Court of Appeal restores €27m worldwide freezing order
Lakatamia Shipping Co Ltd v Morimoto  EWCA Civ 2203 The Court of Appeal has unanimously allowed an appeal by Lakatamia Shipping Co Ltd for which SJ Phillips QC, NG Casey and James Goudkamp appeared. Following a trial in the Commercial Court in 2014, Lakatamia had judgment entered in its favour against Mr Nobu Su, […]
December 14, 2019
Lakatamia v Nobu Su
The High Court has handed down judgment in a long-running dispute arising out of a contract to enter into a series of forward freight agreements. SJ Phillips QC, NG Casey and Clara Benn acted for the successful claimants. Cooke J found that there was an overarching personal contract between the owner of the TMT Group, […]
November 5, 2014
“Pro Victor” SK Shipping (S) Pte Ltd -v- Petroexport Ltd
 2 Lloyd’s Rep. 158 Stephen Phillips QC and Richard Sarll – Charterparty (Voyage) — Anticipatory breach — Renunciation — Intention not to perform — Whether communications and conduct not individually amounting to a renunciation could cumulatively constitute a renunciation — Whether claimant’s subjective state of mind relevant — Impossibility — Asbatankvoy.
November 24, 2009
Sinco -v- Lloyd’s Syndicate 980 and others
Court of Appeal — appeal from  EWHC 1842 (Comm) S.J. Phillips and Benjamin Parker – lis alibi pendens and Articles 27, 28, and 30 of the Judgments Regulation—effect of damages claim for breach of jurisdiction clause.
March 9, 2009
Lloyd’s Syndicate 980 -v- Sinco SA
 1 Lloyd’s Rep I.R. 365. S. J. Phillips and Richard Sarll acted as counsel for Lloyd’s underwriters in a claim against a foreign coverholder for allegedly fraudulent accounting in the writing of motor insurance under a series of binding authorities. The defence was struck out.
July 29, 2008
Underwriting Members of Lloyd’s Syndicate 980 and others -v- Sinco SA
 1 All ER (Comm) 272 Stephen Phillips – Conflict of laws – Jurisdiction – Challenge to jurisdiction – Civil and commercial matters – Defendant seeking stay of English proceedings in respect of claim that it acted in breach of exclusive English jurisdiction clause – Whether cause and object of English jurisdiction clause claim same […]
July 29, 2008
ED & F Man Sugar Ltd -v- Lendoudis
 1 All ER (Comm) 359;  1 All ER 952;  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
English And American Insurance Co Ltd –v- Axa Re SA
 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
Harper Versicherungs AG -v- Indemnity Marine Assurance Co Ltd
 2 Lloyd’s Rep. 263 Stephen Phillips – Arbitration – Jurisdiction – Business of insurance companies transferred to third party – Disputes arising under reinsurance agreement – Arbitration proceedings against reinsurers commenced in name of insurance companies rather than that of third party – Whether proceedings a nullity.
June 23, 2006
Prifti -v- Musini Sociedad Anonima De Seguros Y Reaseguros (No 2)
 Lloyd’s Rep IR 221,  Lloyd’s Rep IR 528 Stephen Phillips acted – Reinsurance Stay Of Proceedings Amendment Application Case Management. Conflict Of Laws Jurisdiction Reinsurance Council Regulation (EC) 44/2001 Reinsurance – Conflict of laws – Stay of proceedings – Proceedings brought in Spain by assured against insurers – Proceedings brought in England by […]
May 6, 2005
Bayview Motors -v- Mitsui Marine & Fire Insurance Co. Ltd.
 1 Lloyd’s Rep. 652,  1 All ER (Comm) 967 Stephen Phillips acted in this Marine Insurance Peril of Seizure Total Loss Proper Construction and Scope of Institute Cargo Clauses Marine insurance – Perils insured against – Seizure – Total loss – Customs officials wrongfully taking vehicles –Whether quayside ‘final place of storage’ of […]
January 23, 2002
David Wilson Homes -v- Survey Services Ltd (in liquidation)
 1 All ER (Comm) 449,  2 All ER (Comm) 741 Stephen Phillips acted in this Court of Appeal Dispute as to proper meaning of dispute resolution clause Arbitration Third Parties (Rights Against Insurers) Act 1930 Arbitration – Agreement – Arbitration clause – Scope – Clause in contract providing for disputes to be referred […]
January 18, 2001
Kuwait Airways Corporation The Minister of Finance of the State of Kuwait -v- Kuwait Insurance Co SAK Warba Insurance Co SAK Al Ahleia Insurance Co SAK Gulf Insurance Co KSC (NO 2)
 Lloyd’s Rep IR 439;  1 Lloyd’s Rep. 803;  1 Lloyd’s Rep 664 Jonathan Gaisman Q.C. led Stephen Phillips – Insurance (aviation) – Loss of fifteen aircraft and spares following invasion of Kuwait by Iraq – Eight aircraft recovered – Whether value of recovered aircraft to be apportioned between insurers and insureds – […]
December 15, 1999
South West Water -v- International Computers Ltd.
 Build LR 421;  Lloyd’s Rep PN 353 Stephen Phillips acted in this Procurement Project matter – Repudiatory Breach – Construction of Agreements – Waiver and Estoppel – Interim Payment Suppliers of computers – Contract to supply computer system and project management services – Delay – Whether repudiatory breach of contract – Misrepresentation – […]
June 29, 1999
Metalfer Corporation -v- Pan Ocean Shipping Co
 2 Lloyd’s Rep. 632 Stephen Phillips acted in this Arbitration Incorporation and proper Construction of Clauses, Limitation of time Arbitration – Limitation of time – Arbitration clause – Fixture agreement between owners and charterers – Claims to be referred to arbitration within 30 days of completion of voyage – Whether arbitration clause part of […]
October 7, 1997
Velos -v- Harbour Insurance
 2 Lloyd’s Rep. 461 Stephen Phillips acted in this Marine Insurance matter – Entitlement of brokers to retain commision following cancellation of the policy Insurance (Marine) – Insurance brokers – Commission – Title to sue – Brokers placed plaintiffs’ insurance with underwriters – 12-month policy cancelled after five months – Brokers retained part of […]
March 21, 1997
“Ocean Enterprise” Glatzer And Warrick Shipping Ltd. –v- Bradston Ltd; Tekem Sea Abyss Ltd. –v- Same
 1 Lloyd’s Rep. 449 Stephen Phillips acted in this sale of ship dispute – Whether sham transaction – Jurisdiction of Admiralty Court – Authority of company directors – Issue estoppel and res judicata – Standard of proof of criminal allegations in civil case. Sale of ship – Validity – Beneficial owner – Sale of […]
January 9, 1997
“Kriti Rex” Fyffes Group Ltd. and Caribbean Gold Ltd. –v- Reefer Express Lines Pty. Ltd. and Reefkrit Shipping Inc.
 2 Lloyd’s Rep. 171 Stephen Phillips acted in this Carriage of goods by sea matter – unseaworthiness – main engine breakdown – Hague-Visby Rules – causation and remoteness of damage Contract of affreightment – Breach – Damages – Contract for carriage of bananas – Vessel suffered engine failure – Failure to tender vessels for […]
May 8, 1996
Jayaar Impex -v- Toaken Group
 2 Lloyd’s Rep. 437 Stephen Phillips acted in this Commodities Arbitration – Validity of award – Whether standard terms and conditions incorporated – Remission for misconduct Sale of goods – Contract – Incorporation – Contract for purchase of Nigerian gum arabic – Sellers form of contract provided “IGPA Spot conditions to apply” – Buyers […]
February 14, 1996
Cox -v- Deeny
 LRLR 288 Jonathan Gaisman and Stephen Phillips acted in this Lloyd’s litigation – apportionment of E&O recoveries – Pro-Rotation and Top Down Reinsurance – Lloyd’s litigation – Errors and Omissions – Indemnity – Distribution of policy moneys – Issues as to reinstatement, gap in level of cover and apportionment.
August 21, 1995
Cox v Bankside Members Agency Ltd.
 2 Lloyd’s Rep. 437;  CLC 180 Jonathan Gaisman QC, Adam Fenton, Stephen Phillips and Sioban Healy acted in this Lloyd’s litigation – apportionment of E&O recoveries – Pro-Rotation and Top Down
March 19, 1994