Areas of Expertise
Insurance & Reinsurance
Ocean Finance & Mortgages Ltd v Senior Wright Ltd  EWHC 160 (Comm)(Professional Indemnity Insurance, Block notifications of PPI mis-selling, Brokers’ negligence and contribution between producing and placing brokers).
Coles v Hetherton  EWHC 1599 and 2848 (Comm):  Lloyds Rep IR 9. (Motor insurance, measure of indemnity for loss, repair charges, arrangements between Insurers and repairers, referral fees).
Joyce v O Brien  EWHC 1324 (QB):  Lloyds Rep IR 523 (upheld in CA). Ex turpi causa preventing recovery by one burglar from another for negligent driving of the getaway car.
Coromin v Axa Re.  EWHC 2818 (Comm):  Lloyds Rep IR 467.
Society of Lloyds v Laws  EWHC 873,  EWHC 71 (Comm). Names claims against Lloyds for misrepresentation, negligent misstatement.
IMG v Simmonds  EWHC 177 (Comm):  Lloyds Rep IR 247. Political Risks cover- non -disclosure, misrepresentation.
North Atlantic Insurance v Nationwide General Insurance  EWHC 449 (Comm):  2 CLC 731. Insolvency, Reinsurance of Pools of insurers.
Talbot Underwriting v Nausch Hogan  EWHC 2359 (Comm). 2CLC 868. (Marine Insurance, Agents, Undisclosed Principal. Construction of Policy).
Simmonds v Gamell  EWHC 2515 (Comm). Aggregation of losses under JELC wording; “loss, damage, liability … arising from one event ”in the Reinsurance of World Trade Centre liabilities.
LS Ref III Wight Ltd v Millvalley  EWHC 466 (Comm). (Interest Rate swap. Construction of ISDA wording re early termination, Use of wrong standard form wording, construction, rectification, estoppel by convention.)
Sivagnanam v Barclays Bank  EWHC 3985 (Comm)
MHB Bank v Shanpark  EWHC 408 (Comm). (Operation of set offs and netting of claims for unliquidated damages against Early Termination Amount)
Al Sulaiman v Credit Suisse Securities  EWHC 400:  1 AER (Comm) 1105. (Structured Loan Notes, Financial Advice , Neligence, causation and damages, Failure to pay margin.)
Barclays Bank v Grant Thornton  EWHC 320 (Comm): 2015 2 BCLC 537. (Duty of care of accountants, Disclaimer of liability to non clients)
Green Wood McLean LLP v Templeton Insurance  EWHC 2679 (Comm)  Lloyds Rep IR 557:  23 Costs LR 557. (Solicitors and Barristers, Duty of care, Causation, ATE insurance, Group Litigation)
Man Nutzfahrzeuge AG v Ernst & Young  EWHC 2245:  PNLR 19.
Al Suleiman v Credit Suisse Securities (ibid).
Deutsche Bank AG v Sebastian Holdings Inc.  EWHC 3463 (Comm). (Contract terms between Bank and Currency Trader, Currency Options, Implied terms, Duties of Bank in valuation, waiver by agent, loss and damage)
SNCB Holdings v UBS AG  EWHC 2044 (Comm). (Bonds, Implied terms, realisation of collateral)
Jefferies Interntional v Landsbanki Islands HF  EWHC 894 (Comm). (Insolvency, Moratoria, conflict of laws, forum conveniens).
Mahonia Ltd v JP Morgan Chase  EWHC 1938. (L/Cs, Loans, Enron Fraud and effect on Swap Agreements, Public policy.)
Socimer v Standard Bank  EWHC 1041 (Comm). (Forward sales Umbrella Agreement- insolvency and damages.)
JP Morgan v Primacom  EWHC2426 (Comm)– Brussels Regulation impact on claims under different loan Agreements
Habibsons Bank v Standard Chartered Bank  EWHC 702 (Comm). Loan Agreements. Administration Orders, conflict of laws. Sale of Goods
Deutsche Bank v Unitech Global Ltd  EWHC 1381 (Comm): Abuse of process, issue estoppel in relation to third application for summary judgement, judgment against borrower, argument of impossibility of partial rescission and restitutio in integrum vis a vis the guarantor.
International Sale of Goods
Gray v Smith [EWHC] 4136 (Comm): 2014 2 AER (Comm) 359. (Fraudulent sale by agent, Equitable interests, Bona fide purchase without notice)
Air Transworld v Bombardier  EWHC 243 (Comm):  1 Lloyds Rep 349. (Private Jet, Implied terms, International sale, fitness for purpose, correspondence with description, Unfair contract terms.
BG Global Energy v Talisman Sinopec Energy UK  EWHC 110 (Comm). (Construction of concession and cooperation agreements for North Sea oil and gas)
Petromec Inc v Petroleo Brasileiro SA Petrobras  EWHC 1589 (Comm). (Oil rigs, specification, variation orders)
Kensington International v Congo  EWHC 2684 (Comm)  BCLC 296. Corporate personality, use of companies to avoid payment of debts, Fraud by a sovereign state, Third Party debt orders.
Imamovic v Cinergy Global Trading Ltd.  EWHC 323 (Comm).
Shipping & Transport
Maestro Bulk Ltd v Cosco Bulk Carriers Ltd  EWHC 3978 (Comm): 2015 Lloyds Rep 315
Lakatamia Shipping Co Ltd v Su  EWHC 3611 (Comm):  1 Lloyds Rep 315. (Personal Liability of Owner of Companies for debts of the companies in an overarching deal)
CHS Inc Liberia v Far East Marine  EWHC 3747 (Comm). Delay – diminution in value of cargo- damages
Wuhan Ocean Economic & Technical Cooperation v Schiffahrts Gesellschaft Hansa Murcia.  EWHC 3104 (Comm):  1 Lloyds Rep 273. (Shipbuilding, Guarantees, Repudiation).
The Star Polaris  EWHC 2941 (Comm). Meaning of “ consequential losses in Shipbuilding contract)
The Aquafaith  EWHC 1077:  2 Lloyds Rep 61. Time charters: Non- payment, repudiation, Affirmation. Refusal by Owners of early redelivery – application of the rule in White and Carter Councils v McGregor.
Omnium Shipping v Cargill International  EWHC 571 (Comm):  2 Lloyds Rep 46. (Time Charter Off hire, piracy).
Progress Bulk Carriers v Tube City IMS LLC  EWHC 273 (Comm): 1 Lloyds Rep 501. (Breach of charterparty, economic duress)
The Elli  EWHC 1890 (Comm):  1 Lloyds Rep 262.
Lauritzen Cool AB v Lady Navigation Inc  EWHC 2619 (Comm):  1 Lloyds Rep 260. Time charters, measure of damages, specific performance, interim injunctions
Laemthong International Lines v Artis  EWHC 2738 (Comm):  1 Lloyds Rep 632.
The Jotunheim  EWHC 671 (Comm):  1 Lloyds Rep 181. Demise charter, Hire purchase, relief against forfeiture
Bitumen Invest AS v Richmond Shipping.  EWHC 2957 (Comm). Demise Charter as part of financing transaction- nature and meaning of Guarantee- on demand guarantee,
The Aquasia  EWHC 2514. 2016 1 Lloyds Rep 75. Hague Rules Limitation application of “per package or unit” to bulk cargoes.
Gard v Clearlake Shipping  EWHC 109.  Lloyds Rep Plus 55. Voyage Charter, vessel waiting on arrival at port, whether demurrage or escalated demurrage payable
BAT v Exel Europe  EWHC 694 (Comm)  1 WLR 397. CMR jurisdiction over successive carriers (upheld in Supreme Court).
Certain Limited Partner in Henderson PFI Secondary Fund II LLP v Henderson PFI Secondary Fund II LP  EWHC 3259 (Comm):  QB 934. (Derivative claims, construction of Limited Partnership agreements, duties of partners)
Gul Bottlers (PVT) v Nicholls  E WHC 2173 (Comm). (Repudiation of Distribution agreement)
Glencore Energy UK Ltd v Cirrus Oil Services Ltd  EWHC 87 (Comm): 2014 2 Lloyds Rep 1. (Damages for non- acceptance/repudiation of contract for sale of oil.)
See also cases on damages in charterparty cases.
Employment - Conflict of Laws
Petter v EMC Europe  EWHC 1493 (QB). (Jurisdiction, refusal to grant injunction to protect English Court’s jurisdiction in the face of an exclusive jurisdiction clause in favour of Massachusetts. Overturned in Court of Appeal. Appeal pending in Supreme Court).
Dept of Economic Policy of City of Moscow v Banker Trust  1 WLR 2885
C v D  2 Lloyds Law Rep 367
Tamil Nadu Electricity Board v ST-CMS  1 Lloyd’s Rep 93
Starlight Shipping v Tai Ping  1 Lloyd’s Rep 230
Shashoua v Sharma  2 Lloyd’s Rep 376
Sulamerica Cia Nacional de Seguros v Enesa  1 Lloyd’s Rep 275
Transportasi v Conoco Phillipps  2 Lloyds Rep 600. S 68 Application- Indemnity costs.
A v B  EWHC 3003 (Comm). S 67 challenge to jurisdiction on basis of devolution of business akin to “universal succession”.
Erdenet Mining Corporation v ICBC Standard Bank  EWHC 1090- exercise of s 70 (7) powers to order payment into court as condition of pursuit of flimsy s 67 and 68 applications
Awards as Arbitrator
Award re Bermuda Form Arbitration re XOL coverage of liability of mask manufacturer for asbestosis and other diseases. (Chairman)
Award re claims for Demise Charter hire and consumables under the Charter and a side letter and an Exit Deed related to a Joint Venture. Hong Kong Contracts (Rights of Third Parties) Ordinance and cross claims for damages for delivery into the charter in an unseaworthy state. (Chairman)
Award re Shipbuilding contract: Termination Notice by Builders on ground of non payment of 2nd instalment. Issues of construction of the Contract and entitlement to terminate. Application of Kostas Melas (Chairman)
Award under Contract for the construction of transhipment facilities for iron ore and manganese cargoes and long term transhipment payments Purported terminations by one party not accepted by the other. Compliance with conditions subsequent. Validity of Certificate to proceed and statement of compliance therein
Award under charter for FPSO facility – Hire rates - implied terms relating to actual costs incurred in capital and operating expenditure
2 Awards under 2 Shipbuilding contracts concerning questions of construction and Buyers’ entitlement to extension of the Refund Guarantee, as sole arbitrator, and 2 awards in relation to the. Refund Guarantees issued by a bank on issues of construction.
Award under Charter/ contract of sale of aggregates in the middle east. (Chairman)
Award under Shipbuilding Contract – issues of construction of contract and delayed delivery and responsibility therefor. Validity of cancellation by the Buyer. (Chairman)
Consent Award under Hotel Management contract
Consent Award under Contract of Affreightment of iron ore
Consent Award under contracts for sale of naphtha
Consent Award re sale and purchase of shares in companies
Appointments in ongoing disputes relating to insurance and reinsurance, consequential loss insurance, D & O policies, Bermuda Form insurances, shipbuilding contracts, COAs, charters, transhipment contracts, bills of lading, a towage contract, hotel management contracts, construction contracts, aviation construction, commission contracts, oil contracts and international sale of goods.