Richard Southern QC

Banking and Finance is part of many international trade disputes.  Richard is familiar with letter of credit issues, ship financing arrangements and mortgages, pre-finance arrangements and the like.

Selected cases:

• 2015: Advised lenders in connection with defaults under two bareboat charters of the semisubmersible drilling platforms
• Advised Manufacturing company in connection with losses under a fake president fraud.
• Macquarie v Glencore [2009] EWHC 2267 (Comm) and [2010] EWCA Civ 697. Counsel for Glencore as 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, and whether the Accounts were “true and fair” or “misleading”; the claim against Glencore was successfully defended both at first instance and in the Court of Appeal.
• Lloyd v Popely [2000] 1 BCLC 19 and CA unrep (Court of Appeal); fraud, dispute between promoters over ownership of shares in Hever golf club, and legality of sale agreement under Financial Services Act.
• The “Maule” [1997] 1 W.L.R. 528 (Privy Council; banking, ship mortgage, mortgagee’s bank’s power of sale).

Richard has acted in several cases for an international oil trader and is familiar with most aspects of oil trading (including hedging), as well as shipment of oil cargoes and the UK gas market.

Selected cases:

• OMV Petrom v Glencore [2015] EWHC 666 (Comm) and [2014] EWHC 242 (Comm).  Counsel for Glencore in substantial fraud claim arising out of delivery of multiple cargoes of crude oil.
• 2015: counsel for the operators or a drillship in an international arbitration against a state oil company.
• 2013: Counsel in a multi-million dollar contractual dispute concerning export of alumina from Jamaica.
• Macquarie v Glencore [2009] EWHC 2267 (Comm) and [2010] EWCA Civ 697. Counsel for Glencore as 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 against Glencore was successfully defended both at first instance and in the Court of Appeal.
• Glencore Energy v Transworld Oil [2010] EWHC 141 (Comm). Counsel for Glencore in an oil trading dispute arising out of the repudiation of an FOB contract for the sale of West African crude oil; the claim was pursued to a successful judgment handed down by Blair J.
• 2010: Counsel for an international oil trader in an arbitration concerning the delivery of multiple cargoes of crude oil.
• 2009: Counsel for the buyers in a breach of warranty claim arising out of the sale of a Russian oil company; the claim was successfully pursued to an award in the London Court of International Arbitration in 2009.
• 2008: Counsel for an international oil trader in an arbitration claim arising out of crude oil swaps contracts.
• Glencore International v Metro Trading [2001] 1 Lloyd’s Rep 284 (Conflict of laws, application of lex situs to property in moveable goods, proprietary effect of bailee blending stored oil).

Richard has represented parties in a wide variety of commercial claims, with particular emphasis over the years on commercial fraud, oil related disputes, and mergers and acquisitions disputes.

Selected cases:

• OMV Petrom v Glencore [2017] EWCA Civ 195 [2015] EWHC 666 (Comm) and [2014] EWHC 242 (Comm).  Counsel for Glencore in substantial fraud claim arising out of delivery of multiple cargoes of crude oil.
• Ipartner Pte Shipping v Panacore Resources [2014] EWHC 3608 (Comm)  Counsel for the applicants in committal proceedings
• Dolphin Tanker Srl v Westport Petroleum Inc [2010] EWHC 2617 (Comm).  Counsel for Charterers in a dispute arising out of an “oil majors” clause in a time charterparty.
• Synergy Health (UK) Ltd v CGU Insurance [2010] EWHC 2583 (Comm) Counsel for defendant insurance brokers in a large fire claim.
• Macquarie v Glencore [2009] EWHC 2267 (Comm) and [2010] EWCA Civ 697. Counsel for Glencore as 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 against Glencore was successfully defended both at first instance and in the Court of Appeal.
• Glencore Energy v Transworld Oil [2010] EWHC 141 (Comm). Counsel for Glencore in an oil trading dispute arising out of the repudiation of an FOB contract for the sale of West African crude oil; the claim was pursued to a successful judgment handed down by Blair J.
• 2010: Counsel for an international oil trader in an arbitration concerning the delivery of multiple cargoes of crude oil.
• 2009: Counsel for the buyers in a breach of warranty claim arising out of the sale of a Russian oil company; the claim was successfully pursued to an award in the London Court of International Arbitration in 2009.
• 2008: Counsel for an international oil trader in an arbitration claim arising out of crude oil swaps contracts.
• Lloyd v Popely [2000] 1 BCLC 19 and CA unrep (Court of Appeal); fraud, dispute between promoters over ownership of shares in Hever golf club, and legality of sale agreement under Financial Services Act.
• Dubai Aluminium Co Ltd v Salaam [1999] 1 Lloyd’s Rep 415 (Commercial fraud, dishonest receipt, claims for contribution between defendants.

Selected cases:

• Glencore International v Exter Shipping Ltd [2002] EWCA Civ 524 (Court of Appeal; shipping, misdelivery of oil cargoes, jurisdiction of English court to order anti-suit injunction restraining proceedings in Georgia).

Richard is currently involved in a claim several (unrelated) fire claims, for the insured and for the insurers, a large material damage and business interruption claim involving a blast furnace, and a number of disputes between insureds and their Errors and Omissions insurers.

Selected cases:

• Synergy Healthcare (UK) Ltd v CGU and others.  [2010] EWHC 2583 (Comm) Appeared as leading counsel for the Fifth Defendant broker, against whom the Claimant sought damages for breach of duty if its primary claim for an indemnity under a MD/BI insurance policy – which the defendant insurers had sought to avoid on the grounds of non-disclosure and misrepresentation – failed.
• EAIC v Axa [2007] Lloyd’s Rep IR 359 and [2007] EWCA Civ 1178. Counsel for the claimant reinsured in a successful summary judgment application.
• ABB Brown Boveri v Hiscox Dedicated [2007] EWHC 1150 (Comm). Counsel for the claimant in a claim against insurers and brokers on a programme of contract frustration indemnity insurance.
• Aneco Reinsurance Underwriting Ltd v Johnson & Higgins [2002] 1 Lloyd’s Rep 157 (House of Lords – professional negligence, insurance broking, quantification of damages)
• Lincoln National Life Insurance Co v Employers Reinsurance Corp [2002] Lloyds’s Rep I&R 852 (Reinsurance, personal accident carve out cover, jurisdiction).
• Glencore International v Exter Shipping Ltd [2002] EWCA Civ 524 (Court of Appeal; shipping, misdelivery of oil cargoes, jurisdiction of English court to order anti-suit injunction restraining proceedings in Georgia).
• Glencore International v Metro Trading [2001] 1 Lloyd’s Rep 284 (Conflict of laws, application of lex situs to property in moveable goods, proprietary effect of bailee blending stored oil)
• Lloyd v Popely [2000] 1 BCLC 19 and CA unrep (Court of Appeal); fraud, dispute between promoters over ownership of shares in Hever golf club, and legality of sale agreement under Financial Services Act.

About half of Richard’s practice involves confidential arbitrations, some before LMAA or GAFTA arbitrators, others in the LCIA or on UNCITRAL terms, and many on the basis of ad hoc agreements. All are confidential. Richard also accepts appointments as arbitrator.

Selected cases:

• 2015: Counsel for the operators or a drillship in an international UNCITRAL arbitration against a state oil company.
• 2015: counsel for the Sub-Buyers or a newbuilding bulk carrier in an expedited dispute over hatch covers.
• 2014: counsel for the owners in a series of arbitrations to recover claims for non-performance of contracts of affreightment.
• 2013: Counsel for Owners in a dispute concerning the condition on redelivery of a vessel after a long bareboat charter
• 2013: Counsel in a multi-million dollar contractual dispute concerning export of alumina from Jamaica
• 2010: Counsel for the Charterers in an expedited arbitration concerning tanker vetting and oil major approvals.
• 2010: Counsel for the sub charterers in an arbitration claim over the exercise of a lien on sub hires.
• 2010: Counsel for an international oil trader in an arbitration concerning the delivery of multiple cargoes of crude oil.
• 2009: Counsel for the Owners of a ballastable barge in a bareboat charterparty arbitration.
• 2009: Counsel for the buyers in a breach of warranty claim arising out of the sale of a Russian oil company; the claim was successfully pursued to an award in the London Court of International Arbitration in 2009.
• 2008: Counsel for an international oil trader in an arbitration claim arising out of crude oil swaps contracts.

Jurisdiction and Conflicts of Laws have been one of Richard’s particular specialities over the years, although in recent years few of the disputes in which he has been involved have fought to a conclusion on jurisdiction or conflicts issues specifically.

Selected cases:

• 2009: obtained anti suit injunction in the Commercial Court to restrain prosecution of proceedings in India brought in breach of a London arbitration clause where the Indian Court had issued an injunction restraining the arbitrator personally from arbitrating the dispute.

• Lincoln National Life Insurance Co v Employers Reinsurance Corp [2002] Lloyds’s Rep I&R 852 (Reinsurance, personal accident carve out cover, jurisdiction).
• Glencore International v Exter Shipping Ltd EWCA Civ 524 (Court of Appeal; shipping, misdelivery of oil cargoes, jurisdiction of English court to order anti-suit injunction restraining proceedings in Georgia).
• Glencore International v Metro Trading [2001] 1 Lloyd’s Rep 284 (Conflict of laws, application of lex situs to property in moveable goods, proprietary effect of bailee blending stored oil).
• Jordan Grand Prix Ltd v. Baltic Insurance Group and Others [1998] 1 WLR 1049 and [1999] 2 AC 127; This was Richard’s first case in the House of Lords without a leader.  The case concerned Article 11 of the Brussels Convention (as it then was).

Richard is currently involved in several brokers’ negligence actions as well as claims against a firm of solicitors arising out of conveyancing transactions, and both architects’ and surveyors’ negligence claims.   In 2010 Richard has represented an insurance broker, and the insurers of a structural engineering firm in mediations, both of which have resulted in settlement agreements.

Selected cases:

• 2015: Counsel for insurance brokers in a claim arising out a fire at a waste recycling plant.
• 2014: Counsel for placing brokers in a contribution claim by the producing broker.
• 2012: Instructed by the Bar Mutual in a claim against a commercial barrister.
• 2012: Advised the owners of a damaged pier in connection with claims against various professionals.
• 2011: Counsel for a bank in a claim against the employers of a corrupt surveyor.
• Synergy Healthcare (UK) Ltd v CGU and others. [2010] EWHC 2583 (Comm) Appeared as leading counsel for the Fifth Defendant broker, against whom the Claimant sought damages for breach of duty if its primary claim for an indemnity under a MD/BI insurance policy – which the defendant insurers had sought to avoid on the grounds of non-disclosure and misrepresentation – failed.
• Ramco v Weller Russell & Laws [2009] Lloyd’s Rep IR 27.  Counsel for the claimant, a bailee of goods, against its insurance broker; the claim was pursued to a successful judgment.
• Counsel for Glencore in a claim against insurance brokers JLT in connection with the Metro litigation.
• Aneco Reinsurance Underwriting Ltd v Johnson & Higgins [2002] 1 Lloyd’s Rep 157 (House of Lords – professional negligence, insurance broking, quantification of damages).

Richard has recently represented an Owner in a string of COA related disputes and a Charterer in a different string of COA related disputes.  Other recent cases involve a substantial dispute over the condition of a vessel after a long bareboat charter, a dispute concerning a coal handling contract, numerous time charter and voyage charter disputes

Selected cases:

• 2015: counsel for the Sub-Buyers or a newbuilding bulk carrier in a dispute over hatch covers.
• 2015: counsel for the Owners in a claim for non-performance of a COA.
• Ipartner Pte Shipping v Panacore Resources [2014] EWHC 3608 (Comm)  Counsel for the applicants in committal proceedings.
• 2013: counsel for Owners in a dispute concerning the condition on redelivery of a vessel after a long bareboat charter.
• Dolphin Tanker Srl v Westport Petroleum Inc [2010] EWHC 2617 (Comm).  Counsel for Charterers in a dispute arising out of an “oil majors” clause in a time charterparty.
• 2010: Counsel for the sub charterers in an arbitration claim over the exercise of a lien on sub hires.
• Classic Maritime v Lion Diversified Holdings [2010] 1 Lloyd’s Rep 59. Counsel for Classic Maritime in a claim under a contract of affreightment which was alleged to have been frustrated by reason of the worldwide downturn in international trade.
• “Aktor” – PT Berlian Laju Tanker v Nuse Shipping [2008] 2 Lloyd’s Rep 246. – Counsel for the buyers of the vessel in an MOA dispute.
• “Torm Gertrud” in collision with the “New Flame” which sank off Gibraltar. Counsel for the Owners of the “Torm Gertrud”.
• Glencore International v Exter Shipping Ltd EWCA Civ 524 (Court of Appeal; shipping, misdelivery of oil cargoes, jurisdiction of English court to order anti-suit injunction restraining proceedings in Georgia).