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"A strong advocate, who is both bright and tenacious"

Legal 500 2017

Jessica Sutherland

Year of Call:	2003
Email:	jsutherland@7kbw.co.uk

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Practice Profile

Jessica practises in all areas of commercial litigation and arbitration with particular emphasis on insurance and reinsurance, professional negligence (principally insurance brokers and solicitors), shipping, international trade and private international law.

Jessica is recommended in Legal 500, Who’s Who Legal and Chambers and Partners as a leading junior for insurance and reinsurance, shipping and commodities. Reviewers have described her as: “First-rate” ” (Legal 500, 2017) and as having “a perfect memory for every detail in a case” (C&P, 2018).

Jessica has acted in a wide range of cases in the Court of Appeal, Commercial Court and in domestic and international arbitration (including Bermuda Form arbitrations). Jessica has considerable experience of acting as part of a team of counsel, working closely with solicitors, clients, witnesses and experts on large-scale, complex commercial disputes. She has also appeared on her own as an advocate in the High Court and in arbitration and is recommended for her “effective” advocacy (Legal 500, 2015).

Jessica also has a substantial advisory practice.

Areas of Expertise

Admiralty

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Jessica has experience in matters of salvage, general average, and other aspects of admiralty law. Recent cases include:

St Maximus Shipping Co Ltd v AP Moller-Maersk A/S [2014] 2 Lloyd's Rep. 377: Jessica appeared with Stephen Kenny QC for the Claimant in its claim to enforce the terms of a Letter of Undertaking provided to it by the Defendant (“Maersk”) by way of security for the potential liability in general average of cargo interests.
Two arbitral references one governed by English law and one governed by Chilean law. Jessica acted for the claimant Cargo Interests against the owners of the vessel in respect of losses suffered as a result of the grounding of the vessel in Chile.

Commodities

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Jessica is ranked as a “Tier 1” Leading Junior in the Legal 500 for Commodities work. Recent cases include:

Great Elephant Corporation v Trafigura Beheer BV (The “Crudesky”) [2012] 2 Lloyd’s Rep 503 (a two day appeal acting for the appellant charterers (Trafigura) in their appeal from the decision of Teare J. The case concerned the law on the Sale of Goods Act, implied terms of right to sell and quiet possession, and the law on force majeure)

General Commercial Disputes

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Jessica has extensive experience of large-scale, complex commercial disputes. Cases include:

Excalibur Ventures LLC v Texas Keystone and others: Jessica acted (with Simon Picken QC, Timothy Kenefick and Keir Howie) for the Claimant (Excalibur) in a billion pound claim concerning the granting of oil concessions in Iraqi Kurdistan. The trial commenced in October 2012 and finished in February 2013.
Macquarie Internationale Investments Ltd v Glencore UK Ltd [2009] EWHC 2267 (Comm) (Andrew Smith J). Together with Richard Southern QC, Jessica acted for the Defendant in a breach of warranty claim arising out of a share sale and purchase agreement for the sale of a UK gas retail business; the claim was successfully defended. The case considers the concept of “true and fair” in the context of financial statements and warranties in a mergers and acquisitions case.

Injunctions & Arrests

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Jessica has successfully obtained freezing injunctions and anti-suit injunctions from the High Court. Cases include:

Jessica has recently assisted South African Counsel with issues arising from a ship arrest and associated judicial sale.
Jessica assisted Hong Kong counsel in obtaining a worldwide freezing injunction over the personal assets of three of the former directors of Parakou Shipping.
Steamship Mutual Underwriting Association (Bermuda) Limited v Sulpicio Lines [2008] EWHC 914 (Comm) (Walker J): Jessica acted for the Claimant, successfully obtaining a permanent anti suit injunction in support of English arbitration proceedings. The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981.

Insurance & Reinsurance

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Jessica is recommended as a leading junior in this area where she is described as ‘Very bright, responsive and effective on her feet.’ (Legal 500, 2015). Jessica has wide ranging experience including experience of Bermuda Form arbitration. Jessica has acted as a sole arbitrator (determination on paper) and is a member of Lloyd's Arbitration Scheme Arbitrators Panel - tiers 1 & 2. A selection of recent cases concerning insurance and reinsurance in which Jessica has acted is set out below:

Beazley Underwriting Limited v The Travelers Companies Incorporated [2012] Lloyd's Rep. IR 78 (An insurance dispute arising out of the judgment in Standard Life Assurance Ltd v Oak Dedicated Ltd and Others [2008] EWHC 222 (Comm), [2008] Lloyd's L.R. 552. The case concerned issues of policy construction, and the effect of subjectivities on a slip.)
A high value Bermuda Form arbitration - Led by S.J. Phillips QC MP. Jessica acted for the respondent reinsurers who were being sued by the claimant, one of the world’s largest pharmaceutical companies.
An arbitration concerning a quota share reinsurance between a Bermudan Reinsurer and a Lloyd’s Syndicate. Jessica acted for the respondent reinsurers who agreed to reinsure the Lloyd’s Syndicate in respect of the Syndicates’ own reinsurance of underlying regulated and unregulated Japanese Kyosai business.
A Bermuda Form arbitration involving a US$140 million claim by a US telecommunications company against its D&O insurers arising out of securities litigation in the United States.

International Arbitration

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Jessica is building an impressive body of cases in international arbitration including high value ship building arbitrations and Bermuda form disputes. Recent cases include:

A high value shipping building dispute (damages claimed are in excess of EURO 24,000,000) concerning a multimillion EURO build project for a super yacht.
A Bermuda Form arbitration involving a US$140 million claim by a US telecommunications company against its D&O insurers arising out of securities litigation in the United States.

Jurisdiction/Conflict of Laws

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Recent cases include:

ED & F Man Sugar Ltd v Lendoudis [2007] 2 Lloyd’s Rep 579 (Clarke J): Jessica acted for the Defendant. The case concerned the enforcement of a Greek Judgment which was said to have recognised an English Arbitration Award. Issues covered included: the scope of the Judgments Regulation and Brussels Convention, enforcement at common law, service out of the jurisdiction and whether permission ought to be granted to amend a claim form after the expiry of the limitation period.

Professional Negligence

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Jessica has particular expertise in disputes concerning insurance brokers and solicitors. Cases include:

Allied Dunbar v TUIC and Willis: Jessica acted for an insurance broker in relation to a dispute arising out of the PIA/FSA review of FSAVC and endowment products in early 2000.
CNA Insurance Company Limited and others v. Willis Limited: Jessica acted for the Defendant in respect of substantial claims arising out of the PA LMX and Occupational Accident reinsurance markets in the 1990s.
The Law Society of England and Wales and others v Margaret Jean Compton and others: Jessica acted in multi-party litigation involving subrogated claims against the former partners of various solicitors firms pursuant to the Solicitors Act 1974.
Newline Corporate Name Limited v Morgan Cole (a firm) (2007) EWHC 1628 (Comm) (Simon J): together with Christopher Butcher QC Jessica acted for the Claimants in a claim against their former solicitors.

Shipping & Transport

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Jessica has particular expertise in disputes concerning contracts for the carriage of goods by sea, sale of goods, contracts of insurance (both marine and non-marine) and shipbuilding. Previous cases include:

A high value shipping building dispute concerning a 100 metre super yacht.
A series of arbitrations concerning the construction of three bulk carriers (each worth US$ 50 million).
Carboex SA v Louis Dreyfus Commodities [2012] 2 Lloyd's Rep. 379: A two day hearing before the Court of Appeal concerning the proper construction of the ‘strikes’ exception in the AMWELSH Voyage Charter. The case is one the leading authorities on exceptions to laytime and demurrage.
Churchgate Nigeria Ltd v Pace Shipping Co Ltd [2008] EWHC 1619 (Comm) (Beatson J): Jessica acted for the Claimant in its successful appeal from a partial arbitration award pursuant to section 69 of the Arbitration Act 1996. The appeal concerned the interpretation of sections 2(2) and 2(4) of the Carriage of Goods by Sea Act 1992 and issues of contractual and proprietary title to sue.
Pace Shipping Co Ltd (Malta) v Churchgate Nigeria Ltd (Nigeria) [2010] 1 Lloyd’s Rep 183 (Teare J): Jessica successfully defended applications made by the Claimant pursuant to sections 68, 69 and 70 of the Arbitration Act 1996. The appeal concerned the construction of section 2(2)(a) of the Carriage of Goods by Sea Act 1992 (CoGSA 92). The case is one of the few authorities on the interpretation of this section.

Education

Downing College, Cambridge: MA in law, first class (2001) Downing College, Cambridge: LLM, first class (2002) Middle Temple/Inns of Court School of Law, London (2002.

During her time at Cambridge Jessica was awarded a number of law scholarships and prizes by the University and Downing College: the Norton Rose prize for best performance in Commercial Law; the Rebecca Flower law Scholarship; Downing College Tripos Prizes; Downing College Senior Harris Scholarship and Wright Rogers Scholarship. Jessica was awarded a Queen Mother Scholarship and Harmsworth Entrance Exhibition by Middle Temple.

Appointments

Jessica accepts arbitration appointments in relation to disputes falling within her areas of expertise, in particular insurance and reinsurance, shipping, international trade and commodities, conflicts of law and professional negligence. She has been appointed as sole arbitrator in both insurance disputes and shipping disputes.

Jessica is a member of Lloyd's Arbitration Scheme Arbitrators Panel - tiers 1 & 2, and a member of the LCIA.

Directories

"She is very responsive, has a perfect memory for every detail in a case and grasps concepts very quickly." Chambers and Partners 2018
"She's a good senior junior. There isn't a word in a document that she won't know." "She is very responsive, has a perfect memory for every detail in a case and grasps concepts very quickly." Chambers and Partners 2018
First-rate. Legal 500 2017
A strong advocate, who is both bright and tenacious. Legal 500 2017
A promising junior with a track record in insurance and reinsurance. Legal 500 2017
"An exceptionally clever and able junior." "She's on top of the detail and willing to muck in." Chambers and Partners 2017
"She is client friendly, ready to assist and someone who provides prompt advice." "She is very easy to work with." Chambers and Partners 2017
An excellent advocate with intelligence and the will to fight hard. Legal 500 2016
Very astute. Legal 500 2016
"She is very strong technically, very focused and user-friendly. She thinks creatively about the issues." Chambers and Partners 2016
"She is very diligent and easy to work with." Chambers and Partners 2016
A fantastic advocate - urbane, bright and willing to work hard Legal 500 2015
Very bright, responsive and effective on her feet. Legal 500 2015
Excellent to have on your side Legal 500 2015
"She is capable and a pleasure to deal with." Chambers and Partners 2015
"She has excellent attention to detail for both the law and the practical side of matters." Chambers and Partners 2015
"She is unflappable and very sound in her advice." Chambers and Partners 2015
“Skilled in insurance and reinsurance disputes, especially those relating to property damage and business interruption due to natural catastrophes. Expertise: "Outstanding. She's a junior you can absolutely depend upon."” Chambers and Partners 2014
Jessica is recommended in Legal 500 as a leading junior for Insurance and Reinsurance Legal 500 2014
Jessica is recommended in Legal 500 as a leading junior for Commodities (“a safe pair of hands”) Legal 500 2014
Jessica Sutherland maintains her reputation as one of the best juniors on the insurance scene. She recently acted for owners of an ammonia plant in Trinidad and Tobago who made claims for property damage and business interruption following damage to the plant's machinery. Chambers UK 2013
Jessica Sutherland joins the rankings as a junior to watch. Displaying a "promising youthful zip and great intelligence," she has recently been defending reinsurers in claims for losses suffered after the 2007 California brush fires. Chambers UK 2012

Reported Cases

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Reported Cases

‘Subject to contract’ and ‘subject to board approval’: Judge confirms no binding settlement agreement in arbitration dispute

[2018] EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]

May 10, 2018

New appointments for the Lloyd’s Arbitration Scheme

Jessica Sutherland, Marcus Mander and Sushma Ananda have been appointed to the panel of arbitrators for the Lloyd’s Arbitration Scheme, Tiers 1 and 2.

April 5, 2017

St Maximus Shipping Co Ltd v Ap Moller-Maersk A/S

Hamblen J decides the proper construction of a letter of undertaking provided to “owners” by time charterers as security for the potential liability in general average of cargo interests: meaning of “proper proportion” and “ascertained to be due”: the nature of ‘on-demand guarantees’: State Trading Corp of India Ltd v Doyle Carriers Inc (The Jute […]

May 22, 2014

Excalibur Ventures LLC v Texas Keystone Inc & Gulf Keystone Petroleum Limited

The Commercial Court has given judgment in Excalibur Ventures LLC v. Texas Keystone & ors, a high profile energy dispute concerning interests in four large oilfields in Iraqi Kurdistan. Excalibur Ventures LLC had entered into a Collaboration Agreement with Texas Keystone and also, it alleged, Gulf Keystone Petroleum Limited, an AIM-listed oil and gas exploration […]

September 10, 2013

“Crude Sky” Great Elephant Corporation v Trafigura Beheer B.V.

This judgment considers the law on the Sale of Goods Act implied terms of right to sell and quiet possession, and the law on force majeure. Robert Bright QC and Jessica Sutherland acted for Trafigura in its successful appeal from the judgment of Teare J of 27 June 2012. The dispute related to a chain […]

July 25, 2013

Carboex SA v Louis Dreyfus Commodities

[2013] 2 WLR 754 Sioban Healy QC and Jessica Sutherland acted for Louis Dreyfus which concerned whether a voyage charterparty strikes exception clause applied to vessels which were delayed in berthing due to congestion caused by the after-effects of a strike which had ended before the vessels berthed. Field J held, distinguishing the decision of […]

June 19, 2012

Beazley Underwriting Limited v The Travelers Companies Incorporated

Dominic Kendrick QC led Josephine Higgs against Sioban Healy QC who led Jessica Sutherland in this Insurance dispute arising out of the judgment in Standard Life Assurance Ltd v Oak Dedicated Ltd and Others [2008] EWHC 222 (Comm), [2008] Lloyd’s L.R. 552. Decided issues of policy construction, and the effect of subjectivities on a slip.

June 24, 2011

Macquarie Internationale Investments Ltd -v- Glencore UK Ltd

[2010] EWCA Civ 697; [2009] EWHC 2267 (Comm) Richard Southern QC and Jessica Sutherland acted for the Defendant in a breach of warranty claim arising out of a share sale and purchase agreement for the sale of a UK gas retail business; the claim was successfully defended both in the Commercial Court and in the […]

June 21, 2010

“Pace” Pace Shipping Co Ltd (Malta) -v- Churchgate Nigeria Ltd (Nigeria)

[2010] 1 Lloyd’s Rep 183 (Teare J) Simon Picken QC and Jessica Sutherland successfully defended applications made by the Claimant (David Bailey QC) pursuant to sections 68, 69 and 70 of the Arbitration Act 1996. The appeal concerned the construction of section 2(2)(a) of the Carriage of Goods by Sea Act 1992 (CoGSA 92). The […]

July 31, 2009

Churchgate Nigeria Ltd -v- Pace Shipping Co Ltd

[2008] EWHC 1619 (Comm) Timothy Brenton QC and Jessica Sutherland acted for the Claimant in its successful appeal from a partial arbitration award pursuant to section 69 of the Arbitration Act 1996. The appeal concerned the interpretation of sections 2(2) and 2(4) of the Carriage of Goods by Sea Act 1992 and issues of contractual […]

June 12, 2008

Steamship Mutual Underwriting Association (Bermuda) Limited -v- Sulpicio Lines

[2008] 2 Lloyd’s Rep. 269 Robert Bright QC and Jessica Sutherland acted for the Claimant, successfully obtaining a permanent anti suit injunction in support of English arbitration proceedings. The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981. […]

April 4, 2008

ED & F Man Sugar Ltd -v- Lendoudis

[2008] 1 All ER (Comm) 359; [2008] 1 All ER 952; [2007] 2 Lloyd’s Rep 579 (Clarke J) S.J. Phillips and Jessica Sutherland acted for the Defendant. The case concerned the enforcement of a Greek Judgment which was said to have recognised an English Arbitration Award. Issues covered included: the scope of the Judgments Regulation […]

October 10, 2007

Newline Corporate Name Limtied -v- Fisburn Morgan Cole (a firm)

(2007) EWHC 1628 (Comm) Christopher Butcher QC and Jessica Sutherland acted for the Claimants in a claim against their former solicitors.

July 9, 2007

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Latest News

‘Subject to contract’ and ‘subject to board approval’: Judge confirms no binding settlement agreement in arbitration dispute

May 10, 2018

New appointments for the Lloyd’s Arbitration Scheme

Jessica Sutherland, Marcus Mander and Sushma Ananda have been appointed to the panel of arbitrators for the Lloyd’s Arbitration Scheme, Tiers 1 and 2.

April 5, 2017

St Maximus Shipping Co Ltd v Ap Moller-Maersk A/S

May 22, 2014

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"A strong advocate, who is both bright and tenacious"

Legal 500 2017

Jessica Sutherland

Practice Profile

Jessica practises in all areas of commercial litigation and arbitration with particular emphasis on insurance and reinsurance, professional negligence (principally insurance brokers and solicitors), shipping, international trade and private international law.

Areas of Expertise

Education

Appointments