Reported Cases
Measure of damages in contract and causation under exceptions clauses
Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102 The decision of the Court of Appeal in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102 (27 June 2019), in which Richard Southern QC and Andrew Pearson represented the successful Appellant, will be important reading for all those concerned with claims […]
June 28, 2019
Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors
Following a fire at its Dunstable premises, Synergy, a company which provided laundry and related services to the NHS, made a claim for both material damage and business interruption losses under its Combined Commercial Policy for the year 30 April 2005 to 29 April 2006, which had been underwritten on behalf of the insurers (the […]
November 10, 2010
Dolphin Tanker Srl -v- Westport Petroleum Inc
[2011] 1 Lloyd’s Rep 550; [2010] EWHC 2617 (Comm) Richard Southern QC and Michael Holmes represented the charterers in this case concerning termination of a long term charter under the terms of an oil majors’ approval clause. The chaterers’ right of termination was successfully established in arbitration and the appeal to the Commercial Court was […]
October 21, 2010
Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors
Richard Southern QC and Sarah Martin acted for the broker, Towergate. The claim was successfully defended on all levels and is an important authority on the limitations on the extent of a broker’s duties, as well as the circumstances in which a finding of contributory negligence might be made in an action against an insurance […]
October 19, 2010
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
Glencore Energy UK Ltd -v- Transworld Oil Ltd
[2010] EWHC 141 (Comm) Richard Southern Q.C. and Alexander MacDonald successfully acted for Glencore in claim for damages for non-delivery of oil under a sale contract.
February 3, 2010
Classic Maritime -v- Lion Diversified Holdings
[2010] 1 Lloyd’s Rep 59 Richard Southern Q.C. led Richard Sarll 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. Practice — Summary judgment — Contract of Affreightment containing arbitration agreement — Parent company guaranteeing charterers’ obligations […]
May 21, 2009
“Aktor” PT Berlian Laju Tanker -v- Nuse Shipping
[2008] 2 Lloyd’s Rep 246 Richard Southern Q.C acted for the buyers of the vessel “Aktor” in an MOA dispute Sale of ship – Norwegian Sale Form – Payment of purchase price – Sellers nominating bank in Singapore for payment of 10 per cent deposit and nominating bank in Greece for payment of balance – […]
June 16, 2008
Ramco -v- Weller Russell & Laws
[2009] Lloyd’s Rep IR 27 Richard Southern Q.C. was Counsel for the claimant, a bailee of goods, against its insurance broker; the claim was pursued to a successful judgment. Insurance broker – Policy placed for bailee – Policy covering losses only where bailee faced liability for goods – Whether brokers in breach of duty – […]
June 13, 2008
ABB Brown Boveri -v- Hiscox Dedicated
[2007] EWHC 1150 (Comm) Richard Southern Q.C. leading Charles Holroyd; and Robert Bright Q.C were involved in a claim against insurers and brokers on a programme of contract frustration indemnity insurance.
May 16, 2007
English And American Insurance Co Ltd –v- Axa Re SA
[2007] Lloyd’s Rep IR 359 Richard Southern Q.C. and Stephen Phillips – Reinsurance – Reinsured entering into agreement with assured to pay proportion of claims – Agreement based on terms of market agreement not involving the reinsured – Without prejudice privilege – Whether offers by reinsurers to settle were admissible in evidence – Whether settlement […]
December 20, 2006
Glencore International AG v Alpina Insurance Co. Ltd. & Others
[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]
February 19, 2004
Glencore International AG -v- Alpina Insurance Co. Ltd. & Others
[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]
January 23, 2004
Glencore International -v- Exter Shipping Ltd
[2002] 2 All ER (Comm) 1 Richard Southern acted in the Court of Appeal; shipping, misdelivery of oil cargoes, jurisdiction of English court to order anti-suit injunction restraining proceedings in Georgia
April 18, 2002
Lincoln National Life Insurance Co -v- Employers Reinsurance Corp
[2002] Lloyd’s Rep IR 853; [2002] Lloyd’s Rep IR 881 Richard Southern – Reinsurance, personal accident carve out cover, jurisdiction Reinsurance – Conflict of laws – Negative declaratory relief – Forum non conveniens – Whether English law was applicable law – Whether agreement to go to arbitration
February 5, 2002
Aneco Reinsurance Underwriting Ltd -v- Johnson & Higgins
[2000] Lloyd’s Rep IR 12; [2000] Lloyd’s Rep PN 1; [2000] 1 All ER (Comm) 129 Jonathan Gaisman Q.C. and Richard Southern – House of Lords – professional negligence, insurance broking, quantification of damages Reinsurance – Insurance brokers – Non-disclosure and misrepresentations – Brokers placed plaintiffs’ excess of loss reinsurance contracts with underwriters – Arbitrators […]
October 18, 2001
Glencore International -v- Metro Trading International
[2001] 1 Lloyd’s Rep. 284; [2001] 1 All ER (Comm) 103 Alistair Schaff Q.C. and Richard Southern; and Stephen Hofmeyr Q.C. – Conflict of laws, application of lex situs to property in moveable goods, proprietary effect of bailee blending stored oil). Conflict of laws – Title – System of law – Defendants engaged in buying, […]
October 12, 2000
Caltex Trading Pte. Ltd. –v- Metro Trading International Inc. And Others And Glencore International A.G. And Others (Third Parties) And Sea Victory Shipping Corporation, Procopiou And Baker Services Inc. (Fourth Parties)
[2000] 1 All ER (Comm) 108;[1999] 2 Lloyd’s Rep. 724 Alistair Schaff Q.C. and Richard Southern – Practice – Jurisdiction – Submission to jurisdiction – Receivership order made in respect of company engaged in business of storing, blending and trading in oil – Claims made against fourth parties – Fourth parties served summons for inspection […]
September 17, 1999
Glencore -v- Metro and Itochu Petroleum C. (S) Pte Ltd. & Banque Trad-Credit Lyonnais
[1999] 2 Lloyd’s Rep 632 Dominic Kendrick Q.C. and David Allen and Richard Southern acted in this matter – Contracts for sale of cargo of oil contained exclusive English jurisdiction clause – Plaintiffs claimed against defendants in conversion – Bank brought proceedings in Paris to recover proceeds of sale – Third party proceedings brought in […]
July 30, 1999
Glencore International A.G. –v- Metro Trading International Inc. ; Itochu Petroleum Co. (S) Pte. Ltd. and Singapore Petroleum Co. and Banque Trad-Crédit Lyonnais (France) S.A. (Third Party)
[1999] 2 Lloyd’s Rep. 632; [1999] 2 All ER (Comm) 899 Dominic Kendrick Q.C. led David Allen; and Richard Southern acted in this matter involving Civil Jurisdiction and Judgments Act 1982, Schedule Articles 17, 21 and 22, whether English or French Court first seized, whether French Bank bound by exclusive jurisdiction clause, whether English proceedings […]
July 30, 1999
Lloyd -v- Popely
[2000] 1 BCLC 19 Richard Southern acted in this fraud dispute between promoters over ownership of shares in Hever golf club, and legality of sale agreement under Financial Services Act. Companies – Shares – Transfer Of Shares – Shares Improperly Transferred – Damages
April 13, 1999
Baltic Insurance Group -v- Jordan Grand Prix Ltd And Others; Baltic Insurance Group -v- Quay Financial Software And Others
[1999] Lloyd’s Rep IR 93; [1999] 2 AC 127; [1999] 1 All ER 289; [1999] 2 WLR 134; [1998] 1 WLR 1049; [1998] 3 All ER 418 Richard Southern – Contingency insurance – Brussels Convention 1968, Section 3 – Action by assured on policy – Counterclaim by insurers for fraud and avoidance of policy – […]
December 16, 1998
Commercial Union Assurance Co Plc And Ors -v- Simat Helliesen & Eichner Inc Reed Elsevier Inc
[2001] Lloyd’s Rep IR 172 Richard Southern – Insurance (liability) – Conflict of laws – Anti-suit injunction – Applicable law – Whether pursuit of foreign proceedings vexatious or oppressive.
October 28, 1998
Bouygues Offshore S.A. -v- Caspian Shipping Co. And Others (Nos. 1, 3, 4 And 5)
[1998] 2 Lloyd’s Rep. 461; [1997] 2 Lloyd’s Rep. 493; [1997] 2 Lloyd’s Rep. 533 Richard Southern – Towage – Jurisdiction clause – Construction – Contract for towage of barge – Disputes to be referred to the High Court in London – Barge grounded after towline parted – Barge-owners brought action in South Africa – […]
July 24, 1998
Dubai Aluminium Co Ltd -v-Salaam And Others And Livingston And Others (Third Parties)
[1999] 1 Lloyd’s Rep 415 Richard Southern acted in this Commercial fraud matter, dishonest receipt, claims for contribution between defendants. Contract – Commission – Breach of fiduciary duty – Contribution proceedings – Consultancy agreement between plaintiffs and second third party – Plaintiffs sought to recover payments disbursed in commission and other like payments under agreement […]
July 17, 1998
Vosnoc Ltd -v- Trans Global Projects Ltd
[1998] 1 Lloyd’s Rep. 711; [1998] 1 WLR 101; [1998] 2 All ER 990 Richard Southern and Simon Picken were involved in this case concerning issues as to when arbitration is commenced. The first case and one of the few cases in which an extension of time under Section 12 of the Arbitration Act 1996 […]
July 23, 1997
Global Container Lines Ltd. -v- Bonyad Shipping Co.
[1998] 1 Lloyd’s Rep. 528 Richard Southern – Contract – Joint venture agreement – Construction – Joint venture to cover Atlantic, Far East liners service and worldwide tramp/bulk service – True geographical scope of joint venture – Whether plaintiffs entitled to compete with joint venture – Whether terms on which vessels and cargoes transferred between […]
July 15, 1997
“North Sea” Georgian Maritime Corporation V. Sealand Industries (Bermuda) Ltd.
[1997] 2 Lloyd’s Rep. 324; [1997] 1 WLR 528 Richard Southern – Charter-party (Time) – Cancellation – Non-delivery – Vessel chartered for one time charter trip – Charterers failed to identify where delivery was to take place – Vessel not delivered by cancelling date – Whether charterers entitled to cancel charter – Whether failure to […]
April 18, 1997
“Maule”
[1997] 1 W.L.R. 528 Richard Southern acted for the defendant in the Privy Council; banking, ship mortgage, mortgagee’s bank’s power of sale Admiralty – Mortgage – Mortgagee’s power of sale – Loan secured by mortgage of ship – Non-financial default by mortgagor – No money due under loan agreement – Mortgagees not accelerating repayment – […]
February 24, 1997
“Eastern Trader” Industrial Maritime Carriers (Bahamas) Inc. -v- Sinoca International Inc.
[1996] 2 Lloyd’s Rep. 585 Richard Southern – Charter-party (Voyage) – Jurisdiction – Injunction – Dispute under charter-party – Whether proceedings commenced by defendant in Algeria in respect of disputes which defendant agreed to arbitrate in London – Whether plaintiff submitted to jurisdiction of Algerian Court – Whether plaintiff entitled to interlocutory injunction restraining defendant […]
June 28, 1996
“Niizuru” Hyundai Merchant Marine Co. Ltd. -v- Karander Maritime Inc.
[1996] 2 Lloyd’s Rep. 66 Richard Southern – Charter-party (Time) – Laycan narrowing provision – Condition precedent – Owners gave charterers 10 days notice of vessel’s delivery instead of 25 days – Whether laycan narrowing provision a condition precedent – Whether charterers could recover hire payable in respect of the 25 days notice they should […]
January 24, 1996
“Toledo”
[1995] 1 Lloyd’s Rep. 40 Richard Southern and Andrew Wales – Unseaworthiness – Due diligence – Carriage by sea – Failure of shell plating on port side of No. 4 hold – Total loss of cargo – Whether vessel unseaworthy – Whether unseaworthiness caused by want of due diligence.
October 12, 1994
“New Vanguard” Aectra Refining And Marketing Inc. -v- Exmar N.V.
[1995] 1 Lloyd’s Rep. 191; [1995] 1 All ER 641; [1994] 1 WLR 1634 Richard Southern – Charter-party (Time) – Off-hire – Set-off – Practice – Claims for deduction of hire and bunkers – Whether liquidated sums – Whether claims capable of being set-off at common law. Arbitration – Set-off – Off-hire claims – Dispute […]
July 22, 1994
“Foresight Driller II” Zeeland Navigation Co. Ltd. And Others -v- Banque Worms
[1995] 1 Lloyd’s Rep. 251 Richard Southern – Banking – Sale of ship – Notice requiring sale – Undertaking in loan agreement that if vessel had not secured employment bank could require vessel to be sold – Whether notice requiring sale served within reasonable time – Whether implied limitation on time within which bank entitled […]
June 15, 1994
“Ira” Forestships International Ltd. -v- Armonia Shipping And Finance Corporation
[1995] 1 Lloyd’s Rep. 103 Richard Southern – Charter-party (Time) – Time lost – Net loss of time clause – Vessel drydocked at Pireaus after discharging at Ravenna – Vessel ordered to Novorossiysk – Whether time lost by drydocking from dropping of outward pilot at Ravenna – Whether voyage to Piraeus en route to Novorossiysk […]
May 13, 1994
“Faith” International Petroleum Refining & Supply Sdad Ltd. -v- Elpis Finance S.A.
[1993] 2 Lloyd’s Rep. 408 Richard Southern – Arbitration – Award – Limitation of time – Charter-party dispute – Delay in taking up award – Charterers alleged technical misconduct by arbitrators – Whether application for extension of time for leave to appeal should be granted.
May 17, 1993
“Filiatra Legacy” Anonima Petroli Italiana S.P.A. And Neste Oy -v- Marlucidez Armadora S.A.
[1991] 2 Lloyd’s Rep. 337; [1990] 1 Lloyd’s Rep. 354 Richard Southern – Bill of lading – Short delivery – Title to sue – Sale of cargo of oil on c.i.f. terms by second plaintiffs to first plaintiffs – First plaintiffs alleged short delivery -Whether first plaintiffs had title to sue – Whether missing oil […]
March 26, 1991
Prudential Assurance Co. Ltd. -v- Fountain Page Ltd
[1991] 1 WLR 756; [1991] 3 All ER 878 Richard Southern – Practice – Witness statements – Exchange before trial – Witness statements and expert’s report directed to be served by plaintiffs on defendants – Action settled – Whether any restriction upon subsequent use of statements or report in relation to other proceedings
November 15, 1990
“Rewia”
[1991] 1 Lloyd’s Rep 69; [1991] 2 Lloyd’s Rep 325 C.A Timothy Saloman and Jonathan Gaisman and Christopher Butcher and Richard Southern were involved in a matter where Plaintiffs claimed damages for short delivery – Whether carrier a proper or necessary party to action – Whether carrier domiciled and principle place of business in Germany […]
July 13, 1990
“Mathraki” Vitol S.A. -v- Phibro Energy A.G.
[1990] 2 Lloyd’s Rep. 84 Richard Southern – Sale of goods (c.i.f.) – Notice of nomination – Rejection – Whether notice of nomination given in time – Whether notice of nomination giving less than 3 days e.t.a. valid – Whether notice of nomination should identify load port and state that vessel complied with draft restrictions […]
October 26, 1989
