Rebecca Jacobs

Rebecca has been instructed in a wide range of insurance and reinsurance disputes, including trade credit, liability, construction all risks, business interruption and marine insurance. She is currently instructed as junior in some of the most significant insurance litigation in the market, as well as acting as sole counsel in smaller matters. Highlights include:

• Instructed (led by Dominic Kendrick KC, Peter MacDonald Eggers KC and Tim Kenefick) by a major market insurer in aviation insurance claims made following Russia’s invasion of Ukraine. Rebecca’s client was successful in an application to be joined to the proceedings in the AerCap Action (AerCap Ireland Limited v AIG and others [2023] EWHC 96 (Comm)) and is a defendant in each of the other actions under contingent and possessed policies. These claims are listed for a concurrent ten-week trial before Butcher J in the autumn of 2024.
• Appearing (led by Dominic Kendrick KC) for General Reinsurance AG in one of two conjoined s.69 appeals before Foxton J concerning claims for Covid-19 business interruption losses under CAT XL reinsurance policies (Covea v Unipol; Markel v Gen Re [2024] EWHC 253 (Comm)). The case, which is now on appeal to the Court of Appeal, is the first Covid-19 reinsurance dispute before the English Courts.
• Acting as sole counsel for yacht owners in a claim against insurer arising out of defective and delayed repairs to a vessel following hurricane damage, listed for a five-day trial in 2025.
• Advising (with S.J Philips KC) Lloyd’s run-off entities in potential claims against a Lloyd’s broker for a failure to account for sums owed under a retrocession.
• Acting as sole junior in two high value reinsurance arbitrations concerning coverage and aggregation of Covid-19 losses (led by Michael Holmes KC and by David Edwards KC respectively).
• Acting as sole counsel for a luxury London hotel and restaurant group in a claim against insurers for flooding damage, raising issues of alleged non-disclosure and misrepresentation under the Insurance Act 2015.
• Advising (with Peter Macdonald Eggers KC) several insured banks on the impact of sanctions against Russia on cover under a Mortgagee Interest Insurance Policy.
• Acted as sole counsel for various Lloyd’s syndicates in a claim against an international art dealer under a consignment agreement for the loss of a high value painting (Underwriting Members of Lloyd’s Syndicates v Mr. Andre Ruzhnikov). The case settled shortly before trial.
• Appeared (led by Sioban Healy KC and Anna Gotts) for the respondents in a multi-million-pound trade credit insurance arbitration under the LCIA rules, raising issues of coverage and breach of warranty.
• Appeared (led by Gavin Kealey KC and Simon Goldstone) for the successful respondents in a 60-million-pound construction all risks LCIA arbitration concerning defective construction work at a major deep-water port.
• Instructed (as sole counsel) to advise several insured businesses (including a gallery and an outdoor tourist attraction) on claims under business interruption policies for losses arising out of Covid-19.
• Instructed as junior to advise on coverage in a very high value dispute under an offshore construction policy concerning alleged damage to a section of a subsea gas pipeline.
• Advised (as sole counsel) a legal services company on a claim under a professional indemnity policy arising out of misappropriated funds, with a particular focus on the application of a dishonesty exclusion.
• Assisted in advising on Bermuda Form coverage for claims arising out of the sale of prescription drugs. Advice covered a range of issues, including the application of various exclusions, notification and aggregation.

Rebecca has a wide range of experience of general commercial and contractual disputes:

• Acting (led by James Turner KC) for a Moroccan commodities company in Commercial Court claims against a seller’s bank arising out of a contract for the sale of commercial butane (Afriquia Gaz v Gulf Petroleum and UBS).
• Acted (led by Michael Ryan) for a Ukrainian state agency in DGF v Frick [2022] EWHC 2221 (Ch), a claim brought on behalf of the depositors of an insolvent Ukrainian bank against a Lichtenstein bank under s.423 of the Insolvency Act.
• Acted (led by S.J Phillips KC) in a multi-million-dollar dispute arising out of an offshore geotechnical contract, both at first instance and in the Court of Appeal (Geoquip Marine AG v Tower Resources [2022] EWHC 531 (Comm), [2023] EWCA Civ 304). Rebecca represented the defendants unled at the CCMC against a QC.
• Acted as sole counsel for the successful defendant in the trial of a claim by a bank under a guarantee, running a defence of undue influence (pro bono via Advocate).
• Acting as sole counsel in Underwriting Members of Lloyd’s Syndicates v Mr. Andre Ruzhnikov a claim brought by Lloyd’s syndicates under a consignment agreement for the loss of a high value painting by the consignee.
• Acted as sole counsel for a construction company in a dispute in the Circuit Commercial Court arising out of allegations of overcharging and breach of contract in relation to 1.5-million-pounds of unpaid invoices.
• Obtained (as sole counsel) a Norwich Pharmacal Order in the High Court on behalf of a multinational pharmaceutical company.
• Successfully resisted (as sole counsel) a jurisdiction challenge in the County Court in a claim arising out of a contract to repair classic cars. The hearing raised issues as to the application of the consumer provisions under the Brussels Recast Regulation.
• Instructed (as sole counsel) on behalf of a Ghanaian music producer in claims against a recording and music publishing company for misrepresentation and breach of contract.
• Successfully set aside default judgment under CPR Part 13 (as sole counsel), and subsequently drafted a defence, in a Euro 300,000 claim against two German companies for allegedly unpaid recruitment commission, involving issues of rectification and authority under English and German law.
• Acting in a dispute concerning allegations of misrepresentation and fraudulent breach of duty in the context of investment in a 140-million-pound property regeneration scheme.

Rebecca has a particular interest in disputes raising conflict of laws issues and has advised on jurisdiction and choice of law in a range of commercial contexts. Highlights include:

• Acted (as sole counsel) for the successful defendant in a challenge to an arbitration award on jurisdiction under s.67 Arbitration Act, before Dias J in the Commercial Court (Emirates Shipping Line v Gold Star Line [2023] EWHC 880 (Comm)). The application concerned whether the Claimant was a party to the contract containing the arbitration agreement by way of an express/implied agreement or an estoppel.
• Advised on the applicable jurisdiction and governing law in claims for general average (under a general average bond, guarantee and bill of lading).
• Successfully resisted (as sole counsel) a jurisdiction challenge in the County Court in a claim arising out of a contract to repair classic cars. The hearing raised issues as to the application of the consumer provisions under the Brussels Recast Regulation.
• Advised on jurisdiction (under the Brussels Recast and Collision Jurisdiction Regulation) in a multi-million-euro claim arising out of a collision between a passenger vessel and a cruise ship on the Danube river in Romania.
• Instructed to draft a reply addressing the jurisdiction of the English Court to hear a direct-action claim (arising out of an accident in Spain) pursuant to the insurance provisions of the Brussels Recast Regulation.
• Assisted with giving advice on jurisdiction under the Brussels and common law regimes in a professional negligence claim against multiple potential defendants.
• Conducted research into the English private international law rules on the proper law governing the payment of interest (as a pupil).
• Assisted with giving advice on jurisdiction and choice of law under the EU regulations in a subrogated claim by marine hull insurers (as a pupil).

Rebecca has appeared as junior counsel in several very high value LCIA arbitrations, as well as being instructed in various LMAA, ARIAS and Ad Hoc matters. She also has experience of applications to the Commercial Court under s.67 and s.69 Arbitration Act 1996. Highlights include:

• Acted (as sole counsel) for the successful defendant in a Commercial Court challenge to an arbitration award on jurisdiction under s.67 Arbitration Act, concerning whether the Claimant was a party to the contract containing the arbitration agreement(Emirates Shipping Line v Gold Star Line [2023] EWHC 880 (Comm)).
• Acting (led by Dominic Kendrick KC) for the reinsurer in a s.69 Arbitration Act appeal to the Commercial Court concerning aggregation for Covid-19 losses under a Catastrophe Excess of Loss Reinsurance policy.
• Acting as sole junior in two high value reinsurance arbitrations concerning coverage and aggregation of Covid-19 losses (led by Michael Holmes KC and by David Edwards KC respectively).
• Acting (led by Robert Bright KC) in an LCIA arbitration concerning the alleged defective supply of coal under an FOB sales contract.
• Appeared (led by Sioban Healy KC and Anna Gotts) for the respondents in a multi-million-pound trade credit insurance arbitration under the LCIA rules.
• Appeared (led by Gavin Kealey KC and Simon Goldstone) for the successful respondents in a 60-million-pound contractors’ all risks LCIA arbitration concerning defective construction work at a major deep-water port.
• Instructed (led by Rebecca Sabben-Clare KC) on behalf of owners in an LMAA arbitration arising out of the breakdown and towage of a vessel, raising issues of the construction of various charter party clauses.
• Advised and drafted pleadings as sole counsel in a broad range of LMAA matters, include in a charterparty dispute raising Iranian sanctions issues and a dispute concerning late redelivery.
• Drafted (as sole counsel) an application to dismiss a claim for inordinate delay under s.41(3) Arbitration Act 1996.
• Drafted an application concerning the scope of disclosure in a 2.5-million-dollar ad hoc arbitration arising out of a collateral management agreement.
• Instructed to assist in a liability insurance arbitration concerning coverage for mass tort claims arising out of the use of medical equipment.

Rebecca has acted in a wide range of disputes concerning shipping and commodities, including disputes under charter parties, bills of lading and overseas sales contracts. Highlights include:

• Advised on the applicable jurisdiction and governing in law in claims for general average (under a general average bond, guarantee and bill of lading).
• Acting in a dispute concerning an alleged fraudulent amendment to the freight terms of a voyage charterparty.
• Acting as sole counsel in a USD1.5 million arbitration concerning liabilities for demurrage and additional war risks premium.
• Instructed (led by Robert Bright KC) in an LCIA arbitration concerning the alleged defective supply of coal under an FOB sales contract.
• Acted (as sole counsel) for the successful defendant in a claim for alleged breaches of various freight forwarding agreements under the BIFA terms and conditions.
• Instructed (led by Rebecca Sabben-Clare KC) on behalf of Owners in an LMAA arbitration under a time charterparty arising out of the breakdown and towage of a vessel, raising various issues of charterparty construction.
• Acting (as sole counsel) in a collision claim in the Admiralty Court arising out of a collision which occurred when vessels were moored during heavy weather. The dispute has been submitted to early neutral evaluation.
• Instructed to advise (as sole counsel) on time bar and package limitation in a high value cargo damage and short delivery claim where cargo had been transhipped following an explosion.
• Instructed in a dispute under a time charterparty concerning the entitlement to refuse voyage orders as a result of Iranian sanctions risks.
• Instructed in a claim for apportionment of a settlement paid to cargo interests under the Inter-Club Agreement in a sub charter.
• Drafted pleaded and advised in a broad range of other claims under charter parties and bills of lading, including claims for laytime and demurrage, offhire, and late redelivery.
• Instructed (led by Stephen Kenny KC) in a Commercial Court dispute concerning the construction and validity of a settlement agreement arising out of a grounding of a vessel.
• Instructed as junior in a two-million-dollar Admiralty Court claim concerning the quantum of damages payable as a result of a collision.

• Assisted with a dispute involving a claim against insurance brokers in the context of obtaining cover and notifying claims (as a pupil).
• Assisted in a dispute involving negligence claims brought against insurance brokers and solicitors, in the context of a clause providing additional cover in a cargo insurance policy (as a pupil).

• Acted (led by S.J Phillips KC) for the defendants in a multi-million-dollar dispute arising out of an offshore geotechnical contract both at first instance and in the Court of Appeal (Geoquip Marine AG v Tower Resources [2022] EWHC 531 (Comm), [2023] EWCA Civ 304). Rebecca represented the defendants unled at the first CMC against a QC.
• Instructed in a dispute concerning coverage under an offshore construction insurance policy for alleged damage to a subsea gas pipeline.
• Assisted with giving advice in a dispute arising out of a contract for the supply and installation of a biogas plant (as a pupil).
• Assisted in a dispute concerning the construction of an oil rig (as a pupil).