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Sarah Martin

Year of Call:	2008
Email:	smartin@7kbw.co.uk

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Practice Profile

Sarah joined 7KBW in 2008, following the completion of her pupillage.

Sarah specialises in commercial litigation and arbitration, and has appeared as sole counsel in the Commercial Court, the London Mercantile Court and the County Court. Her practice covers all areas of commercial law, with an emphasis on insurance, reinsurance, shipping, admiralty, fraud, professional negligence, and commodities. The majority of her cases include a jurisdictional dimension, and she has extensive experience in obtaining injunctive relief. Having qualified as a solicitor at King & Wood Mallesons (then Mallesons Stephen Jaques) in Melbourne, Sarah worked in the Dispute Resolution department of Freshfields Bruckhaus Deringer in London from October 2004 to June 2007. There she was a member of the financial institutions disputes sub-group and was involved in a variety of litigious matters, as well as major regulatory investigations in the insurance, reinsurance and investment banking sectors.

Areas of Expertise

Admiralty

Show Cases:

Selected cases:

Contecon Guayaquil S.A v Ikaria Maritime Corporation (the “CCNI Antartico”): Acted as junior counsel for the claimant (led by Timothy Brenton QC) in an Admiralty claim in excess of US$16,000,000 arising out of a collision between a large container vessel and a berth and gantry crane in Ecuador, involving complex navigational issues.
The Owners and/or Demise Charterers of the ship “Ispat Star” v The Owners and/or Demise Charterers of the ship “Yong Sheng”: Acted as sole counsel in a collision claim, settling application for extension of time in which to serve admiralty claim form in rem under CPR 7.6(2).

Civil Fraud

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Selected cases:

Orb a.r.l. and Ors v Ruhan (2015) (Claim No. 2012 Folio 1414): Acted as junior counsel for the claimants (led by James Drake QC, along with Nicholas Gibson of Matrix Chambers and James Goudcamp), in this complex and high value civil fraud case arising in connection with an oral profit sharing agreement that the claimants made with the defendant relating to the transfer of valuable assets, including a portfolio of hotels bordering Hyde Park. The case was listed for a 4-month Commercial Court trial commencing in November 2016 but a settlement was reached in April 2016.
Interactive Technology Corporation Limited v Ferster and Ors: Advised the First Defendant (led by Clive Freedman QC) on discrete issues arising from this claim for breach of fiduciary duty, fraud and dishonest misappropriation of assets of a gaming business.
Godiva Mortgages Limited v Travelers Insurance Company & Willmett Solicitors, RSA and The Law Society: Acted as junior counsel for the Law Society (led by Dominic Kendrick QC) in a Commercial Court claim concerning aggregation under the Minimum Terms and Conditions of Professional Indemnity Insurance for Solicitors, arising out of the participation of a partner at Willmett Solicitors in a large-scale mortgage fraud on multiple lenders.
Acted as junior counsel (led by David Edwards QC and Alexander MacDonald) for a major UK mortgage lender in a complex insurance arbitration arising from large-scale mortgage fraud on the lender, raising issues of misrepresentation, non-disclosure and waiver as well as the proper quantification of losses when loans are still ‘performing’.

Commercial Litigation

Show Cases:

Selected cases:

Orb a.r.l. and Ors v Ruhan (2015) (Claim No. 2012 Folio 1414): Acted as junior counsel for the claimants (led by James Drake QC, along with Nicholas Gibson of Matrix Chambers and James Goudcamp), in this complex and high value civil fraud case arising in connection with an oral profit sharing agreement that the claimants made with the defendant relating to the transfer of valuable assets, including a portfolio of hotels bordering Hyde Park. The case was listed for a 4-month Commercial Court trial commencing in November 2016 but a settlement was reached in April 2016.
Interactive Technology Corporation Limited v Ferster and Ors: Advised the First Defendant (led by Clive Freedman QC) on discrete issues arising from this claim for breach of fiduciary duty, fraud and dishonest misappropriation of assets of a gaming business.
Anglian Water Services Ltd v Laing O’Rourke Utilities Ltd [2010] 131 Con. L.R. 94 (25 June 2010): Appeared as junior counsel for the claimant (led by Andrew Wales QC) in the hearing of a Technology and Construction Court claim involving time bar issues in the context of a construction arbitration.
Appeared as sole counsel in a two day Mercantile Court trial concerning a dispute over the construction of a mandate agreement and whether there existed in parallel a collateral oral agreement.
Acted as sole counsel on behalf of a claimant opposing an application to set aside a default judgment under CPR Part 13.

Commodities

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Selected cases:

Acted as junior counsel for the claimant (led by Rebecca Sabben-Clare QC) in an arbitration claim in which a declaration was sought under s 32 of the Arbitration Act 1996 that the sole arbitrator appointed by the claimant pursuant to s 17 of the Act had jurisdiction to determine, inter alia, whether a valid and binding contract of affreightment was concluded between the parties.
Trafigura Beheer BV v Yieh Phui (China) Technomaterial Co Ltd [2009] EWHC 2054 (Comm): Appeared as junior counsel for the claimant (led by Robert Bright QC) in an arbitration claim in which a declaration was sought under s 32 of the Arbitration Act 1996 that arbitral tribunals appointed pursuant to LME Arbitration Regulations had jurisdiction to determine claims arising from contracts for the sale of zinc.
Acted as sole counsel in a LMAA arbitration concerning a claim for breach of a series of CIF contracts for the sale of ore.
Advised on the construction of CFR contracts incorporating INCOTERMS 2000.

Injunctions & Arrests

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Selected cases:

Orb a.r.l. and Ors v Ruhan [2016] EWHC 850 (Comm): Acting as junior counsel for the claimants (led by James Drake QC, along with Nicholas Gibson of Matrix Chambers and James Goudcamp), in this complex and high value civil fraud case arising in connection with an oral profit sharing agreement that the claimants made with the defendant relating to the transfer of valuable assets, including a portfolio of hotels bordering Hyde Park. A number of interim applications were heard over four days in March 2016, including the Claimants' application to discharge a freezing injunction granted by Cooke J in March 2015. The parties reached a settlement shortly thereafter.
Appeared as junior counsel (led by David Bailey QC) in two successful applications to the Commercial Court for anti-suit injunctions to restrain claims brought against Italian shipowners in Panama, the first being sought on the ground that the foreign proceedings were commenced in breach of a London arbitration agreement, and the second on the ground that the foreign proceedings were vexatious and oppressive.
Appeared as junior counsel for the claimant shipowners (led by Julia Dias QC) in three successful applications to the Commercial Court for worldwide freezing injunctions against the same foreign defendant in the context of arbitration claims for unpaid hire and damages under long term time charterparties.

Insurance & Reinsurance

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Selected cases:

Recently appeared with David Edwards QC in a Bermuda Form arbitration arising out of allegedly defective hip replacement products sold in the United States.
Acted for the respondent shipowner (led by Alistair Schaff QC) in a high value marine insurance arbitration arising from the loss of a livestock carrier that capsized and sank while loading its cargo of cattle in Brazil.
Godiva Mortgages Limited v Travelers Insurance Company & Willmett Solicitors, RSA and The Law Society: Acted as junior counsel for the Law Society (led by Dominic Kendrick QC) in a Commercial Court claim concerning aggregation under the Minimum Terms and Conditions of Professional Indemnity Insurance for Solicitors, arising out of the participation of a partner at Willmett Solicitors in a large-scale mortgage fraud on multiple lenders.
Acted as junior counsel (led by David Edwards QC and Alexander MacDonald) for a major UK mortgage lender in a complex insurance arbitration arising from large-scale mortgage fraud on the lender, raising issues of misrepresentation, non-disclosure and waiver as well as the proper quantification of losses when loans are still ‘performing’.
Acted as sole counsel for the insurer in a dispute concerning the extent of its liability under a professional rugby player income protection policy, and represented it in successful mediation.
Kuwait Qatar Insurance Company (KSCC) v Gulf Rocks Co: Acted as junior counsel for the claimant insurer (led by Timothy Brenton QC) in a Commercial Court claim against a Kuwaiti shipowner for negative declaratory relief under a hull and machinery policy, arising from a collision between two vessels in Mumbai in August 2010, which resulted in losses of around US$400 million.
Acted as junior counsel for the claimant reinsured in a reinsurance coverage arbitration arising from travel policy delay claims settled by the reinsured following the eruption of the Eyjafjallajokull volcano in Iceland in April 2010. Led by William Wood QC.
Advised as junior counsel (led by Roger Stewart QC and Andrew Wales QC) in an insurance coverage dispute arising from alleged professional negligence on the part of sub-contractors involved in a major construction project.
Appeared as junior counsel for the respondent insurer in a Bermuda Form arbitration arising from hurricane damage to a Caribbean resort. Led by Stephen Phillips QC
Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors [2011] 1 Lloyd’s Rep IR 500 (19 October 2010): Appeared as junior to Richard Southern QC representing the brokers in a Commercial Court fire insurance claim and a contingent claim for alleged brokers’ negligence.
Acted on behalf of a Lloyd’s syndicate (led by Richard Waller QC) in an arbitration concerning a claim against the syndicate’s coverholder for breach of binding authority agreements.
Appeared as junior to Adam Fenton QC in an arbitration concerning the aggregation of claims under a professional indemnity insurance policy.
Acted as junior counsel (led by Laurence Rabinowitz QC and James Brocklebank) in an insurance arbitration arising from alleged mis-selling of endowment mortgages by a major bank.
Acted as junior to Stephen Phillips QC and appeared as sole counsel at a mediation in a Commercial Court claim for negative declaratory relief on the ground of non-disclosure following a loss under a motor insurance policy.

International Arbitration

Show Cases:

Selected Cases:

Acted for the respondent shipowner (led by Alistair Schaff QC) in a high value marine insurance arbitration arising from the loss of a livestock carrier that capsized and sank while loading its cargo of cattle in Brazil.
Appeared as junior counsel (led by David Bailey QC) in two successful applications for anti-suit injunctions to restrain claims brought against Italian shipowners in Panama, the first being sought on the ground that the foreign proceedings were commenced in breach of a London arbitration agreement, and the second that the foreign proceedings were vexatious and oppressive.
Successfully defended the respondent buyer (led by Charles Priday) in a LMAA arbitration concerning the enforceability of a shipbuilding contract that was backdated to avoid IACS Common Structural Rule and PSPC requirements.
Acted as junior counsel for the claimant shipowner (led by Charles Priday) in a LMAA arbitration concerning the charterer’s entitlement to terminate a long term time charterparty, raising issues as to the appropriate measure of damages and applicable discounts.
Appeared as junior counsel for the respondent insurer in a Bermuda Form arbitration arising from hurricane damage to a Caribbean resort. Led by Stephen Phillips QC
Appeared as junior to Richard Southern QC representing a Chinese shipping company in an arbitration concerning the charterer’s entitlement to terminate a long term time charterparty.
Acted as junior counsel for the claimant (led by Rebecca Sabben-Clare QC) in an arbitration claim in which a declaration was sought under s 32 of the Arbitration Act 1996 that the sole arbitrator appointed by the claimant pursuant to s 17 of the Act had jurisdiction to determine, inter alia, whether a valid and binding contract of affreightment was concluded between the parties.
Acted as sole counsel in an arbitration concerning the application of the CONWARTIME 2004 clause in the context of piracy.
Acted as junior counsel (led by to Stephen Hofmeyr QC) in a LMAA arbitration involving a claim for recovery of a deposit paid under an MOA for the sale of a vessel, on the ground of late delivery.
Appeared on behalf of a Lloyd’s syndicate (led by Richard Waller QC) in an arbitration concerning a claim against the syndicate’s coverholder for breach of binding authority agreements.
Acted as junior counsel (led by Simon Picken QC) in an arbitration concerning a claim relating to the proper distribution of funds paid into a consortium bank account following the alleged repudiatory breach of certain time charterparties by a third party.
Acted as sole counsel in a LMAA arbitration concerning a claim for breach of a series of CIF contracts for the sale of ore.

Jurisdiction/Conflict of Laws

Show Cases:

Selected cases:

Advised as to the availability of anti-suit injunctions to restrain claims brought against Italian shipowners in Panama, initially on the ground that the proceedings were commenced in breach of a London arbitration agreement, and latterly on the ground that the proceedings were vexatious and oppressive.
Successfully defended the respondent buyer (led by Charles Priday) in a LMAA arbitration concerning the enforceability of a shipbuilding contract that was backdated to avoid IACS Common Structural Rule and PSPC requirements, including advising as to the law governing the enforceability of a related guarantee.
Contecon Guayaquil S.A v Ikaria Maritime Corporation (the “CCNI Antartico”): Advised on governing law and scope of s 16 of the Pilotage Act 1987 as junior counsel for the claimant (led by Timothy Brenton QC) in an Admiralty claim in excess of US$16,000,000 arising out of a collision between a large container vessel and a berth and gantry crane in Ecuador.
Kuwait Qatar Insurance Company (KSCC) v Gulf Rocks Co [2011] EWHC 774 (Comm): Appeared as junior counsel for the claimant insurer (led by Alistair Schaff QC) in a successful application for permission to serve a Commercial Court marine insurance claim out of the jurisdiction, subsequently upheld upon challenge at inter partes hearing.
Advised as to the law and jurisdiction applicable to an aquaprotector insurance policy, including as to the prospects of seizing jurisdiction by pre-emptive proceedings for negative declaratory relief.
Advised as to the availability of an anti-suit injunction in support of an arbitration agreement in arbitration proceedings arising from a dispute concerning the performance of contracts of affreightment.

Professional Negligence

Show Cases:

Selected cases:

Advised as junior counsel (led by Roger Stewart QC and Andrew Wales QC) in an insurance coverage dispute arising from alleged professional negligence on the part of sub-contractors involved in a major construction project.
Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors [2011] 1 Lloyd’s Rep IR 500 (19 October 2010): Appeared as junior to Richard Southern QC representing the brokers in a Commercial Court fire insurance claim and a contingent claim for alleged brokers’ negligence.
Acted as junior counsel (led by Sioban Healy QC) representing one of two defendants in a professional negligence claim relating to the placement of reinsurance with an alleged fraudulent enterprise.
Acted on behalf of a Lloyd’s syndicate (led by Richard Waller QC) in an arbitration concerning a claim against the syndicate’s coverholder for breach of binding authority agreements.
Acted as sole counsel for the defendant broker in a High Court (Chancery Division) claim for breach of contract/misrepresentation.

Shipping & Transport

Show Cases:

Selected cases:

Acted for the respondent shipowner (led by Alistair Schaff QC) in a high value marine insurance arbitration arising from the loss of a livestock carrier that capsized and sank while loading its cargo of cattle in Brazil.
Appeared as junior counsel (led by David Bailey QC) in two successful applications to the Commercial Court for anti-suit injunctions to restrain claims brought against Italian shipowners in Panama, the first being sought on the ground that the foreign proceedings were commenced in breach of a London arbitration agreement, and the second that the foreign proceedings were vexatious and oppressive.
Succesfully defended the respondent buyer (led by Charles Priday) in a LMAA arbitration concerning the enforceability of a shipbuilding contract that was backdated to avoid IACS Common Structural Rule and PSPC requirements.
Acted as junior counsel for the claimant shipowner (led by Charles Priday) in a LMAA arbitration concerning the charterer’s entitlement to terminate a long term time charterparty, raising issues as to the appropriate measure of damages and applicable discounts.
Contecon Guayaquil S.A v Ikaria Maritime Corporation (the “CCNI Antartico”): Acted as junior counsel for the claimant (led by Timothy Brenton QC) in an Admiralty claim in excess of US$16,000,000 arising out of a collision between a large container vessel and a berth and gantry crane in Ecuador, involving complex navigational issues.
Kuwait Qatar Insurance Company (KSCC) v Gulf Rocks Co: Acted as junior counsel for the claimant insurer (led by Timothy Brenton QC) in a Commercial Court claim against a Kuwaiti shipowner for negative declaratory relief under a hull and machinery policy, arising from a collision between two vessels in Mumbai in August 2010, which resulted in losses of around US$400 million.
Appeared as junior counsel for the claimant shipowners (led by Julia Dias QC) in three successful applications to the Commercial Court for worldwide freezing injunctions against the same foreign defendant in the context of arbitration claims for unpaid hire and damages under long term time charterparties.
Appeared as junior to Richard Southern QC representing a Chinese shipping company in an arbitration concerning the charterer’s entitlement to terminate a long term time charterparty.
Acted as junior counsel (led by to Stephen Hofmeyr QC) in an LMAA arbitration involving a claim for recovery of a deposit paid under an MOA for the sale of a vessel, on the ground of late delivery.
Acted as sole counsel in an arbitration concerning the application of the CONWARTIME 2004 clause in the context of piracy.
Farenco Shipping Co Ltd v Daebo Shipping Co Ltd [2008] EWHC 2755 (Comm): Appeared as junior counsel for the claimant (led by Stephen Hofmeyr QC) in a multi-party dispute concerning the construction of letters of indemnity issued pursuant to charterparties.
Acted as junior counsel (led by Simon Picken QC) in an arbitration concerning a claim relating to the proper distribution of funds paid into a consortium bank account following the alleged repudiatory breach of certain time charterparties by a third party.
Advised in relation to package limitation under Hague and Hague-Visby Rules.

Education

Magdalen College, University of Oxford: MPhil (2003-2004)

Part of Sarah’s thesis was published as ‘Lost and Destroyed Evidence: The Search for a Principled Approach to Abuse of Process’, (2005) 9 International Journal of Evidence and Proof 158-182

Magdalen College, University of Oxford: BCL, Distinction (2002-2003)

Sarah was awarded a Sir Robert Menzies Memorial Scholarship to study at Oxford, one of two postgraduate law scholarships awarded by the Menzies Foundation to Australian lawyers each year for tenure at UK universities.

University of Melbourne, Australia: BA/LLB (Hons), First Class (2000)

At the conclusion of her degree, Sarah was ranked second on the law Honours class list, and awarded the Spero Wilson Memorial Scholarship. During her degree, Sarah was also awarded prizes for her academic performance by Ormond College, including the Fowles Prize for Law, and was an Editor of the Melbourne University Law Review.

Professional Qualifications

Called to the Bar of England and Wales (March 2008)

Completed Qualified Lawyers’ Transfer Test, to qualify as a solicitor in England and Wales (October 2006)

Admitted as a Barrister and Solicitor of the Supreme Court of Victoria, Australia (April 2002)

Languages

French (Working Knowledge)

Appointments

Trustee, Marshall Hall Trust

Inner Temple Outreach Committee

Inner Temple Scholarships Committee

Inner Temple Bar Liaison Committee

Secretary, Mini-Pupillage Committee, 7KBW

Reported Cases

Show cases:

Reported Cases

Orb a.r.l. and ors v Ruhan

Orb a.r.l. and ors v Ruhan [2016] EWHC 850 (Comm) This is a complex and high value multi-party commercial fraud dispute, that was listed for a four-month trial in December 2016. (It has now been settled.) James Drake QC, Sarah Martin and James Goudkamp (together with Matthew Ryder QC, Lorna Skinner and Nicholas Gibson, all […]

April 15, 2016

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

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

Anglian Water Services -v- Laing o’Rourke utilities

[2010] 131 Con. L.R. 94 Andrew Wales led Sarah Martin for the employer in an arbitration application relating to a construction dispute under the NEC Engineering and Construction Contract, 2nd Ed. 1995. The issues concerned whether there had been valid service of an arbitration notice within time; whether the provision for adjudication before arbitration fell […]

June 25, 2010

Trafigura Beheer BV v Yieh Phui (China) Technomaterial Co Ltd

Robert Bright QC and Sarah Martin successfully represented the claimant in an arbitration claim in which a declaration was sought under s 32 of the Arbitration Act 1996 that arbitral tribunals appointed pursuant to LME Arbitration Regulations had jurisdiction to determine claims arising from contracts for the sale of zinc.

July 24, 2009

“Bremen Max” Farenco Shipping Co Ltd -v- Daebo Shipping Co Ltd

[2009] 1 Lloyd’s Rep. 81; [2009] 1 All ER (Comm) 423 Stephen Hofmeyr QC led Sarah Martin; Robert Bright QC – Charterparty (Time) – Letter of indemnity – Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI – Cargo discharged against LOI requiring charterer to put up security […]

November 11, 2008

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Latest News

Orb a.r.l. and ors v Ruhan

April 15, 2016

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

November 10, 2010

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

October 19, 2010

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7KBW will be sponsoring the 3rd MLAS Maritime Mooting Competition held in Singapore. bit.ly/2zRTSCK

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Latest 7KBW judgment from Robert Bright QC and Charles Holroyd - Can claimants who arrest vessels be required to give cross-undertakings in damages? Not at present, but the Court of Appeal says the position may be open to reconsideration bit.ly/2Bcec1k

Sarah Martin

Practice Profile

Sarah joined 7KBW in 2008, following the completion of her pupillage.

Areas of Expertise

Selected cases:

Selected cases:

Selected cases:

Selected cases:

Selected cases:

Selected cases:

Selected Cases:

Selected cases:

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Education

Professional Qualifications

Languages

Appointments

Reported Cases

Orb a.r.l. and ors v Ruhan

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

Anglian Water Services -v- Laing o’Rourke utilities

Trafigura Beheer BV v Yieh Phui (China) Technomaterial Co Ltd

“Bremen Max” Farenco Shipping Co Ltd -v- Daebo Shipping Co Ltd

Contact Clerks

Latest News

Orb a.r.l. and ors v Ruhan

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

Main Expertise Areas

Quick Links

7KBW on Twitter

Contact Information

About 7KBW

7KBW Expertise

Arbitrators/Mediators

Pupillage at 7KBW

Sarah Martin

Practice Profile

Sarah joined 7KBW in 2008, following the completion of her pupillage.

Areas of Expertise

Selected cases:

Selected cases:

Selected cases:

Selected cases:

Selected cases:

Selected cases:

Selected Cases:

Selected cases:

Selected cases:

Selected cases:

Education

Professional Qualifications

Languages

Appointments

Reported Cases

Orb a.r.l. and ors v Ruhan

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

Anglian Water Services -v- Laing o’Rourke utilities

Trafigura Beheer BV v Yieh Phui (China) Technomaterial Co Ltd

“Bremen Max” Farenco Shipping Co Ltd -v- Daebo Shipping Co Ltd

Contact Clerks

Latest News

Orb a.r.l. and ors v Ruhan

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors

Main Expertise Areas

Quick Links

7KBW on Twitter

Contact Information