Practice Profile

Jason is recognised in the directories for his commercial work:

• “Very shrewd, very responsive and extremely user-friendly” (Chambers & Partners, 2021)
• “He boils things down so they are really easy to understand” (Chambers & Partners, 2021)
• “Hard-working, responsive and user-friendly.” (Chambers & Partners 2020)
• “One to watch, he’s very bright and picks everything up quickly.” (Chambers & Partners 2020)

Jason has a broad range of experience, including in respect of financial services, civil fraud, shareholder disputes, sale of goods and excise duty, and accepts instructions in all areas of commercial law. His recent experience includes:

• PetroSaudi Oil Services (Venezuela) Limited v Clyde & Co LLP [2021] EWHC 444 (Ch): Miles J refused to make an order requiring Clyde & Co to pay escrow monies of $325m into Court on the grounds that transfer of the funds by Clyde & Co into Court would expose Clyde & Co to the risk of criminal and civil sanctions in the United States, consequent upon an in rem arrest warrant issued by the Californian District Court. Clyde & Co holds the money, which are the proceeds of a Standby Letter of Credit, on trust as former solicitors to PetroSaudi, who is the sole beneficiary.
• (1) Quadra Commodities S.A.; (2) Ifchor (Switzerland) S.A.; (3) Amaggi S.A. v International Bank of St-Petersburg (in liquidation) [2021] EWHC 119 (Comm): Jason represented the successful respondent to an application for a peremptory order to bar the respondent from participating in a substantive application for declaratory relief unless and until it paid a £100,000 costs order.
• Ferand Business Corporation & Ors v Maritime Investments Holdings Ltd & Ors [2020] EWHC 2665 (Comm), [2021] EWHC 197 (Comm), [2021] EWHC 40 (Comm): substantively and procedurally complex dispute between shareholders and siblings concerning the management of a fleet of bulk carriers. Jason represented the successful Claimants, who were awarded indemnity costs (led by David Allen QC).
• Alfred Schefenacker v Darko Horvat [2020] EWHC 506 (Ch): High Court confirmed its jurisdiction under the Brussels Recast Regulation to make a Part 71 order in respect of judgments issued by courts within the EU. Jason represented the successful respondent in a contested application to set aside the Part 71 order.
• UNCITRAL Arbitration (2017 – 2021): Jason was instructed in a 3-year UNCITRAL arbitration concerning an off-shore drilling dispute and the performance of a specialist drill ship under a 7-year charter. The claim was worth in excess of US$2bn (led by David Allen QC). Jason remains instructed with respect to ongoing proceedings in the High Court.
• ICC Arbitration (2020): Jason has been instructed by an EU member state in a claim, worth in excess of €5bn, concerning the construction of naval submarines.
• Saab v Dangate Consulting Ltd & Ors [2018] EWHC 546 (Comm), [2019] EWHC 1558 (Comm), [2020] EWHC 48 (Comm): long-running litigation concerning a breach of confidence claim on behalf of shareholders of a major bank against two ex-Scotland Yard police officers acting as private investigators. Jason represented the successful claimants (led by David Allen QC).
• Apache Beryl Ltd v Marathon Oil UK LLC [2017] EWHC 2258 (Comm), [2017] EWHC 2462 (Comm), [2017] EWHC 2504 (Comm): acting for the Fortune 500 oil and gas conglomerate Apache Corporation, and its subsidiaries, in expedited proceedings in the Commercial Court. Jason was responsible for preparing a case for trial in 7 weeks that opponents estimated would require one year of preparation (led by David Allen QC).
• Financial Services Compensation Scheme Limited & Ors v Firstplus Financial Group Plc & Ors: acting for FSCS in a multi-million pound group litigation claim arising out of the sale of PPI policies to thousands of consumers (led by Christopher Butcher QC and James Cutress QC). Jason is accordingly familiar with the substantive and procedural issues that often arise with respect to group litigation orders.
• A 3-week ICC arbitration relating to a €130m claim 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 QC).
• 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 QC).
• 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 QC).
• Obtaining permanent freezing injunctions at the return date of a number of ex parte applications (as sole counsel).

Jason is also presently instructed on a number of cases concerning contractual issues arising out of COVID-19, including force majeure and frustration, and is advising regularly in this area. Jason has recently advised a chain of Michelin star restaurants in this respect.

Jason specialises in a wide variety of shipping and international trade matters and is recognised by the directories: “Extremely clever and analytical” (Legal 500, 2021); “Impresses with how hard he works and his grasp of the technical and legal arguments in a case” (Chambers & Partners, 2021).

Recent work includes:

• Ferand Business Corporation & Ors v Maritime Investments Holdings Ltd & Ors [2020] EWHC 2665 (Comm), [2021] EWHC 197 (Comm), [2021] EWHC 40 (Comm): substantively and procedurally complex dispute between shareholders and siblings concerning the management of a fleet of bulk carriers. Jason represented the successful Claimants, who were awarded indemnity costs (led by David Allen QC).
• ICC Arbitration (2020): Jason has been instructed by an EU member state in a claim, worth in excess of €5bn, concerning the construction of naval submarines.
• Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS [2019] EWHC 3368 (Comm): urgent application concerning the admissibility of an MAIB report in arbitration.
• Alianca Navegacao e Logistica Ltda v Ameropa SA (M/V “SANTA ISABELLA”) [2019] EWHC 3152 (Comm): 5-day trial concerning a claim for demurrage raising issues of deviation, the Article III rule 2 Hague-Visby obligation regarding ventilation, speed and performance, and quarantine (as sole counsel).
• UNCITRAL Arbitration (2017 – 2021): Jason was instructed in a 3-year UNCITRAL arbitration concerning an off-shore drilling dispute and the performance of a specialist drill ship under a 7-year charter. The claim was worth in excess of US$2bn (led by David Allen QC). Jason remains instructed with respect to ongoing proceedings in the High Court.
• A two-week LMAA arbitration concerning the non-delivery and specification of a luxury superyacht (led by David Allen QC). 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.
• A two-week LMAA arbitration for an oil major concerning the unsuccessful conversion of a combined sulphur/bitumen carrier which led to deflagrations onboard the vessel in Dublin (led by David Allen QC).
• 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 QC).
• 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 QC 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 QC).
• Advising shipowners in respect of a high-value claim arising out of the liquidation of the OW Bunker Group (with Rebecca Sabben-Clare QC). 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 QC).
• 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 QC).
• 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 QC).
• 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 QC). 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 QC).

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, unsafe port claims, general average and claims concerning dangerous cargo.

Jason has acted as an expert on English law in foreign courts, including in a case before the High Court of Singapore.

Recent work also includes obtaining urgent injunctive relief in respect of disputes arising from the COVID-19 pandemic, and advising a broad range of interests in the shipping industry with respect to force majeure and frustration issues.

Jason receives regular instructions to represent shipyards and buyers in respect to disputes arising out of the construction of commercial vessels and luxury superyachts. Such disputes typically concern construction defects and complex expert evidence. Jason is also regularly instructed with respect to disputes arising from the chartering of superyachts, by both owners and charterers. According to the directories, Jason is “well known for representing clients in superyacht and shipbuilding cases” (Chambers & Partners, 2021).

Recent work includes:

• An ongoing LMAA arbitration concerning the non-completion of a luxury superyacht worth €63m. Jason is instructed by the buyer.
• An ongoing LMAA arbitration concerning a defective engine system and deck mist system onboard one of the largest charter superyachts in the world. Jason is instructed by the buyer as sole counsel.
• An ongoing LMAA arbitration concerning the defective design and construction of a 53m superyacht worth €26m. The case involves highly technical expert evidence. Jason is sole counsel.
• A two-week LMAA arbitration concerning the non-delivery and specification of a luxury superyacht (led by David Allen QC). The case included issues of critical path analysis, stability and seaworthiness. Jason had an extensive role at the hearing and cross-examined a number of witnesses.
• Acting for owners of a superyacht in an LMAA arbitration brought by a celebrity charterer with respect to a dispute about licensing restrictions (as sole counsel).
• Acting for a celebrity charterer with respect to a dispute that arose after a summer charter of a superyacht (as sole counsel).
• Acting for buyers of a unique off-shore crane vessel in a defects claim worth hundreds of millions (led by Steven Berry QC and Charles Priday).
• Acting for a shipbuilder in a claim concerning wrongful termination of a purchase contract for a 7,000mt floating dock (with Robert Bright QC).

Jason also advises buyers of luxury superyachts at a pre-contractual stage, to assist in the review and amendment of draft yacht construction agreements. A recent example is advising the buyer of a €20m superyacht to be built by a well-known Italian shipyard. He accordingly has an in-depth understanding of the standard form of a wide range of shipyard superyacht contracts.

Insurance & Reinsurance is a mainstay of Jason’s practice and he is regularly instructed to appear in Court and arbitration (including Bermuda Form) to represent both assured and insurers. Recent work includes:

• ProSight Global Inc v (1) Randall & Quilter II Holdings Limited; (2) Randall & Quilter Underwriting Management Holdings Limited [2021] EWHC 228 (Comm): a successful application for summary judgment, concerning the proper construction of a best endeavours obligation to procure the release of Funds at Lloyd’s. The 114-paragraph judgment also contains a detailed analysis of the meaning of the “best endeavours” obligation (led by Richard Waller QC).
• Bermuda Form Arbitration (2020 – 2021): acting for an insurer in a coverage claim brought by a religious organisation, worth $34m (led by Gavin Kealy QC).
• Representing a major insurer in a 2-week arbitration against a FTSE 100 medical device manufacturer in a $50m coverage claim under an excess layer policy containing Bermuda Form wording (led by Alistair Schaff QC).
• Advising a major insurer listed on the Johannesburg Stock Exchange with respect to the proper construction of its business interruption policy wording, and its reinsurance policy, further to the spread of Coronavirus in Africa (with Jonathan Gaisman QC).
• Providing coverage advice to a major insurer with respect a number of its credit risks policies in light of Coronavirus (with Colin Edelman QC and Thomas Plewman QC).
• Acting for an oil major with respect to a claim for cover under its non-payment insurance policy (as sole counsel).

Jason also regularly acts and advises on marine insurance disputes, and has recently advised 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).

Jason is presently advising a wide range of interests in respect of insurance and reinsurance issues arising out of COVID-19, including the proper construction of business interruption wording (with and without a physical damage proviso), aggregation, “hours limit” clauses, causation (Orient Express etc.) and quantum. Ongoing work also includes advising with respect to trade credit insurance policies and D&O insurance.

In addition to his shipbuilding and superyacht work, Jason acts frequently in a range of pure construction matters. He has received instructions on claims involving a wide range of issues, including disputes arising from design flaws, delays, suspension and termination of work, loss and expense entitlements, and the question of whether premises are unfit for purpose pursuant to the Defective Premises Act 1972. He is accordingly familiar with the standard form contracts in this area, including FIDIC, JCT, ICE and RIBA.

Jason’s work in this area involves both domestic and offshore construction projects, and he was recently instructed to advise with respect to a number of high-value claims concerning an offshore oil rig. He is also regularly instructed to advise parties during the course of ongoing projects, which often include a host of professional negligence issues. Recent arbitral work includes a multi-million pound property construction dispute on JCT terms (as sole counsel), and a multi-million dollar ICC dispute arising out of the construction of the South Stream pipeline project.

Jason’s insurance practice often overlaps with construction work and he has advised on a number of “construction all risks” policies.

Jason is recognised by the directories for his work in this area: “Hard-working and just really impressively clever, he provides a work product that is exceptionally user friendly” (Chambers & Partners, 2021).

Jason is currently instructed by a state-owned natural gas company on two parallel and highly complex arbitrations, with hearings scheduled throughout 2021 and 2022 (led by David Allen QC). The claims are each worth hundreds of millions of dollars.

Recent work includes representing 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 QC): 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 was also instructed to represent an international company specialising in offshore oil and gas exploration in a UNCITRAL arbitration (Paris seat) in a claim worth in excess of US$ 2bn (led by David Allen QC), and recently completed a two-week LMAA arbitration for an oil major concerning the unsuccessful conversion of a combined sulphur/bitumen carrier which led to deflagrations onboard the vessel in Dublin (led by David Allen QC).

Financial services is a rapidly expanding area of Jason’s practice and he was recently instructed by the Financial Services Compensation Scheme in a multi-million pound claim against a number of financial institutions arising out of the sale of PPI policies to thousands of consumers (led by Christopher Butcher QC and James Cutress QC). Jason also regularly advises in this area and recent work includes a number of cases concerning the mis-selling of interest rate hedging products.

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, and advising a cargo airline in a professional negligence claim (with Patrick Lawrence QC). Jason also has recent experience with cases concerning the carriage of goods by air.

Jason regularly acts in professional negligence cases. Recent work includes Saab v Dangate Consulting Ltd & Ors [2020] EWHC 48 (Comm), [2019] EWHC 2602 (Comm), [2019] EWHC 1558 (Comm), [2018] EWHC 546 (Comm), where he represented shareholders of a bank in a breach of confidentiality claim against ex-Scotland Yard private investigators. Other work includes acting for the claimant against a firm of accountants and tax advisers with respect to negligent advice to invest in supposedly tax-efficient film investment schemes, and advising a cargo airline in a professional negligence claim (concerning both solicitor and barrister negligence).

Jason regularly advises on company and insolvency matters, as well as shareholder disputes, and work includes:

• Ferand Business Corporation & Ors v Maritime Investments Holdings Ltd & Ors [2020] EWHC 2665 (Comm), [2021] EWHC 197 (Comm), [2021] EWHC 40 (Comm): substantively and procedurally complex dispute between shareholders and siblings concerning the management of a fleet of bulk carriers. Jason represented the successful Claimants, who were awarded indemnity costs (led by David Allen QC).
• 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.