N G Casey KC

Selected cases:

• Noel has extensive experience of claims for brokerage on the sale of luxury yachts, having represented brokers seeking commission under the MYBA form.
• Noel recently obtained a prohibitory injunction on behalf of the buyers of a very valuable commercial vessel, preventing the seller from taking steps to sell her to a third party.
• Noel has recently acted on a substantial arbitration arising out of a contract for the provision of service vessels to a substantial construction project in the CIS.
• Noel acted on a successful claim for breach of a contract for the sale of a container vessel.
• Noel recently acted on a charterparty claim arising out of the failure of a refrigerated vessel to maintain a sufficiently low temperature.
• France v Discovery Yachts [2019] EWHC 3553 (Comm): Noel acted for Andrew France in his successful claim against Discovery Yachts for defects in a new-build sailing yacht. The claim was reported in the national press under the sobriquet “HMS Disappointment”. In circumstances where Mr France’s contractual counterparty was insolvent, Noel successfully argued that the parent company of the Discovery Yachts group had assumed responsibility for the repair of defects.
• Noel has represented the purchaser of a luxury yacht in an arbitration arising out of the applicable yacht construction agreement. The dispute covered a number of technical yacht-building issues, many of which Noel has dealt with unled.
• Noel acted on behalf of the charterers of three vessels in a reference to arbitration which resolved various disputes about the calculation of hire and the responsibility for various costs that owners were seeking to allocate to charterers.
• Xstrata Coal Queensland & Others v Benxi [2016] EWHC 2022 (Comm). Noel (led by David Lewis KC of 20 Essex Street) successfully represented the applicants on an application for an extension of the time allowed to apply to an arbitral tribunal for correction of an award.
• Noel (led by David Allen KC) acted for the purchaser of a luxury yacht in an arbitration dealing with the yacht’s technical performance.
• Noel acted for charterers in a reference arising out of the supply of contaminated bunkers.
• Noel represented the owners of a luxury yacht in a substantial arbitration spanning several weeks. The reference raised both intellectual property and practical shipbuilding issues. Noel was led by David Allen KC at the main hearing, but dealt with all interlocutory matters himself.
• Noel represented the owners of a vessel in a Hong Kong arbitration arising out of a charterparty. The key question was the identity of the owners’ contractual counterparty.
• Noel represented the claimant owner in an arbitration arising out of an incident of crane damage. The case necessitated extensive cross-examination of experts on engineering and metallurgy.
• The Falkonera [2013] 1 Lloyd’s Rep. 582. Noel (led by David Allen KC) acted for the successful defendants. The defendants were the charterers of a Very Large Crude Carrier (VLCC). They asked the owners to approve a ship-to-ship transfer with another VLCC. The owners refused. The central question at trial was whether or not that refusal was reasonable.
• The Kyla [2013] 1 Lloyd’s Rep. 565. This case raised the question of whether or not a charterparty was frustrated when the subject vessel was damaged in the course of service. In the original arbitration, it was held that the charterparty was frustrated. On appeal to the Commercial Court, Flaux J. held that it was not. Noel (led by Dominic Kendrick KC) acted for the successful charterers.
• Azimut-Benetti v Healey [2011] 1 Lloyd’s Rep. 473. Noel acted for the defendant on an application for summary judgment. The application centred on the question of whether or not a liquidated damages clause in a yacht construction contract was enforceable.
• Berezovsky v Edmiston & Company [2011] 1 Lloyd’s Rep. 419. Noel (led by Stephen Hofmeyr KC) acted for Edmiston & Co on its successful claim for brokerage against the late Boris Berezovsky.
• Noel was instructed as junior counsel in an arbitration under a charterparty on an amended BHPTIME form. This reference involved issues of construction and estoppel by convention.
• Noel acted as junior counsel for the claimants in a shipbuilding arbitration. The question before the arbitrators was whether or not the buyers of a new-build vessel were entitled to cancel the shipbuilding contract for delay.
• Noel acted for the claimant in an arbitration under the rules of the Mediterranean Yacht Brokers’ Association. The reference centred on allegations of misrepresentation.
• The Eternity [2009] 1 Lloyd’s Rep 107. Noel was instructed as junior to Gavin Kealey KC in this case which involved a consideration of: the effect of the incorporation of the Hague-Visby Rules into a charterparty on the BP Voy form; and the operation of the demurrage provisions in that form.
• Noel was instructed as junior counsel in a two and a half week LMAA arbitration between a P&I Club and one of its members.