7KBW’s members “are nothing if not versatile” (Chambers UK 2020), enjoying “a first-class reputation” (Legal 500 UK 2020). Much of the work handled at 7KBW has an international character, involving questions about which law(s) should apply, which court or tribunal has jurisdiction to hear the dispute, and how judgments and awards should be enforced – or not. Complex issues of civil procedure can also arise, for example in relation to service and evidence.
We have litigated cases from the High Court up to the UK Supreme Court, as well as in the European Court of Justice, and internationally.
We are also familiar with the various forms of interim relief that play a key role in international commercial litigation, including anti-suit injunctions and freezing orders.
Members deal on a day-to-day basis with questions of jurisdiction, applicable law and the recognition and enforcement of judgments/awards. We can assist with matters concerning:
7KBW has been involved in ground-breaking litigation in this area, including the long-running dispute in The “Front Comor”, which ultimately led to reform of the arbitration exception in the recast Brussels Regulation. Members also acted in the recent Supreme Court litigation in Enka v Chubb, which is set to become the leading case on the governing law of arbitration agreements.
Examples of other recent cases in which members of 7KBW have appeared include:
Gavin Kealey QC
Timothy Saloman QC
Jonathan Gaisman QC
Dominic Kendrick QC
Alistair Schaff QC
Stephen Hofmeyr QC
Adam Fenton QC
Stephen Kenny QC
Richard Southern QC
Robert Bright QC
David Bailey QC
David Edwards QC
Julia Dias QC
David Allen QC
S J Phillips QC
Siobán Healy QC
James Drake QC
Peter MacDonald Eggers QC
Andrew Wales QC
Rebecca Sabben-Clare QC
Richard Waller QC
Jawdat Khurshid QC
James Brocklebank QC
N G Casey
Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb  UKSC 38 The Supreme Court has this morning handed down judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb  UKSC 38, which is set to become the leading authority on the governing law of arbitration agreements and the role of […]
Generali Italia S.p.A v Pelagic Fisheries Corp.  EWHC 1228 (Comm) Peter MacDonald Eggers Q.C. and Marcus Mander acted for 23 insurers under hull and machinery and increased value policies in successfully resisting challenges to the English court’s jurisdiction under Article 29(1) of Brussels I Recast. The hearing was conducted remotely using Skype for Business. […]
The Insolvency and Companies Court has today handed down judgment in the case of Alfred Schefenacker -v- Darko Horvat  EWHC 506 (Ch). Jason Robinson represented the successful Respondent and was instructed by Mishcon de Reya LLP. The application was to set aside a Part 71 Order made by Insolvency and Companies Court Judge Barber, […]
Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors  EWHC 3568 (Comm) David Bailey QC, Marcus Mander and Clara Benn have successfully defended members of the Chubb Group in an expedited trial of a claim for injunctive and declaratory relief brought by Enka, a Turkish engineering company involved in the construction […]
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, […]
The Atlantik Confidence  EWCA 2590 Civ This is the latest in a series of events since Mr Justice Teare ruled, in October 2016, in proceedings between the owner of the Atlantik Confidence and cargo interests, that the owner and Mr Agaoglu (the beneficial owner of the vessel) had wilfully cast away the vessel. Since […]
National Bank of Kazakhstan and the Republic of Kazakhstan (Claimants) v the Bank Of New York Mellon SA/NV, London Branch (Defendant)  EWHC 3512 (Comm) Christopher Butcher QC appeared on behalf of the Defendant in these Part 8 proceedings. This is the latest development in England of a dispute spanning several jurisdictions and which has […]
Turner v Norton (Ch D) Tim Jenns acted for the successful Defendant, a British Citizen resident in Barbados. The Claimant, also a British Citizen resident in Barbados, sued the Defendant seeking to recover sums allegedly due under a loan agreement made between the parties. The loan was advanced in Barbados and denominated in Barbadian dollars […]
On Thursday 26 March 2015, the Honourable Mr Justice Blair handed down judgment in a dispute arising out of the major fraud that appears to have occurred in connection with a vast quantity of metal held in a bonded warehouse at the port of Qingdao in China. Wanxiang, as the endorsee of two Warehouse Certificates […]
Jurisdiction challenge raising questions of agency under freight forwarding contract and the application of Article 23 of the EC Judgments Regulation. To view the judgment please click here.
CLIVE FREEDMAN QC AND DAVID LASCELLES SUCCEED IN €50MILLION JOINT VENTURE DISPUTE Clive Freedman QC and David Lascelles appeared for the successful Defendant in Sax v Tchernoy  EWHC 795 (Comm), instructed by Mischon de Reya. Judgment was handed down by the Commercial Court (Mr Justice Hamblen) on 26 March 2014. The €50million claims were […]
Alistair Schaff QC successfully appeared for a financial services firm and its insurers in this very important decision. The case concerned the FOS (Financial Ombudsman Service) jurisdiction and the effect of complainants who accepted a FOS determination in their favour up to the maximum enforceable limit awardable by FOS ( then £100,000; now £150,000) and […]
 EWHC 4071 (Comm) Jurisdiction challenge to arbitration award, applicable law, sale of goods (steel)
Charles Priday acted for the successful appellants in this important decision on CMR jurisdiction in cases involving successive carriers.
The Commercial Court dismissed an application by PhoenixTide to stay or dismiss proceedings brought by Tidewater in London and served on PhoenixTide in Nigeria on the grounds that the proceedings disclosed no reasonable cause of action, did not arise out of agreements containing exclusive jurisdiction clauses and on the grounds of forum conveniens. Burton J […]
Tim Jenns acted for the Claimant in its successful defence of a challenge to the jurisdiction of the DIFC Court in Dubai, in the first reinsurance case to be heard before the DIFC Court. Rival claims had been filed by the parties in the DIFC Court and the Abu Dhabi Court. The jurisdiction hearing raised […]
Acted for the Defendants in a successful jurisdiction challenge application. The application raised a novel issue regarding Article 30(2) of the Judgments Regulation and the means of receipt of documents available for transmission of documents to the Foreign Process Section of the Royal Courts of Justice. To view the judgment please click here.
Swallowfalls Ltd v Monaco Yachting & Technologies and another References:  EWHC 2057 (Comm),  EWHC 3616 (Comm) and  EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]
Sandra appeared for non cause of action corporate defendants in an application to discharge a freezing order. The application raised issues regarding the Court’s Chabra jurisdiction and material non-disclosure. To view the judgment please click here.
Acted for a bunker supplier in a successful application to discharge an anti-suit injunction. The application raised issues about the construction and effect of a non-exclusive jurisdiction clause, the duty of full and frank disclosure and notification of applications. To view the judgment click here.
£100 million Product Liability Claim dismissed – Kingspan v Borealis
Simon Picken QC and Sushma Ananda acted for the Defendants in their successful challenge to the jurisdiction in the face of a claim by Citigroup Global Markets Ltd (“CGML”) for negative declaratory relief arising out of two options transactions, evidenced by confirmations incorporating the form of the 2002 ISDA Master Agreement. In particular, the Defendants […]
David Allen QC, James Brocklebank, Sushma Ananda, and Elizabeth Lindesay acted for the Defendants, Borealis A/S and Borealis UK Limited in a product liability and misrepresentation claim brought by various companies in the Kingspan Group. The claim, said by the Claimants at the start of the trial to be worth in excess of £100 million, […]
Appeared in the Commercial Court with Charles Debattista in a jurisdiction challenge application concerning the effect of jurisdiction clauses in a stand-by letter of credit and in other banking contracts. To view the judgment click here.
Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — Council Regulation (EC) No 44/2001, articles 33 and 34. David Bailey QC and Marcus Mander successfully acted for the Claimant on an application by the Defendants […]
James Drake QC and Emma Hilliard appeared for the Claimants; David Bailey QC and Jocelin Gale appeared for the Intended Defendant. Practice – Compromise – Shipowner bringing proceedings against insurers for indemnity under marine insurance policy – Action settled on terms set out in Tomlin Order – Shipowner subsequently bringing claims against insurers in Greece […]
Appeared in the Commercial Court with Vasanti Selvaratnam QC in proceedings concerning a claim to enforce charterparty guarantees worth over US$40million. To see the judgment click here.
 EWCA Civ 1050;  1 Lloyd’s Rep. 399 David Bailey QC and Emma Hilliard appeared in Court of Appeal for the successful appellants in an appeal to from the decision to grant an anti-suit injunction.
Jonathan Gaisman QC and Charles Holroyd recently acted in the case of Luxe v Midland, a case which concerned a disappointed buyer’s right to seek proprietary remedies in an international context against the proceeds of sale of a Ukrainian steel group (Zaporizhstal), where it alleged that the seller (Midland) had wrongfully sold to a subsequent […]
 Lloyd’s Rep. IR 445,  Lloyd’s Rep. FC 197,  Lloyd’s Rep. IR 616. Stephen Hofmeyr QC – Insurance — Run-off — Claimant managed run-off of defendant insurers — Agreement terminating run-off and exempting claimant from most claims other than fraud — Exclusive jurisdiction clause in favour of England — Claim brought in New […]
Timothy Saloman QC, Jonathan Gaisman QC and James Brocklebank were involved in this dispute (subsequently compromised) concerning the interaction of anti-suit injunctions and non-exclusive jurisdiction clauses.
Appeared with Vasanti Selvaratnam QC before the Commercial Court in a case concerning linked jurisdiction and anti-suit injunction applications. The application raised issues about the law governing ostensible authority and about the separability of jurisdiction clauses. To view the judgment click here.
Judgment in the above case was handed down today. The case concerned a challenge to the jurisdiction of the English court by PZL, a Polish aircraft equipment manufacturing company, in relation to a claim on a FX structured product brought by the French bank, Calyon. Calyon claimed that the agreement between the parties was governed […]
 2 All ER (Comm) 603 The case concerned a challenge to the jurisdiction of the English court by PZL, a Polish aircraft equipment manufacturing company, in relation to a claim on a FX structured product brought by the French bank, Calyon. Calyon claimed that the agreement between the parties was governed by the ISDA […]
 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 […]
 2 Lloyd’s Rep. 61 David Allen QC – Conflict of laws — Jurisdiction — Non-exclusive jurisdiction clause in favour of England — Respondent commencing proceedings in Texas — Applicant commencing proceedings in England — Whether anti-suit injunction should be granted
 1 All ER (Comm) 473;  2 Lloyd’s Rep. 123 Robert Bright QC – Conflict of laws — Jurisdiction — Claimant recovery agent bringing proceedings in England against Swedish P&I Club in tort for procuring breach of contract and unlawful means conspiracy — Whether damage occurred in England — Council Regulation (EC) 44/2001, article […]
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.
 2 All ER (Comm) 129;  2 Lloyd’s Rep. 619,  2 Lloyd’s Rep. 177 Christopher Butcher QC and Jawdat Khurshid – Conflict of laws – Jurisdiction – Claims brought for breach of credit facility containing exclusive jurisdiction clause – Claimant seeking to argue alternative claims for restitution and misrepresentation if credit agreement void […]
 1 Lloyd’s Rep. 162 Jim Drake – Arbitration – Jurisdiction – Whether arbitrators had made an award on jurisdiction – Arbitration Act 1996, section 67.
 2 Lloyd’s Rep. 685;  1 All ER (Comm) 1035 Michael Holmes – Sale of goods (cif) – Demurrage – Whether contract contained demurrage time bar clause – Whether parties concluded binding contract compromising demurrage claim – Unilateral mistake – Whether equitable jurisdiction to grant rescission where unilateral mistake not forming term of contract […]
 Lloyd’s Rep. IR 414 Richard Waller – Insurance (political risks) — Conflict of laws — Arbitration — Policy containing English arbitration clause and US service of suit clause — Assured commencing proceedings in Michigan — Underwriters seeking anti-suit injunction — Whether assured obliged to go to arbitration.
 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 […]
 Lloyd’s Rep. IR 227;  1 All ER (Comm) 1137 Alistair Schaff Q.C. and Simon Kerr – Reinsurance – Conflict of laws – Dispute between reinsured and excess of loss reinsurers in arbitration in the US – Further dispute between excess of loss reinsurers and quota share reinsurers – QS reinsurers commencing judicial proceedings […]
 Lloyd’s Rep IR 158;  2 All ER (Comm) 976 Alistair Schaff QC led Rebecca Sabben-Clare in Reinsurance matter – Slip scratched for Construction/Erection and Operational Risks – Condition for extension of coverage running from date of commissioning of final building and for operational risks inserted subject to approval by reinsurers – Condition later […]
 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 […]
 1 Lloyd’s Rep. Plus 1 Simon Picken Q.C. led Josephine Higgs in a claim for declaratory relief as to the parties’ rights in an oil field in Brunei. The case also raised jurisdictional issues and an application for a stay under section 9 of the Arbitration Action 1996. Led by Simon Picken QC.
 1 Lloyds Rep IR 786;  2 Lloyd’s Rep. 475;  Lloyd’s Rep IR 127;  2 All ER (Comm) 385 Gavin Kealey Q.C. leading David Bailey – Reinsurance – banker’s blanket policy – jurisdiction Reinsurance – Conflict of laws – Direct bankers’ blanket policy governed by law of Mauritius – Reinsurance governed by […]
 1 Lloyds Rep 280;  1 All ER (Comm) 183 Timothy Brenton Q.C. and David Bailey Q.C. represented the claimants – War risk insurance; total loss; incorporation of arbitration clause. Arbitration – Jurisdiction and error of law – P&I Association Rules – Arbitration clause contained in Rules – Whether arbitration clause incorporated into contract […]
 1 Lloyd’s Rep. 104 Gavin Geary acted in this matter involving – Letter of undertaking – P&I Club – Application to Italian court for arrest of vessel – Club issuing letter of undertaking – Judgment obtained by claimant – Whether judgment valid – Allegation of sharp practice against claimant – Misdescription of beneficiary of […]
 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.
 2 Lloyd’s Rep. 110 Stephen Kenny acted (ultimately unsuccessfully) for claimants seeking to sustain English jurisdiction in relation to a claim of non-liability by a French road transport operator. Conflict of laws – Jurisdiction – Carriage of goods by road – Consignment of mobile phones stolen en route from Paris to Calais for subsequent […]
 2 Lloyd’s Rep. 446;  2 All ER (Comm) 400 David Edwards – Insurance – Jurisdiction – Claimant insured by Zambian insurers under policy subject to exclusive Zambian jurisdiction and by English insurers under policy subject to exclusive English jurisdiction – Whether Zambian insurers should be co-defendants to proceedings against English insurers – Whether […]
 1 WLR 1792 David Allen – Conflict of laws – Tort – Choice of law – Foreign tort claims – Asbestos-related tort claims brought against companies in United Kingdom and United States – Relevant acts or omissions committed in United States before commencement date of statute governing choice of law – Resulting damage occurring […]
 Lloyd’s Rep. IR 409;  1 Lloyd’s Rep 142 Alistair Schaff QC led David Edwards; Christopher Butcher QC led Stephen Kenny; and Andrew Wales were involved in this case which concerned the scope of coverage of an English law reinsurance contract, covering an underlying English law policy containing a US service of suit clause […]
 2 Lloyd’s 769 Stephen Kenny acted for claimants asserting that a claim under a general average guarantee given by European insurers was subject to English jurisdiction. Insurance (marine) – Conflict of laws – Jurisdiction – Insurers subscribing to average guarantee – Payment to be either to cargo owners or to average adjusters – Demand […]
 Lloyd’s Rep. IR 646;  2 All ER (Comm) 301 David Bailey acted for the Claimants in this Reinsurance- negative declaratory relief – Jurisdiction – Article 5 of Jurisdiction Regulation Insurance (marine war risks) – Conflict of laws – Vessel becoming constructive total loss – War risks insurers refusing to make payment – Insurers […]
 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 […]
 2 A.C. 423 Appeal to the House of Lords concerning whether a “straight” bill of lading was a “bill of lading or similar document or title” under the Hague-Visby Rules. Alistair Schaff Q.C. and Alex MacDonald successfully represented the cargo claimants in in what is now the leading case on the status of ‘straight’ […]
 1 Lloyd’s Rep. 515;  1 All ER (Comm) 515 Timothy Saloman QC – Arbitration – Recognition and enforcement of foreign awards – Award given against defendant State – Application by claimants to enforce award in England – Defendant arguing that arbitrators had no jurisdiction but participating in arbitration after adverse ruling on jurisdiction […]
 Lloyds’ Rep. IR 407 Stephen Kenny (Robert Bright being his opponent) acted for Louis Duty Free Shops, an operator of shopping concessions on Festival Cruise Lines vessels. Cover for its employees had been placed by Festival’s brokers with a P&I Club, which (on Festival’s default) claimed against Louis Duty Free Shops for all unpaid […]
 1 Lloyd’s Rep. 531 Charles Priday acted in this classic jurisdiction dispute in Commercial Court. Practice – Claim form – Judgment entered in default of acknowledgement of service – Application to set aside – Claimant charterers applying without notice for extension of time for service of claim form out of jurisdiction – Claim form […]
 Lloyd’s Rep I.R.231 Timothy Brenton Q.C. and Jawdat Khurshid acted for the Defendants in a Marine insurance, damage to pipe laying barge by fire. Timothy Brenton Q.C. and Jawdat Khurshid – Insurance (marine) – Conflict of laws – Exclusive jurisdiction clause nominating English courts – Action by insurers seeking negative declaratory relief by reason […]
 Lloyd’s Rep IR 99 David Bailey – Reinsurance – jurisdiction – significance of English law – related claim against the brokers – forum non conveniens Reinsurance – Conflict of laws – Forum non conveniens – Retrocession between a Canadian cedant and the London branch of the retrocessionaire – Contract made in England and governed […]
 Lloyd’s Rep IR 99 David Bailey – Reinsurance – Conflict of laws – Forum non conveniens – Retrocession between a Canadian cedant and the London branch of the retrocessionaire – Contract made in England and governed by English law – Disputes as to meaning of retrocession – Service of English proceedings on cedant in […]
 1 Lloyd’s Rep. I.R. 32 (Commercial Court, Morison J.) Gavin Kealey Q.C. led James Brocklebank in Anti-suit and anti-anti-suit injunctions and conflicts of laws in context of insurance. Reinsurance – Conflict of laws – Anti-suit injunction – Proceedings started in England by claimants – Proceedings started by defendants in New York four days later […]
 Lloyd’s Rep. IR 552 Sioban Healy acted for Respondent reinsurer applying to stay proceedings for negative declaratory relief on grounds of forum non conveniens. Reinsurance – Conflict of laws – Direct risk and reinsurance written in Venezuela and retroceded into London – Application by retrocessionaires for declaration of non-liability – Retrocession containing disputes clause […]
 Lloyds Rep I.R.14 Timothy Brenton Q.C. acted in this matter involving the Operation of law and jurisdiction in context of Marine Open Cover. Insurance – Open cover – Certificates issued under Open Cover – Exclusive jurisdiction clause – Clause providing for Swiss law and practice but giving the party who had title to goods […]
 2 Lloyd’s Rep. 438;  1 All ER (Comm) 753 Stephen Hofmeyr QC – Arbitration – Binding authority between underwriters and Lloyd’s broker – Agreement containing inspection clause – Broker refusing inspection – Underwriters commencing arbitration and seeking mandatory injunction from Court ordering inspection – Jurisdiction of Court to make order – Whether order […]
 Lloyd’s Rep IR 846;  Lloyd’s Rep IR 846 Gavin Kealey QC and Andrew Wales – (Commercial Court) Jurisdiction, conflict of laws. Reinsurance – Conflict of laws – Canadian parent company insuring itself and English subsidiary against liability – Reinsurers seeking declaration of non-liability for breach of claims provisions – Proceedings first commenced in […]
 3 All ER 986,  1 WLR 1395 Jim Drake – Costs – Security for costs – Jurisdiction – Court of Appeal – Whether Court of Appeal having jurisdiction to make order in favour of appellant defendant for security for its costs below – Supreme Court Act 1981, s 15(3) – CPR 25.12, 25.13, […]
 2 Lloyd’s Rep. 617 Timothy Saloman QC – Conflict of laws – Bill of lading – Limitation of time – London arbitration clause – Cargo-owners and insurers brought action in Chinese Courts – Shipowners brought London arbitration proceedings – Cargo-owners objected to arbitrator’s jurisdiction – Chinese Courts determined that they had jurisdiction – Arbitrator […]
 2 Lloyd’s Rep. 364 Stephen Kenny acted for the Defendant, BP France, which successfully asserted its right to be sued in its country of domicile (France). The case turned on English and European law on the incorporation of a charterparty jurisdiction clause into a bill of lading. Bill of lading – Exclusive jurisdiction clause […]
 1 WLR 1973 Jim Drake – Practice – Stay of proceedings – Jurisdiction – Defendants indicating intention to contest jurisdiction – Defendant appearing by counsel to challenge freezing order obtained without notice and to seek extension of time for serving defence – Acknowledgments of service indicating both intention to defend claim and intention to […]
 2 Lloyd’s Rep. 571 Timothy Saloman Q.C. led Simon Picken in a dispute under contracts relating to barge mounted electric generation facility at Karachi – Collateral guarantee gave jurisdiction to English Courts – Whether defendants in waiving sovereign immunity consented to English Court having jurisdiction to grant anti-suit injunction – Proper construction of jurisdiction […]
 2 Lloyd’s Rep. 553 Sioban Healy acted in this Conflict of laws in relation to insurance policies, jurisdiction, Brussels-Lugano Convention Articles 8, 12a, 17, 22. Insurance (Marine) – Jurisdiction – Stay of proceedings – Dispute under sales contract – 22nd defendant domiciled in England – Claimant brought proceedings in England – Defendants alleged policy […]
 2 All ER (Comm) 657 Dominic Kendrick QC acted in this Action – Dismissal – Abuse of process of court – Claimants issuing proceedings against English defendant – Claimants issuing virtually identical proceedings against same defendant and Finnish defendants to pre-empt anticipated Finnish action by Finnish defendants – Whether second action abuse of process […]
 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
 Lloyd’s Rep IR 853;  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
 Lloyd’s Rep IR 196,  1 All ER (Comm) 83 Richard WallerInsurance (liability) – Conflict of laws – Negative declaratory relief – Service outside the jurisdiction – Forum non conveniens – Worldwide policy issued in London to English parent company – Claim brought under policy in Ohio under law of Ohio – Whether contract […]
 2 Lloyd’s Rep 403;  2 Lloyd’s Rep. 11 Dominic Kendrick Q.C and Simon Kerr – This is an appeal against a judgment of David Steel J., sitting in the Admiralty Court, in two consolidated actions in rem. The judgment awarded the respondents, ‘MSC’, sums in excess of $6million, inclusive of interest and costs, […]
 2 Lloyd’s Rep 621 David Edwards acted for a German reinsurance company successfully invoking English jurisdiction under article 5 of the Brussels Convention for a claim against a fellow member of a reinsurance pool Practice – Claim form – Application to set aside – Good arguable case – Excess of loss reinsurance and retrocession […]
 Lloyd’s Rep IR 480 Dominic Kendrick QC and Peter MacDonald Eggers acted in this reinsurance; bankers blanket bond insurance; jurisdiction and forum convenients. Reinsurance – Conflict of laws – Jurisdiction Clause – Whether reinsurance incorporated jurisdiction Clause contained in direct policy – Effect of policy wording at variation with slip – Test for incorporation […]
 2 Lloyd’s Rep. 203 Jonathan Gaisman Q.c. and Stephen Kenny – Saudi Aramco’s argument that it should not be joined to proceedings as a potential contributor because (a) this would outflank arbitration and jurisdiction agreements with those with whom it had contracted; and (b) a claim in contribution was unknown in its country of […]
 1 All ER (Comm) 993 Stephen Kenny – Practice – Service out of the jurisdiction – Necessary or proper party to action – Action properly brought against a person served in the jurisdiction – Person out of jurisdiction a necessary or proper party to action – Judge granting permission to serve out of jurisdiction […]
 2 A.C 205;  1 Lloyd’s Rep. 663;  1 Lloyd’s Rep. 635 Jonathan Gaisman Q.C. and Stephen Kenny – Practice – Joinder – Jurisdiction – Application to set aside – Necessary and proper party to action – Sale of cargo of propane – Dispute as to contractual quality of propane – Buyers claimed […]
 2 All ER (Comm) 30 Christopher Butcher – Arbitration – Costs – Taxation – Jurisdiction – Arbitrators making order on preliminary issue – Claim failing as a result of decision on preliminary issue – Arbitrators awarding costs to defendant – Whether award ‘final’– Claimant applying for costs to be taxed by High Court – […]
 2 Lloyd’s Rep 22;  2 All ER (Comm) 177 Gavin Geary acted in this matter – Practice – Jurisdiction – Application to set aside – Charterers brought interpleader proceedings to determine whether charter-party hire should be payable to owners or owners’ assignees – Leave to serve out of jurisdiction granted – Whether claim […]
 1 Lloyd’s Rep. 490;  1 All ER (Comm) 883 Robert Bright – Carriage by road – CMR – Article 31 – Construction – Claimant contracting carrier for carriage of consignment of whisky from Scotland to Vienna – Defendant claimant’s sub-contractors – Whisky stolen – Claimant sought indemnity or contribution from defendant – Defendant […]
 1 Lloyd’s Rep. 284;  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, […]
 2 Lloyd’s Rep. 418 Sioban Healy acted in this Jurisdiction/forum conveniens where underwriters have registered to do business overseas. Practice – Jurisdiction – Application to set aside – Forum non conveniens – Application for negative declaratory relief – Proceedings commenced in Canada – Whether Canada more appropriate forum – Whether English action should be […]
 2 All ER (Comm) 70 Christopher Butcher – Arbitration – Agreement – Arbitration clause – Jurisdiction of court – Application to set aside arbitration claim form – Whether claim within arbitration exception in Lugano Convention – Whether court having jurisdiction to serve arbitration claim form outside jurisdiction – Arbitration Act 1996, s 32 – […]
 1 Lloyd’s Rep. 663 Richard Waller – Practice – Concurrent writ – Application to set aside – Stay of action – Thailand jurisdiction clause – Damage to cargo – Claimants served concurrent writs on defendants – Allegation that concurrent writs a nullity because issued after expiry of original writ and no extension of validity […]
 1 WLR 586;  BLR 259;  1 Lloyd’s Rep. 467;  2 All ER 109;  1 All ER (Comm) 674 Dominic Kendrick Q.C. acted in Stay of judicial proceedings – Arbitration agreement – Plaintiffs commencing action for breach of contract – Defendants’ application to stay action refused – Whether Court of Appeal […]
 2 WLR 181 Alistair Schaff Q.C. and Charles Priday sat before the European Court of Justice in the leading case involving Articles 21 and 22 of the Brussels Convention. Practice – Stay of proceedings – Jurisdiction under European Convention – Lis alibi pendens – Claim for declaration of non-liability in action in Holland – […]
 1 All ER (Comm) 108; 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 […]
 2 Lloyd’s Rep. 692;  2 All ER (Comm) 922 Charles Priday – Practice – Interpleader proceedings – “Same cause of action”- Construction – Proceedings commenced in Paris against defendants in respect of payment for cargoes of naptha – Defendants commenced interpleader proceedings in England – Whether Paris action and interpleader proceedings involved the […]
 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 […]
 2 Lloyd’s Rep. 632;  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 […]
 2 Lloyd’s Rep. 286;  2 All ER (Comm) 138 Dominic Kendrick Q.C. led Christopher Butcher; and Robert Bright – Arbitration – Arbitrator – Appointment – Substitute arbitrator – Arbitrator resigned as a result of ill health – New arbitrator to be appointed – Whether re-appointing party had 30 days to nominate new arbitrator […]
 2 Lloyd’s Rep. 281 David Bailey acted for Plaintiffs – Admiralty practice – arrest of vessel – unseaworthiness – jurisdiction Admiralty practice – Arrest – Jurisdiction – Article 5(1) – Bill of lading cargo claim – Allegation of wetting damage to cargo of steel coils – Vessel arrested in England in October, 1998 and […]
 2 Lloyd’s Rep. 298 David Edwards acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds Practice – Stay of action – Articles 21 and 22 – Claims by suppliers of bunkers to vessel – Vessel arrested in Belgium – Proceedings brought in Belgium and in […]
 QB 288 Jonathan Gaisman Q.C. and Stephen Kenny acted for the Defendants (the former Yugoslav military sales and procurement agency) on the instructions of Holman Fenwick & Willan. This arms trading case raised the issue of whether enforcement of a Swiss arbitration award would be contrary to English public policy (Arbitration Act 1975, Section […]
 1 Lloyd’s Rep. 876 Tim Kenefick – Practice – Discovery – Jurisdiction – Negotiations for sale of tanker conducted with help of plaintiffs’ brokers – Dispute as to whether contract of sale resulted – Defendants counterclaimed against brokers – Brokers applied for discovery from plaintiffs of documents relating to vessel’s condition at time of […]
 2 Lloyd’s Rep. 611 Alistair Schaff Q.C. and Stephen Kenny acted in a Court of Appeal decision on conspiracy by unlawful means arose in a jurisdictional context Practice – Applications to set aside proceedings – Serious issue to be tried – Witness immunity rule – Allegations involving creation of false documents making of fraudulent […]
 1 All ER (Comm) 237 Christopher Butcher QC – Conflict of laws – Jurisdiction – Exclusive jurisdiction – Plaintiff selling bonds to defendant – Purchase agreements stating that defendant submitted to jurisdiction of English courts – Plaintiff suing defendant in England for outstanding payments – Defendant suing plaintiff and affiliated companies in New York […]
 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.
 1 Lloyd’s Rep. 13 Rebecca Sabben-Clare – Admiralty practice – Limitation fund – Stay of action – Collision between plaintiffs’ and defendants’ vessels near the mouth of the Seine – Action brought in France – Plaintiffs purported to constitute limitation fund in England – Whether English action should be stayed – Civil Jurisdiction and […]
 2 Lloyds Rep. 675 Timothy Brenton Q.C. was instructed as amicus curiae in relation to a dispute as to whether a harbour Authority had jurisdiction to distrain a vessel for non payment of mooring fees. Docks and harbours – Judicial review – Statutory power – Harbour authority distrained upon motor yacht for non-payment of […]
 2 Lloyd’s Rep. 461;  2 Lloyd’s Rep. 493;  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 – […]
 2 All ER 821 Timothy Saloman Q.C. led Alistair Schaff in a Conflict of laws matter – Contract – Proper law of contract – Bank – English bank holding account for Sierra Leone company owned by Sierra Leone government – Company’s articles of association providing that board of directors to consist of eight members […]
 1 Lloyd’s Rep. 486 Stephen Hofmeyr and Charles Holroyd acted in this action involving Port agency – Vicarious liability – Constructive trust – Secret commission – Claim that second defendant in return for appointment as port agent for vessels nominated by claimant paid claimant’s former operation’s manager secret commission – Whether payments bribes – […]
 Q.B. 54 Jonathan Gaisman Q.C. and David Edwards – Conflict of Laws – Jurisdiction under European Convention – Place of performance of contractual obligation – German companies inspecting goods in China for English plaintiffs – Inspection report delivered in England – Plaintiffs suing in England for breach of contract and negligence in preparing reports […]
 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 […]
 1 Lloyd’s Rep 412 Dominic Kendrick – This was an application by the first defendants Guardian Insurance Co. Inc. of the United States Virgin Islands to stay the action brought by the plaintiffs Hogg Insurance Brokers Ltd. against the first defendants and the second and third defendants, Eagle Star Insurance Co. Ltd. and Eagle […]
 1 Lloyd’s Rep 380 Jonathan Gaisman Q.C. leading David Edwards – Bill of lading – Jurisdiction clause – Article 17 – Application to set aside – Alleged damage to cargo – Disputes to be decided in Germany – Whether art. 17 applicable – Effect of art. 57 of the Brussels Convention and art. 7 […]
 1 Lloyds Rep 246;  1 Lloyd’s Rep. 541 Gavin Kealey Q.C. led Simon Picken in this leading case concerning the power of the Court to award costs against a non-party, a P&I club. Practice – Costs – Non-party – Plaintiffs claimed damages for repudiation of charter – Defendants ordered to pay costs on […]
 1 Lloyd’s Rep. 273 Sioban Healy acted. Shipping; conflict of laws: relevance of foreign decisions on interpretation of a foreign statutory version of Hague Rules incorporated into an English law contract. Charter-party (Voyage) – Limitation of time – Hague Rules – Construction – Charter incorporated U.S.A. clause paramount – Vessel delayed by engine problems […]
 1 Lloyd’s Rep. 273 Sioban Healy acted. Shipping; conflict of laws: relevance of foreign decisions on interpretation of a foreign statutory version of Hague Rules incorporated into an English law contract. Charter-party (Voyage) – Limitation of time – Hague Rules – Construction – Charter incorporated U.S.A. clause paramount – Vessel delayed by engine problems […]
 CLC 168 Timothy Saloman Q.C. led Christopher Butcher in a matter involving ISDA contract, and exclusive jurisdiction agreement – enforceability under Article 17 of the Brussels Convention – interpretation of International Swap Dealers Association (ISDA) contract terms.
 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 […]
 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 […]
 1 Lloyd’s Rep. 74. Gavin Kealey Q.C. – issues of Private International law, Jurisdiction, Proper law, illegality Jurisdiction – Writ – Service out – international reinsurance placed in London market – Claim for declaratory relief by successor in title to reinsurer fronting for syndicate – Leave given to serve on reinsured in United States […]
 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 […]
 2 Lloyd’s Rep. 206 Charles Priday – Contract – Jurisdiction – Ship repairs – Parties agreed to submit to non-exclusive jurisdiction of Courts of Gibraltar – Dispute concerning work carried out to vessel – Action brought in England – Whether Gibraltar more appropriate forum – Whether action should be stayed.
 2 Lloyd’s Rep 395 David Bailey – injunction – jurisdiction to serve out of the jurisdiction Practice – Jurisdiction – Order 73, r. 7 – Court made order for inspection of vessel and service of originating summons on defendants – Alleged failure to comply with order – Whether Court had jurisdiction to give leave […]
 1 Lloyd’s Rep 301 Gavin Kealey Q.C. and Simon Picken acted in a case involving a time charter and the incorporation of the Hague/Hague-Visby Rules. Charter-party (Time) – Limitation of time – Hague-Visby Rules – Incorporation – Time charter for carriage of sulphuric acid – Cargo outturned contaminated – Plaintiffs claimed damages for breach […]
 1 WLR 1057 (C.A.) (No. 1) and  1 WLR 1067 (C.A.) (No.2) Timothy Saloman Q.C. and Robert Bright acted in a Jurisdiction dispute arising from worldwide Mareva injunction in aid of foreign proceedings. Injunction – Mareva injunction – Cross-undertaking in damages – Injunction discharged by consent – Inquiry into damages – Court’s discretion […]
 1 Lloyd’s Rep. 11;  1 Lloyd’s Rep. 287 Dominic Kendrick acted in this Court of Appeal Admiralty practice – Action in rem – Arrest of vessel – Jurisdiction – Damage to cargo – Defendants domiciled in Contracting State – Præcipe for caveat against arrest issued – Vessel arrested but released immediately – Bail […]
 2 LLR 524 Alistair Schaff acted in a major trial between the bank and its customer which was only concluded on appeal in 1999 Practice – Writ – Application to set aside – Jurisdiction – Loan agreement, assignment of earnings and deed of charges entered into between German bank and Liberian shipowners – Documents […]
 1 W.L.R. 299 David Bailey – Freezing injunction – scope – jurisdiction in relation to disclosure order Injunction – Mareva injunction – Jurisdiction – Arbitration award – Mareva injunction applying only to assets within jurisdiction but disclosure of assets worldwide required – Whether court having power to grant injunction to enforce arbitration award – […]
 2 Lloyd’s Rep. 6;  1 Lloyd’s Rep. 424;  3 All ER 180 Dominic Kendrick – Admiralty practice – Application to set aside – Jurisdiction – Carriage of goods by sea – Cargo contaminated – English and Dutch proceedings brought – Whether English Court first seised of proceedings – Whether English and Dutch […]
 1 Lloyd’s Rep. 382;  2 Lloyd’s Rep. 399 Jonathan Gaisman – Charter-party (Time – Stay of action – Jurisdiction – Forum non conveniens – Plaintiffs claimed damages under the contract – Charters prescribed Egyptian law as property law of contract but silent as to jurisdiction – Whether parties orally agreed contracts subject to […]
 1 Lloyd’s Rep. 584 Robert Bright – Practice – Writ – Validity – Carriage by sea – Alleged breach of contract – Writ and concurrent writ served on defendants in Greece and Cyprus – Greek law prescribed different period for validity of writ – Whether writ valid for four or six months – Whether […]
 1 WLR 82;  4 All ER 203 Conflict of Laws – Sovereign immunity – Visiting forces – United States serviceman serving in England treated at United States military hospital in England – Serviceman bringing action against United States government for personal injury – Whether right of action in England existing at common law […]
 1 WLR 82 Timothy Saloman Q.C. acted in a State immunity of U.S.A. matter concerning personal injuries inflicted on an army officer at a hospital on the RAF Lakenheath N.A.T.O. base.
 1 Lloyd’s Rep. 399 Adam Fenton – Carriage by sea – Jurisdiction – Application to strike out – Stay of action – Bills of lading issued by plaintiffs in respect of all but three containers – Loss of containers – Whether plaintiffs had sufficient interest to sue in negligence or for alleged breach of […]
 1 Lloyd’s Rep. 455;  3 WLR 42;  QB 701;  3 All ER 897;  1 Lloyd’s Rep. 81; (1992) 1 Re LR 158 Timothy Saloman was involved in a dispute under reinsurance contracts – Allegation of illegality – Whether illegality dispute covered by arbitration clause – Whether arbitration clause severable – […]
 2 Lloyd’s Rep. 560;  2 Lloyd’s Rep. 60 Jonathan Gaisman – Contract – Jurisdiction clause – Stay of proceedings – Sale of goods – Telex confirming sales contained clause “law – English competent forum London” – Whether parties agreed to English jurisdiction – Whether English Court had exclusive jurisdiction – Whether action should […]
 1 Lloyd’s Rep. 523 Dominic Kendrick – Bill of lading – Jurisdiction clause – Stay of action – Damage to cargo – Vessel arrested and action brought in England -Disputes under bill of lading to be decided in Norway – Whether action should be stayed – Whether arrest should be continued
 1 All ER 401;  1 Lloyd’s Rep. 137 Alistair Schaff – Practice – Limitation of time – Jurisdiction -Amendment to writ – Writ amended to substitute new defendant for defendant named in writ – Whether amendment made in time – Whether Court had jurisdiction to make ex parte order extending time for effecting […]
 1 Lloyd’s Rep. 41 Dominic Kendrick – Admiralty practice – Bail – Arrest of vessel – Shipowners domiciled in one of Contracting States of EC voluntarily gave bail to avoid arrest – Whether Admiralty Court deprived of jurisdiction to hear plaintiffs’ claim – Whether defendants submitted voluntarily to jurisdiction – Whether arrest valid
 2 Lloyd’s Rep.552 Alistair Schaff led David Bailey; and Charles Priday acted in this Important Court of Appeal (later European Court) decision on 1968 Brussels Convention on ‘lis alibi pendens’. Carriage by sea – Stay of action – Forum non conveniens – Damage to goods – Actions brought in Rotterdam and England – Whether […]
 2 Lloyd’s Rep. 261 Timothy Saloman – Carriage by sea – Jurisdiction – Damage to cargo – Sister ship arrested – Proceedings already begun in Netherlands – Whether English Court should decline jurisdiction – Whether plaintiffs justified in obtaining warrant of arrest – Whether warrant of arrest should be set aside – Civil Jurisdiction […]
 2 Lloyd’s Rep. 467 Dominic Kendrick – Practice – Application to set aside – Service out of jurisdiction – Bill of lading – Damage to cargo – Cargo-owners claimed as parties to the contract of carriage, for breach of a Brandt v. Liverpool type of contract and breach of non-contractual bailment – Whether claims […]
(1993) 2 Re LR 43;  2 Lloyd’s Rep. 251 Robert Bright – Jurisdiction – Reinsurance dispute – Domicile – Place of performance – Writ issued in England by United States cedants against Greek reinsurer – Whether cedants had good arguable case that place of performance of obligation was London – Whether telex messages exchanged […]
 1 Lloyds Rep. 353 – (Court of Appeal) Timothy Brenton – Freezing order, whether available in anticipation of a cause of action. Practice – Mareva injunction – Anticipatory breach – Sale of ship – Dispute referred to Arbitration – Plaintiffs anticipated breach of contract by buyers – Mareva injunction obtained ex parte to take […]
 1 Lloyd’s Rep. 325; (1992) 1 Re LR 360 Jonathan Gaisman – Reinsurance – Seisin – Stay of proceedings – Jurisdiction – Seisin – Brussels Convention 1968 – Proceedings in Italy and England in disputes between reassured, reinsurers, retrocessionaires and broker arising out of reinsurance programme – – Whether English court or Italian court […]
 1 AC 562,  3 WLR 297,  2 WLR 1321,  1 WLR 545,  3 All ER 641,  3 All ER 143,  3 All ER 124 Christopher Butcher – Arbitration – Award – Application for leave to appeal – Arbitration agreement under English law for arbitration to take place in […]
 1 ReLR 249;  1 Lloyds Rep 570;  2 All ER 82 Gavin Kealey – Practice and procedure – Jurisdiction – Service of writ outside the jurisdiction – Derivative claims -“Good arguable case” – Reinsurance-led environmental impairment liability pool covering United States risks – Disastrous losses resulting in complex disputes between parties – […]
 BCLC 301 Timothy Saloman – Non-immunity of Iraqi Embassy bank accounts in winding-up.
(1992) 1 Re LR 25;  1 WLR 415;  2 Lloyd’s Rep. 89;  1 All ER 740 Robert Bright – Practice – Writ – Service out of jurisdiction – Contract made by foreign plaintiff through agent within jurisdiction – Whether power to order service of writ out of jurisdiction
 2 Lloyd’s Rep. 48 Adam Fenton – Practice – Jurisdiction – Contract – Validity – Defendants denied contract concluded – Whether place of performance London – Whether action should have been brought in country of defendants’ domicile – Whether service of writ should be set aside – Whether Court had jurisdiction – Civil Jurisdiction […]
 1 Lloyd’s Rep 69;  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 […]
 2 Q.B. 631 Jonathan Gaisman – Practice – stay of proceedings – Jurisdiction under European Convention – Contract made in England between American insurer and English company for benefit of American subsidiary – Contract containing English jurisdiction clause – Proceedings commenced in England – Effective parties domiciled in United States – Application for stay […]
 1 Lloyd’s Rep 360 Timothy Saloman – Arbitration – Security for costs – LMAA Terms – Owners applied for security for costs – Whether LMAA Terms incorporated in agreement or by implication or usage – Whether arbitrators had jurisdiction to make order for security for costs.
 1 W.L.R. 488 Jonathan Gaisman – Practice – Writ – Service out of jurisdiction
 1 Q.B. 1078 Jonathan Gaisman – Practice – Writ – Service out of jurisdiction
 3 WLR 478;  1 QB 361;  2 All ER 1066 Charles Priday acted in this Leading case on the application of Civil Jurisdiction and Judgment Act 1982 and the 1968 Brussels Convention to Admiralty proceedings. Admiralty practice – Action in rem – Jurisdiction – Damage to cargo – Plaintiffs applied for judgment […]
 2 Lloyds Rep 257 Gavin Kealey – Admiralty practice – Stay of action – Disputes to be referred to Courts in Bremen – Damage to cargo – Writ served but vessel not arrested – Whether defendants submitted to jurisdiction of English Court – Whether action should be stayed
 1 Lloyd’s Rep 1 Timothy Saloman – Carriage by sea – Bill of lading – Non-delivery and damage to cargo – Whether owners liable under Italian law – Whether owners could rely on Hague Rules – Whether owners liable for incompetence of stevedores – Quantum.
 1 Lloyd’s Rep. 315 Dominic Kendrick – Practice – Reinsurance – Application to set aside – Whether reinsurance contracts made within the jurisdiction – Whether contracts governed by English law – Whether discretion should be exercised in favour of plaintiffs – Whether application to set aside should be granted
 3 WLR 606;  QB 1225;  3 All ER 682 Gavin Kealey – Practice – Stay of proceedings – jurisdiction – Turkish Cypriot company entering into construction contract for works in Libya – Counter-guarantee of advance payments by Turkish bank – Counter-guarantee secured by deposits by plaintiffs – Turkish bank paying under counter-guarantee […]
 1 Lloyd’s Rep. 29;  1 WLR 1359;  1 All ER 69 Dominic Kendrick – Practice – Security for costs – Third party application – Whether Court had jurisdiction to order plaintiffs to give security for costs of third party
 2 Lloyd’s Rep. 428 Jonathan Gaisman – Practice – Jurisdiction – Marine insurance
 1 Lloyd’s Rep. 283;  A.C. 711 Jonathan Gaisman – Admiralty practice – Action in rem – Warrant of arrest – Application to set aside warrant and writ – Whether action lay outside jurisdiction of High Court – Whether application should be granted.
 1 Lloyds Rep 291 Gavin Kealey – Admiralty practice – Stay of action – Jurisdiction clause – Damage caused to vehicles on board vessel – Whether action should be brought in Tokyo – Whether English action should be stayed.
 2 Lloyd’s Rep. 24;  1 Lloyd’s Rep. 368;  2 WLR 750;  AC 580;  2 All ER 6;  1 All ER 1;  3 WLR 906 Timothy Saloman – Conflict of Laws – Sovereign immunity – Diplomatic immunity – Expenditure in running diplomatic mission – Moneys in embassy bank accounts […]
 2 Lloyd’s Rep. 380 Jonathan Gaisman – Bill of lading – Stay of action – Exclusive jurisdiction clause – Practice – Stay of proceedings – Whether assignee of debt arising out of contract entitled to benefit of arbitration clause
 2 Lloyd’s Rep 102 Timothy Saloman – Admiralty practice – Stay of action – Jurisdiction clause – Damage caused to vehicles on board vessel – Whether action should be brought in Tokyo – Whether English action should be stayed
 2 Lloyds Rep 628 Timothy Brenton QC – Admiralty practice – Stay of action – Damages for personal injury – Indian seaman injured on board Indian vessel on high seas – Action brought in England – Whether stay would cause injustice to plaintiff – Whether action should be brought in India.
 2 Lloyd’s Rep 255 Timothy Saloman – Admiralty practice – Damage to cargo – Arrest of vessel – Defendants denied ownership of vessel – Whether jurisdiction of Court could be invoked – Whether vessel beneficially owned by defendant – Whether writ and all subsequent proceedings should be set aside – Administration of Justice Act, […]
 1 AC 244;  3 WLR 328;  2 Lloyd’s Rep. 367;  2 All ER 1064;  1 Lloyd’s Rep. 23 Timothy Saloman – Conflict of Laws – Sovereign immunity – Government-owned ship – Commercial transaction for supply of sugar from one state to another – Non-delivery of sugar on government orders following […]
 2 Lloyd’s Rep. 119 Jonathan Gaisman – Admiralty practice – Bill of lading – Foreign jurisdiction clause – Cargo alleged to be damaged on unloading – Cargo-owners commenced action for damage to cargo in England – Whether action should be stayed on the ground that parties agreed to refer disputes to Egyptian Court.
 1 WLR 1363;  2 Lloyd’s Rep. 402;  2 Lloyd’s Rep. 106;  3 All ER 567 Gavin Kealey – Practice – Third party proceedings – Service out of jurisdiction – CMR contract for shipment of diesel engines from Scotland to Amsterdam – Goods shipped to Europoort by English carriers – Dutch carriers […]
 1 Lloyd’sRep. 184 Timothy Saloman was involved in this practice-Action in rem-Jurisdiction- Whether vessel beneficially owned by defendants- Whether writ and all subsequent proceedings should be set aside for lack of jurisdiction- Whether cargo-owners’ action time barred- Administration of Justice Act, 1956, s.3(4)- R.S.C., O. 18, r. 19.