Andrew Carruth

Called: 2013

Practice Overview

Andrew undertakes a broad range of commercial work with an emphasis on shipping (wet and dry), commodities, international trade and insurance (marine and non-marine).  

Andrew regularly appears in the High Court (including the Commercial Court and the Admiralty Court) as well as in arbitrations. Notable recent and on-going cases include:

  • High Court Case (ongoing) - sole counsel in a claim for a constructive total loss under a policy of marine insurance.
     
  • High Court Case (ongoing) (led by John Kimbell QC) - a claim for £40m of damage to a subsea pipeline caused by a vessel's anchor.
     
  • LMAA Arbitration (2017) - sole counsel for the successful owners in a five-day arbitration concerning a claim for damage to vessels and unpaid hire in the amount of US$2.3m. The case raised issues about conditions precedent to re-delivery, indemnities, liquidated damages and mitigation.
     
  • LMAA Arbitration (2017) (led by David Goldstone QC) - a claim under a guarantee for unpaid hire of over US$20m. The case raised issues as to the circumstances in which a guarantor will be discharged by virtue of variations to the underlying contract.
     
  • LMAA Arbitration (2017) (led by John Kimbell QC) - a case concerning the construction of a series of vessels in China and rights of cancellation for delay.
     
  • Ad Hoc Arbitration (2016) (led by Lionel Persey QC) - a claim for amounts owed by a contractor to a sub-contractor under a salvage contract on Wreckfixed 2010 terms.
     
  • The "Nordlake" v The "Seaeagle" [2015] EWHC 3605 (Admlty); [2016] 1 Lloyd's Rep. 656 (led by Lionel Persey QC) - a collision action involving the apportionment of liability between multiple vessels, arising out of a collision in 2011 and the sinking of the frigate INS Vindhyagiri.
     
  • LMAA Arbitration (2015) (led by John Kimbell QC) - a case concerning delay to a voyage resulting from a collision with an unknown object. The case involved issues including unseaworthiness, negligent navigation, reasonable despatch, remoteness of damage and wrongful arrest.
     
  • High Court Case (2014) (led by John Russell QC) - a claim for €4m under a credit insurance policy.

Prior to joining Chambers, Andrew completed an LLM in International Commercial Law with a particular focus on the carriage of goods by sea, international trade and marine insurance. He has also undertaken secondments at a leading London shipping law firm and in the insurance industry.

  • Shipping & Maritime K View More

    Dry Shipping

    Andrew specialises in dry shipping, commodities and transport disputes. He has extensive experience of advising, drafting and advocacy in relation to claims under charterparties and bills of lading, both in court proceedings and in arbitrations. 

    Andrew’s cases have concerned all areas of dry shipping, including cargo claims, freight and hire disputes, stowage issues, stevedore damage claims, dangerous cargo, unsafe ports, laytime and demurrage disputes, issues of delivery and re-delivery, bunker disputes and vessel speed and performance issues.

    He has handled numerous arbitration claims, including applications for permission to appeal under s.69 of the Arbitration Act 1996, challenges under s.68 of the Act and applications for the appointment of arbitrators.

    Andrew also has experience of cases involving the international carriage of goods by road under the CMR.

    Illustrative cases include:

    • LMAA Arbitration (2017) - sole counsel for the successful owners in a five-day arbitration concerning a claim for damage to vessels and unpaid hire in the amount of US$2.3m. The case raised issues about conditions precedent to re-delivery, indemnities, liquidated damages and mitigation.
       
    • LMAA Arbitration (2017) (led by David Goldstone QC) - a claim under a guarantee for unpaid hire of over US$20m. The case raised issues as to the circumstances in which a guarantor will be discharged by virtue of variations to the underlying contract.
       
    • LMAA Arbitration (2015) (led by John Kimbell QC) - a case concerning delay to a voyage resulting from a collision with an unknown object. The case involved issues including unseaworthiness, negligent navigation, reasonable despatch, remoteness of damage and wrongful arrest.
       
    • High Court Case (2015) - sole counsel in a High Court case involving a claim for demurrage and damages for repudiatory breach of a voyage charterparty.
       
    • LMAA Arbitration (2015) (led by John Kimbell QC) - a stevedore damage claim.
       
    • High Court Case (2015) - an interpleader (or 'stakeholder') claim arising out of a freight and demurrage dispute worth US$2.25m. The dispute raised issues relating to the exercise of liens over cargo and sub-freight, as well as the right to intercept bill of lading freight.


    Wet Shipping

    Andrew has significant experience of wet shipping disputes.

    Illustrative cases include:

    • The "Nordlake" v The "Seaeagle" [2015] EWHC 3605 (Admlty); [2016] 1 Lloyd's Rep. 656 (led by Lionel Persey QC) - a collision action involving the apportionment of liability between multiple vessels, arising out of a collision in 2011 and the sinking of the frigate INS Vindhyagiri.
       
    • High Court Case (ongoing) (led by John Kimbell QC) - a claim for £40m of damage to a subsea pipeline caused by a vessel's anchor.
       
    • Ad Hoc Arbitration (2017) - a claim for amounts owed under a salvage contract on Wreckhire 2010 terms.
       
    • Ad Hoc Arbitration (2016) (led by Lionel Persey QC) - a claim for amounts owed by a contractor to a sub-contractor under a salvage contract on Wreckfixed 2010 terms.
       

    Andrew also has experience of personal injury and fatal accident claims in the Admiralty Court, including cases involving the Athens Convention.

  • Commercial Dispute Resolution K View More

    Andrew undertakes a large amount of general commercial litigation both in court and in arbitration. His previous cases in this area have involved a diverse range of issues, including claims relating to the sale and supply of goods and services, claims relating to the storage of goods, claims for unpaid fees and claims for breach of settlement agreements. He routinely handles cases involving multiple causes of action such as breach of contract, negligence, conversion, bailment and unjust enrichment.

    During pupillage, Andrew was involved in two notable cases:

    • Mar-Train Heavy Haulage Ltd v Shipping.DK Chartering A/S [2014] EWHC 355 (Comm) - a case involving issues of agency and the conflict of laws.
       
    • Hirtenstein v Hill Dickinson LLP [2014] EWHC 2711 (Comm) - a claim concerning negligence in relation to a personal guarantee of the condition of a superyacht.
  • International Trade & Commodities K View More

    Andrew has experience of handling international trade cases, typically sales on FOB, CIF, C&F, FAS, or other such terms.

  • Insurance & Reinsurance K View More

    Andrew has a general interest in insurance and marine insurance matters of all kinds and has been involved in a number of such cases. He also regularly advises on issues of policy interpretation.

    Notable cases include:

    • High Court Case (ongoing) - sole counsel in a claim for a constructive total loss under a policy of marine insurance.
       
    • High Court Case (2014) (led by John Russell QC) - a claim for €4m under a credit insurance policy.
       

    Before joining Chambers, Andrew worked in the insurance industry. He has also spent time seconded to the legal team of a leading London insurer where he advised on policy interpretation and coverage issues as well as on matters of claims handling.

  • Energy & Natural Resources K View More

    Andrew has experience of working as part of a team in large-scale energy disputes. His previous cases in this area have involved the construction of oil rigs and damage to pipelines.

  • Shipbuilding K View More

    Andrew has been involved in a number of disputes under shipbuilding contracts, especially cases concerning delay and cancellation.

    Illustrative cases include:

    • LMAA Arbitration (2017) (led by John Kimbell QC) - a case concerning the construction of a series of vessels in China and rights of cancellation for delay.

Academic


LLB, King’s College London (First Class).
LLM, UCL (Distinction).
BPTC, BPP Law School (Outstanding).

Awards


Inner Temple Pupils’ Advocacy Prize.
Inner Temple BPTC Performance Prize.
Inner Temple Exhibition Award.
Atkin Chambers Commercial Law Moot (Winner).

Languages


German (intermediate).
French (basic).

In-House Experience


Placement at a leading London shipping law firm (October 2014).
Seconded to a leading insurance company
(February-March 2015 and February-March 2016).

Memberships


COMBAR.
YMP Committee.

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