunkers (2014-2016): acting for various parties in the Admiralty Court and arbitral proceedings in claims arising out of the insolvency of OW Bunker. Successfully applied for interpleader relief and permission to pay money into court to prevent wrongful arrest of a vessel. Advised on issues of retention of title, service out of the jurisdiction and the impact of the “Res Cogitans” decisions.
Marine Services (Grimsby) Limited v. Associated British Ports [2014] EWHC 4254 (Admlty): application for pre-action disclosure in the Admiralty Court.
LMAA Arbitration (2014): a 3-day arbitration on behalf of claimants seeking over US$7m pursuant to contracts for the sale and lease-back of a fleet of vessels (with Steven Gee Q.C.). Issues included contractual estoppel and penalty clauses.
LMAA Arbitration (2014): acting for claimant shipowners in a high value unsafe port claim.
LMAA Arbitration (2014): appealing an arbitration award under s.68 and s.69 of the Arbitration Act 1996 concerning disputes arising out of Ship Management Agreements (with Professor Charles Debattista).
Successfully defending a global container shipping company in a 2-day trial involving claims for late delivery of agricultural vehicles to West Africa (as sole counsel).
Successfully applying for security for costs in the Commercial Court pursuant to section 70(6) of the Arbitration Act 1996 (with Steven Gee Q.C.).

Jason regularly advises on issues arising out of shipping, salvage and international trade contracts. Recent examples include advices on cargo liens, liens over sub-freight, the operation of SCOPIC clauses, the operation of a limitation of liability clause in a ship management agreement, unsafe port claims, general average and claims concerning dangerous cargo.

Jason has also recently acted as an expert on English law in a case before the High Court of Singapore.

General Commercial Disputes

Jason has experience across a broad range of commercial areas, including financial services, civil fraud, sale of goods and excise duty. His recent experience includes:

Acting for the Fortune 500 oil and gas conglomerate Apache Corporation, and its subsidiaries, in expedited proceedings in the Commercial Court: Apache Beryl Ltd v Marathon Oil UK LLC [2017] EWHC 2258 (Comm), [2017] EWHC 2462 (Comm), [2017] EWHC 2504 (Comm) (led by David Allen Q.C.). Jason was responsible for preparing a case for trial in 7 weeks that opponents estimated would require one year of preparation.
A €130m ICC arbitration arising out of the supply of steel plates for use in a subsea pipeline for the transportation of hydrocarbons from Russia to Europe (led by Stephen Hofmeyr Q.C. and Anna Gotts).
Financial Services Compensation Scheme Limited & Ors v Firstplus Financial Group Plc & Ors: acting for FSCS in a multi-million pound claim arising out of the sale of PPI policies to thousands of consumers (led by Christopher Butcher Q.C. and James Cutress).
Acting for a large international bank in a claim for breach of confidence and allegations of civil fraud (led by Timothy Kenefick).
Acting for a joint venture partner in a multi-million pound property development and profit sharing dispute (as sole counsel).
A 3-day trial against a multinational oil and gas company concerning a breach of contract dispute and issues of foreign law illegality (as sole counsel).
Acting for a joint venture partner in a property investment scheme to recover unpaid performance fees and other sums from the joint venture (as sole counsel).
Acting for the claimant in a multi-million pound commission dispute (as sole counsel).
Acting for a well-known bonded warehouse in a large claim for unpaid excise duty (as sole counsel).
Acting for the owner of a high-value antique Steinway grand piano in a claim against a specialist warehouse and third parties where the piano was erroneously released from storage and sold (as sole counsel).

Jason has recent experience of obtaining urgent interim relief and permanent injunctions in the Commercial Court, Chancery Division and Admiralty Court, including:

Applications in the Commercial Court for a freezing injunction, ancillary disclosure order and third party disclosure order in aid of the enforcement of an arbitral award (led by Stephen Phillips Q.C.).
Obtaining a series of freezing injunctions and Norwich Pharmacal orders in the Chancery Division on behalf of a London firm of solicitors that had been the victim of fraud (as sole counsel).
Obtaining a series of freezing injunctions and Norwich Pharmacal orders in the Chancery Division on behalf of an international engineering, procurement and construction contractor that had been the victim of fraud (as sole counsel).
Obtaining a prohibitory injunction pursuant to section 44 of the Arbitration Act 1996 to restrain the respondent from taking steps to arrest the applicant’s vessel in South America (as sole counsel).
Obtaining an order for security for costs pursuant to section 70(6) of the Arbitration Act 1996 (led by Steven Gee Q.C.).
Obtaining permanent freezing injunctions at the return date of a number of ex parte applications (as sole counsel).

Jason also has experience with financial services disputes and has previously acted and advised on a number of cases concerning the mis- selling of interest rate hedging products.

Energy & Natural Resources

Jason has recently represented the Fortune 500 company, Apache Corporation, and its subsidiaries in expedited Commercial Court proceedings which gave rise to numerous interim hearings (led by David Allen Q.C.): Apache Beryl Ltd v Marathon Oil UK LLC [2017] EWHC 2258 (Comm) (order for an expedited trial made by Mr Justice Males), [2017] EWHC 2462 (Comm) (Sir Jeremy Cooke granted permission to amend pleadings 2 weeks before expedited trial, considering CIP Properties [2015] EWHC 1345 (TCC)), [2017] EWHC 2504 (Comm) (Mr Justice Knowles permitted introduction of additional expert evidence and associated material 1 week before expedited trial).

The case concerned a dispute between joint venture partners engaged in the exploitation of natural gas in the North Sea. The main issue to be resolved was whether the outgoing joint venture partner and operator, Apache, had given the remaining joint venture partners “reasonable assurances” that the new entrant would be capable of performing its obligations within the meaning of the parties’ Heads of Agreement. An expedited trial was ordered by Males J as that issue needed to be resolved in order for Apache’s sale to complete before the long-stop date contained in a Put and Call Option Agreement. The case was readied for trial in 7 weeks with a successful outcome. Counsel for the Defendants submitted before Males J that expedition should not be ordered as the parties required 1 year to prepare for trial.

Jason is also currently instructed to represent an international company specialising in offshore oil and gas exploration in a UNCITRAL arbitration (Paris seat) in a claim worth around US$ 1bn. The claim is due to be heard in December 2018.

Construction & Shipbuilding

Jason regularly works on shipbuilding and construction cases and has recent experience of high-value superyacht and offshore vessel disputes, including:

LMAA Arbitration (2017): acting for buyers of a unique off-shore crane vessel in a claim for non-delivery worth hundreds of millions (led by Steven Berry Q.C., and Charles Priday).
LMAA Arbitration (2016): a two-week hearing concerning the non-delivery and specification of a luxury superyacht (led by David Allen Q.C.). The case included issues of critical path analysis, stability and seaworthiness. Jason had an extensive role in all aspects of the case and cross-examined a number of witnesses during the hearing.
Acting for a shipbuilder in a claim concerning wrongful termination of a purchase contract for a 7,000mt floating dock (with Robert Bright Q.C.).

Jason has worked for both shipyards and buyers in these disputes.

Financial Services

Financial services is a rapidly expanding area of Jason’s practice and he is currently instructed by the Financial Services Compensation Scheme in a multi-million pound claim arising out of the sale of PPI policies to thousands of consumers (led by Christopher Butcher Q.C. and James Cutress).

Insurance & Reinsurance

Jason is currently instructed on a multi-million dollar coverage dispute concerning hip replacement products (led by Alistair Schaff Q.C).

Jason also regularly advises on insurance and re-insurance matters and has recent experience with marine insurance disputes, including advising an assured mortgagee of a vessel as to whether a notice of abandonment is required where a claim for constructive total loss is made under a Mortgagees Interest Insurance (MII) policy (with Peter MacDonald Eggers QC).

Aviation

Jason regularly accepts instructions in the field of aviation. Recent work includes acting for a private luxury charter company in respect of breach of aircraft lease agreements and non-payment of security deposits under aircraft sale contracts. Jason also has recent experience with cases concerning the carriage of goods by air.

Professional Negligence

Jason regularly acts in professional negligence cases. Recent work includes acting for the claimant in a claim against a firm of accountants and tax advisers with respect to negligent advice to invest in supposedly tax-efficient film investment schemes.

Company & Insolvency

Jason regularly advises on company and insolvency matters. Recent work includes:

Acting for sellers of a large chain of food outlets to recover sums due under certain loan notes valued at around £1.5m after the buyers issued stop notices.
Advising on the merits of a misfeasance action against a liquidator and former directors of a well-known company.

Memberships

COMBAR

London Shipping Law Centre

ICC Young Arbitrators Forum

Young Maritime Professionals

Education

2010: B.A. Law (Double First Class), University of Cambridge (Fitzwilliam College)

2010: BCL (Distinction), University of Oxford (St Anne’s College)

2012: BPTC, BPP University

Awards

The Baroness Ruth Deech Prize (2012) (St Anne’s College, Oxford)

BCL: Monckton Chambers Prize in Competition Law (top of the year in Competition Law) (2011)

St Anne’s College Award – BCL (2011)

Queen Mother Scholarship (Middle Temple) (2010)

Houston Putnam Lowry Prize (Fitzwilliam) (2010)

1912 Senior Scholarship (Fitzwilliam) (2010)

James William Squire Scholarship (Faculty of Law, Cambridge) (2009)

Whitlock Prize (Fitzwilliam) (2009)

Reddaway Scholarship (Fitzwilliam) (2008 & 2009)

Rebecca Flower Squire Scholarship (Faculty of Law, Cambridge) (2008)

Sir John Stratton Scholarship (Fitzwilliam) (2008)

Academic

2011 – 2012: Supervisor in Administrative Law (University of Cambridge: Trinity Hall College and Homerton College).

2013 – 2014: Taught the International Trade module on the BPTC at BPP University.

General Information

Publications

Book Chapters

Jason Robinson, ‘Damages for Repudiation of Voyage Charters: Lessons Learned from The MTM Hong Kong’ in Baris Soyer and Andrew Tettenborn (eds), Charterparties: Law, Practice and Emerging Legal Issues (Informa Law from Routledge, 2018)

Articles

Jason Robinson, ‘Contempt of Court, the Internet and Social Media: “Don’t Go There”’ [2011] 1 Durham Law Review 134

Personal

Jason played Chess at an international level for Wales from a young age and competed regularly for his country for around 10 years. He also represented his college and University during his undergraduate degree.

Reported Cases

Show cases:

Reported Cases

David Allen Q.C. and Jason Robinson successfully represent shareholders of FBME Bank in its breach of confidence claim against private investigators

The Commercial Court (Cockerill J) has handed down judgment in Saab v Dangate Consulting Ltd & Ors [2019] EWHC 1558 (Comm), finding that two former Scotland Yard police detectives, who worked as private investigators, breached contractual duties of confidence owed to shareholders of FBME Bank. The case makes important findings with respect to the nature […]

June 24, 2019

Members publish specialist energy law resource for Practical Law

David Allen QC, Jason Robinson, and Henry Moore have published a specialist Oil & Gas Practice Notice for the launch of Practical Law’s new Sectors project. The new Energy Sector contains resources written by a range of experts in the law of energy and natural resources, and covers matters ranging from M&A to decommissioning. To […]

June 5, 2019

Expedited trial order for Apache Corp

Apache v Marathon [2017] EWHC 2258 (Comm) David Allen QC acting for Apache Corp USA later leading Jason Robinson and Henry Moore succeeded in obtaining an order for an expedited trial before Males J to resolve joint venture partner disputes prior to a long stop date in a purchaser’s put and call option agreement. In […]

October 18, 2017

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