Sandra Healy

Sandra appears in court on a regular basis both conducting trials and handling interlocutory matters in a wide variety of general commercial disputes.  Cases of interest include:

• Axis Corporate Capital UK II Limited and Others v Absa Group Limited and Others [2021] EWHC 861 (Comm) [2021] EWHC 225 (Comm): Sandra acted with Peter MacDonald Eggers QC for reinsurers and obtained an urgent interim anti-suit injunction for excess reinsurances.
• Munich Re Capital Ltd v Ascot Corporate Name Ltd [2019] EWHC 2768 (Comm): Sandra successfully acted with Jawdat Khurshid QC for reinsurers in this first reported decision on the WELCAR form which raised an issue of construction regarding the scope of cover during the maintenance period.
• Acting with Robert Bright QC in Commercial Court proceedings concerning the sale of high sulphur fuel oil.  Technical issues regarding the quality of the fuel and issues of contractual construction regarding the question of whether quality test results are binding.
• Petrologic Capital SA v Banque Cantonale de Geneve [2012] EWHC 453 (Comm): Jurisdiction challenge application concerning the effect of jurisdiction clauses in a stand-by letter of credit.
• Acted in proceedings in the Chancery Division concerning a settlement agreement relating to disputes about ownership of metal trading companies and a related dispute about the repayment of a loan.
• Acted in proceedings in the Chancery Division concerning disputed brokers commission relating to gas and electricity supply contracts.
• Acted in multiple High Court (Commercial Court and Chancery Division) proceedings arising out of a large-scale fraud in relation to the sale and purchase of classic cars.
• Acted with Steven Gee QC in an appeal against an order for committal arising out of a dispute between an individual and a large multinational FX trader.

Sandra has represented commodities traders from a number of different jurisdictions including the UK, US and Switzerland in cases involving a variety of commodities including oil, coal, mineral ore and grain. Recent work includes:

• Septo Trading Inc. v Tintrade Ltd [2020] EWHC 1795 (Comm): Sandra acted with Robert Bright QC and Sarah Martin for buyers of a cargo of fuel oil in a dispute that raised issues about the effect of a certificate of quality issued at the loadport.
• Glencore Energy UK Limited v Cirrus Oil Services Limited [2014] 1 All E.R. (Comm) 513: Acted with Robert Bright QC in a Commercial Court trial involving issues about contract formation, the identity of the contracting parties, and the assessment of market value of a crude oil from a young Nigerian oilfield.
• Petrologic Capital SA v Banque Cantonale de Geneve [2012] EWHC 453 (Comm): Jurisdiction challenge application concerning the effect of jurisdiction clauses in a stand-by letter of credit.
• Sandra has advised on a variety of issues arising in relation to the sale of commodities under standard form contracts including non-delivery, breach of warranty, late delivery, and extension/storage charges.

In recent years Sandra has undertaken a significant amount of energy work. She has experience of both onshore and offshore projects and is quickly able to grasp the political, technical and economic factors that can underpin disputes in this sector. Recent work includes:

• Oil and Gas: Acted with Jonathan Gaisman QC, David Allen QC and James Brocklebank in a major international arbitration concerning oil and gas exploration and development rights in Kurdistan. The case involved legal issues about loss of a chance, causation, remoteness, and valuation of loss. The evidence covered a very wide range of technical, political and economic areas spanning the upstream, midstream and downstream sectors.
• Septo Trading Inc. v Tintrade Ltd [2020] EWHC 1795 (Comm): Sandra acted with Robert Bright QC and Sarah Martin for buyers of a cargo of fuel oil in a dispute that raised issues about the effect of a certificate of quality issued at the loadport.
• Acting in multiple proceedings raising issues regarding fuel oil quality. Sandra is familiar with the technical aspects of these cases and the issues of contractual construction that frequently arise in context of sale and charterparty contracts.
• Acted with Rebecca Sabben-Clare QC in a claim concerning the disruption of operations at a LNG liquefaction plant.
• Electricity supply contract: Acted in proceedings in the Chancery Division concerning disputed brokers commission relating to gas and electricity supply contracts.
• Offshore energy: Munich Re Capital Ltd v Ascot Corporate Name Ltd [2019] EWHC 2768 (Comm): Sandra successfully acted with Jawdat Khurshid QC in this first reported decision on the WELCAR form. Issue of construction regarding the scope of cover during the maintenance period relating to the construction of the extended tension-leg platform Big Foot.
• Acted for charterers of a jack up drilling rig in relation to an incident during the performance of works on an offshore wind farm project.
• Acted for owners of a jack up drilling rig in High Court proceedings arising out of contact between the rig and a vessel. Issues relating to quantum and mitigation of loss.
• Oil pollution: Acting in Commercial Court proceedings arising out of the flooding and capsizing of a fishing trawler while moored at Dartmouth Harbour. The incident gave rise to a clean up operation involving oil pollution prevention measures and there are issues as to the oil pollution measures that were necessary under the relevant regulatory framework
• Mining: Advised Global Witness pro bono in relation to the largest private investment project to date in Afghanistan and its first large- scale extractive/mining project. Advised on issues relating to applicable technical standards, economic contract provisions and state immunity.

Sandra has experience of both marine and non-marine risks.  Having spent time working in-house at a leading professional indemnity insurer and at an international group P&I Club she also has a good understanding of the needs and expectations of clients. Recent work includes:

Non-marine insurance and reinsurance

• Business Interruption / political risks: Acted with Rebecca Sabben-Clare QC for the assured in a high value claim (LCIA arbitration) under a trade disruption policy covering political risks.  The claim was for a sum in excess of US$100m and arose following a stoppage in gas supply to a LNG liquefaction plant. The case raised coverage issues relating to the meaning of “embargo” and as to the measure of loss.
• Construction all risks / offshore energy / reinsurance: Munich Re Capital Ltd v Ascot Corporate Name Ltd [2019] EWHC 2768 (Comm): Sandra successfully acted with Jawdat Khurshid QC for reinsurers in this first reported decision on the WELCAR form which raised an issue of construction regarding the scope of cover during the maintenance period.
• Cyber: Currently advising insurers on a wide range of issues relating to coverage and loss arising as a result of high value claims brought under cyber policies.
• Directors & Officers: Acting with Peter MacDonald Eggers QC for insurers in a claim made on a D&O policy (pursued in ad hoc arbitration proceedings) raising a wide range of issues including as to breach of warranty and late notification.
• Professional indemnity: Axis Corporate Capital UK II Limited and Others v Absa Group Limited and Others[2021] EWHC 861 (Comm) [2021] EWHC 225 (Comm): Sandra acted with Peter MacDonald Eggers QC for reinsurers obtaining an urgent interim anti-suit injunction for excess reinsurances covering professional indemnity risks. The substantive dispute under the policies raises issues relating to notification among others.

Marine insurance and reinsurance

• Wilful misconduct / jurisdiction: Aspen Underwriting Ltd and others v Credit Europe Bank NV and others [2020] UKSC 11: Sandra acted with Peter MacDonald Eggers QC in a claim by hull & machinery insurers to recover insurance proceeds paid to the mortgagee bank. Issues concerning jurisdiction were determined by the Supreme Court. The substantive dispute raises issues as to wilful misconduct.
• Detention: Sandra is currently acting in Commercial Court proceedings with Peter MacDonald Eggers QC in a dispute under a marine insurance policy arising out of a claim in respect of a detention in Indonesia.
• Acting with Rebecca Sabben-Clare QC in LMAA arbitration proceedings concerning detention and loss of hire claims.  Issues as to the effect of a judgment of a foreign court confiscating vessel.
• Acted with Alistair Schaff QC for insurers in Commercial Court proceedings concerning a claim under a hull and machinery policy raising issues about apprehended perils and material non-disclosure.
• Construction all risks / offshore energy / reinsurance: Munich Re Capital Ltd v Ascot Corporate Name Ltd [2019] EWHC 2768 (Comm): Sandra successfully acted with Jawdat Khurshid QC for reinsurers in this first reported decision on the WELCAR form which raised an issue of construction regarding the scope of cover during the maintenance period.
• Credit default insurance: Acted with Robert Bright QC for insurers in multiple Commercial Court proceedings concerning credit default insurance. Issues included construction of policy terms, misrepresentation and non-disclosure.
• Advising in relation to cargo and hull & machinery policies on issues about inherent vice latent defects, due diligence obligations, seaworthiness, double insurance, piracy and the measure of indemnity.

Sandra has experience of advocacy in a variety of forms of arbitration including ICC, LCIA, LMAA, SIAC as well as ad hoc arbitration. Sandra has appeared in arbitration as sole advocate and as part of large legal teams. Sandra is a Supporting Member of the LMAA. Recent work includes:

• Acting with Peter MacDonald Eggers QC in a claim pursued in ad hoc arbitration proceedings raising a wide range of issues arising out of the collapse of Guernsey based investment funds.
• Acted with Jonathan Gaisman QC, David Allen QC and James Brocklebank in a major international arbitration concerning oil and gas exploration and development rights. The case involved legal issues about loss of a chance, causation, remoteness, and valuation of loss. The evidence covered a very wide range of technical, political and economic areas spanning the upstream, midstream and downstream sectors.
• Acted with Rebecca Sabben-Clare QC in LCIA proceedings concerning the disruption of operations at a LNG liquefaction plant.
• Acted with James Drake QC in a series of international arbitrations arising out of the breakdown in the relationship between the Venezuelan state entity responsible for the development, production and sale of Venezuela’s iron ore resources and a private company.  The disputes arose under various agreements relating to the production, sale and transportation of iron ore and iron ore products.
• Acted with Rebecca Sabben-Clare QC for the assured in a claim on a liability policy arising out of the collapse of a hedge fund.
• Acted in an international arbitration between Dutch sellers of a vessel and Indonesian buyers. The dispute concerned an alleged breach of warranty regarding the date that the vessel was built.

Many of Sandra’s cases raise jurisdiction and conflict of laws issues. She has appeared as sole counsel and has been led in a wide variety of interlocutory matters. Recent work includes:

• Axis Corporate Capital UK II Limited and Others v Absa Group Limited and Others [2021] EWHC 861 (Comm) [2021] EWHC 225 (Comm): Sandra acted with Peter MacDonald Eggers QC for reinsurers obtaining an urgent interim anti-suit injunction for excess reinsurances. The issues included issues as to the construction of jurisdiction clauses (exclusive or non-exclusive) and natural forum among others.
• Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11: acting with Peter MacDonald Eggers QC to recover insurance proceeds paid to the mortgagee bank.  Jurisdiction issues, including as to the scope of “matters relating to insurance” under the Brussels Recast Regulation and wider questions about when third parties to a contract will be bound by a jurisdiction clause in a contract, were heard in the Supreme Court in November 2019.
• Arbuthnot Latham & Co Limited v (1) M3 Marine Limited (2) Alan Lubin [2013] EWHC 1019 (Comm): Jurisdiction challenge application concerning Article 30(2) of the Brussels Regulation.
• Petrologic Capital SA v Banque Cantonale de Geneve [2012] EWHC 453 (Comm): Jurisdiction challenge application concerning the effect of jurisdiction clauses in a stand-by letter of credit.
• PJSC Vseukrainskyi Aktsionernyi Bank v Sergey Maksimov and others [2013] EWHC 422 (Comm): Acted for the Chabra defendants in an application to discharge a freezing order.
• Jewel Owner Ltd v Sagaan Developments Trading Ltd [2012] 2 Lloyd’s Rep. 672; [2012] EWHC 2850 (Comm): Application to discharge an anti-suit injunction involving issues about the construction and effect of a non-exclusive jurisdiction clause. Sandra has obtained Vasso orders to inspect property, in support of claims made in court proceedings and in arbitration.

Sandra has been instructed to act in a wide variety of shipping disputes including carriage of goods by sea, shipbuilding, shipsale, ship repair and admiralty disputes. Recent work includes:

• Charterparty disputes and cargo claims: Sandra has acted in a wide variety of charterparty and cargo claim disputes including those involving issues about: laytime and demurrage, non-payment of hire, safe port/berth obligations, oil major approvals, bunkers, piracy, sanctions, liens, bailment, package limitation, the Inter-Club Agreement, speed and performance, stevedore damage and maintenance obligations.
• Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd [2010] 2 All ER (Comm) 814; [2011] EWHC 2618: Claim to enforce charterparty guarantees worth over US$40million. Linked jurisdiction and anti-suit injunction applications involving an issue about the law governing ostensible authority.
• Ship sale and purchase: Dispute (pursued in LMAA arbitration) under a ship sale and purchase MOA involving issues about breach of warranty, measure of loss and mitigation.
• Shipbuilding: Acted for buyers in multiple shipbuilding arbitrations concerning specialised multi-purpose container ships. Issues about the construction of the shipbuilding contract, delay, modifications, cancellation, waiver and demands under refund guarantees.
• Harbours: Sandra has acted in numerous proceedings raising issues as to the rights and liabilities of harbour authorities.  Sandra is currently acting for Dartmouth Harbour Authority in a dispute (pursued in Commercial Court proceedings) with the owners of a commercial fishing trawler arising out of the flooding and capsizing of the trawler while moored at Dartmouth Harbour.
• Admiralty / Arrest / Sale by private treaty: Acted for mortgagees in mortgage enforcement proceedings, including Bank of Scotland Plc v Owners of the Union Gold and others [2014] 1 Lloyd’s Rep. 53 where the Court gave guidance on the principles applicable on an application for the sale of a vessel by private treaty.
• Admiralty / Limitation Fund: Represented various parties in an application in the Admiralty Court to distribute a limitation fund established after the collision between the “Happy Fellow” and the “Darfur” on the Seine in 1995.
• Acted in a collision action arising from a tri-partite collision in international waters on approach to the Dardanelles.
• Road haulage: Sandra has also acted in road haulage disputes (domestic carriage and CMR) including Mercantile Court proceedings concerning a consignment of alcohol and issues about title to sue, the incorporation of standard contractual terms, time bars, limitation and wilful misconduct.