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) and the County Courts as well as in arbitrations. Notable recent and on-going 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.
     
  • LMAA Arbitration - sole counsel in a five-day arbitration concerning a claim for damage to vessels and unpaid hire. The case raised issues about conditions precedent to re-delivery, indemnities, liquidated damages and mitigation.
     
  • LMAA Arbitration (led by David Goldstone QC) – a claim under a guarantee for unpaid hire.
     
  • LMAA Arbitration (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 (led by John Russell QC) – a claim 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, 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 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 - sole counsel in a five-day arbitration concerning a claim for damage to vessels and unpaid hire in the amount of $2.3m. The case raised issues about conditions precedent to re-delivery, indemnities, liquidated damages and mitigation.
       
    • High Court case – sole counsel in a High Court case involving a claim for demurrage and damages for repudiatory breach of a voyage charterparty.
       
    • LMAA Arbitration (led by David Goldstone QC) – a claim under a guarantee for unpaid hire.
       
    • LMAA Arbitration (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.
       
    • LMAA Arbitration (led by John Kimbell QC) - a stevedore damage claim.
       
    • High Court case – 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 acted in 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. He is also currently working on an anchor dragging case in the High Court and disputes concerning salvage agreements.

    Andrew has experience of personal injury and fatal accident claims, including cases involving the Athens Convention. He is currently acting in multiple such cases in the Admiralty Court.

  • 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.

  • Commercial Dispute Resolution K View More

    Andrew has experience of numerous general commercial disputes both in court and in arbitration. In particular, he has handled numerous cases resulting from the loss of or damage to goods stored in warehouses. He is also regularly instructed in cases relating to the sale of goods or supply of services.

    Notable cases include:

    • Mar-Train Heavy Haulage Ltd v Shipping.DK Chartering A/S [2014] EWHC 355 (Comm) (during pupillage) – a case involving issues of agency and the conflict of laws.
       
    • Hirtenstein v Hill Dickinson LLP [2014] EWHC 2711 (Comm) (during pupillage) – a claim concerning negligence in relation to a personal guarantee of the condition of a superyacht.
  • 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 is currently instructed in a High Court case involving a €4 million claim under a credit insurance policy. He has also recently advised on a marine insurance case worth $1.5m and successfully represented an insurer in a claim for a return of premium.

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

  • Shipbuilding K View More

    Andrew has experience of disputes under shipbuilding contracts, especially cases concerning delays and cancellation.

  • Energy & Natural Resources K View More

    Andrew accepts instructions in this area.

  • Injunctions K View More

    Andrew has experience of advising and drafting in relation to applications for freezing injunctions.


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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