Christopher Jay

Called: 2009

Practice Overview

Chris’s practice encompasses a wide range of commercial disputes in both litigation and arbitration, with a particular emphasis on shipping, commodities, international trade, energy, insurance and shipbuilding.  Chris regularly represents clients in the High Court and County Court and in London and International Arbitrations.  Recent cases include:

  • “The Alexandros T”.  Chris was instructed as junior counsel by Charles Taylor Adjusting Limited in relation to this important litigation, which included jurisdictional disputes concerning the effect of Arts. 27 and 28 of the Judgments Regulation and the scope and effect of various settlement agreements between the insurers and vessel owners arising out of the loss of the “Alexandros T”.  In [2014] 2 Lloyd’s Rep 479, the High Court determined that Charles Taylor Adjusting Limited was entitled to the benefit of the settlement agreements.  Led by Stephen Cogley QC.
  • C -v.- D.  Chris is instructed as junior counsel by an energy and commodity trading company in relation to a contractual dispute arising out of a joint operating agreement relating to a liquefied petroleum gas plant, which is currently being determined pursuant to the UNCITRAL 1976 arbitration rules.  Chris also represented the same clients in [2014] EWHC 3245 (Comm) in their successful High Court application for a worldwide freezing injunction against their counterparty up to the value of USD105m and subsequent High Court hearings.  Led by Robert Thomas QC.
  • Shipping & Maritime K View More

    Chris regularly undertakes advocacy, drafting and advisory work in this area.  Examples of Chris’s experience include the following:

    • Charterparty disputes.  Including disputes arising under both voyage and time charters.  Issues that frequently arise include laytime and demurrage disputes, speed and consumption claims, off-hire, unsafe ports and early and late redelivery disputes.
    • Bills of lading disputes.  Including disputes relating to Hague/Hague-Visby Rules issues, carriage disputes, and issues connected with the incorporation of arbitration and jurisdiction clauses.
    • Commodities.  Including cargo claims and disputes relating to the proper construction of international commodities contracts.
    • Carriage by road.  Including claims under the RHA and BIFA standard terms, and CMR claims.

    Chris recently appeared as junior to M.N. Howard QC in a two week arbitration under the ICC Rules relating to a long-term contract for the sale of woodchips.  The case raised issues regarding the respective obligations of buyers and sellers to meet phytosanitary standards on imports, the communication of acceptance of a repudiatory breach, and issues connected with misrepresentation.

    In a recent LMAA arbitration, Chris represented vessel owners as sole counsel in relation to disputes under a Baltime 1939 charterparty, which embraced disputes concerning overconsumption of bunkers and the time of vessel’s redelivery.

  • Shipbuilding K View More

    Chris has been instructed by a number of Chinese and European shipyards in relation to shipbuilding disputes (led by James M. Turner QC and Simon Rainey QC), and has also advised buyers in shipbuilding cases.  These cases have involved a plethora of issues including: delay (delay analysis; damages at large and liquidated damages; rescission and repudiation; the “prevention principle”); defective design; coating failures; intellectual property and confidentiality; refund guarantees; and warranty claims and repairs.

  • Energy & Natural Resources K View More

    Chris recently represented an energy and commodity trading company (as junior to Robert Thomas QC) at a one week liability hearing in relation to a USD100m dispute arising out of a joint operating agreement for a liquefied petroleum gas plant.  The dispute included the nature of the parties’ respective investment obligations, whether one party was precluded from terminating the agreement by an alleged delay in the exercise of its rights, and the parties’ rights and obligations arising from a valid termination.

  • Commercial Dispute Resolution K View More

    “The Alexandros T”.  Chris (as junior to Lionel Persey QC) advised Charles Taylor Adjusting Limited, which had acted as the claims handler for cargo insurers following the loss of the m/v “Alexandros T”, in relation to the jurisdictional disputes arising from the vessel owner’s claim against CTa in Greece, in particular relating to the effect of Arts. 27 and 28 of the Judgments Regulation.  Chris and Lionel Persey QC represented CTa at its successful application to join English proceedings between the vessel owner and the hull and machinery insurers that had been settled before the Greek action commenced.  Following the hull and machinery insurers’ successful appeal to the Supreme Court, Chris (as junior to Stephen Cogley QC) represented CTa in its successful application to the High Court ([2014] 2 Lloyd’s Rep 479) to claim the benefit of the indemnities contained in various settlement agreements between the vessel owners and the hull and machinery insurers.

    C -v.- D [2014] EWHC 3245 (Comm) and [2015] EWHC 119 (Comm).  Chris recently represented an energy and commodity trading company (as junior to Robert Thomas QC) in a successful application for a freezing injunction up to the value of USD105m in support of an international arbitration.

    Chris was recently instructed (as junior to Stephen Cogley QC) by T.M. Lewin (Nigeria) in relation to a jurisdictional dispute, which relates to whether the English Court is the forum conveniens for the determination of a dispute relating to intellectual property rights and contractual distribution rights in Nigeria.

    Chris was instructed in relation to a dispute concerning the ownership of bunkers on board a ship chartered to STX Pan Ocean.  More recently, Chris has been instructed by vessel owners in relation to a number of bunker disputes arising out of the OW Bunkers insolvency.

  • Banking & Financial Services K View More

    Chris is regularly instructed in relation to a range of matters relating to banking and financial services, including: guarantees; fraud; consumer credit; disputes relating to loan agreements and lease-hire agreements.  Recent instructions include:

    • Chudley & Bean v. Clydesdale Bank (Commercial Court) – A case concerning a claim in which there are allegations of fraud against a Bank, arising from transactions which were processed by the bank through a client account in the name of one of their customers. The claim involves issues of breach of fiduciary duty, dishonest assistance, negligent misrepresentation and breach of contract (Led by Stephen Cogley QC).
    • Intrinsic Financial Planning Ltd -v.- Riley (Cambridge County Court).  A case concerning a claim under a director’s guarantee.  Chris represented the former director as sole counsel and successfully defended the claim on the basis that the liability fell outside the general purview of the guarantee.
    • Toomey Leasing Group -v.- Hymas (Southend County Court).  A case concerning a claim under a director’s guarantee.  Chris represented the lender, which was successful in its claim against the guarantor.

    Chris is also regularly instructed to represent major banks and credit card companies, including in relation to debt claims and claims under mortgages.  In the past, Chris frequently acted for banks in relation to claims for mis-sold PPI.

  • Insurance & Reinsurance K View More

    Chris has experience of a range insurance and reinsurance matters, both marine and non-marine.  Recent instructions have included:

    • Advising in relation to the recoverability of losses flowing from a helicopter casualty under an Energy Package Policy.
    • Advising and undertaking drafting in relation to disputes under P&I insurance policies.
    • Advising in relation to the application of the rule in Sprung -v.- Royal Insurance [1999] 1 Lloyd’s Rep 111.
  • International Arbitration K View More

    Much of Chris’s work involves international arbitration.  Chris has experience of arbitrations under the UNCITRAL and ICC Rules as well as under the LMAA Rules. 

  • Insolvency & Restructuring K View More

    A number of Chris’s cases have involved insolvency aspects, including issues relating to the Cross-Border Insolvency Regulations 2006.

    • Heroic Warrior Inc -v.- STX Pan Ocean Co Limited (Chancery Division, 04446 of 2013). Chris was instructed (as junior of Stephen Cogley QC) to make an urgent application to protect his client’s position in the international insolvency context, whilst allowing it to pursue claims in England.  The client obtained an order that confirmed that steps taken by it in rehabilitation proceedings in South Korea would not constitute a submission to the Courts of South Korea to the exclusion of its rights under a contract that provided for exclusive English jurisdiction and would not operate to estop the client from pursuing its claims in England.  The case involved issues under the UNCITRAL Model Law on Cross-Border Insolvency and the Cross-Border Insolvency Regulations 2006; it establishes a potentially important route by which claimants can protect their jurisdictional rights in the international insolvency context.
    • Recently, Chris has been instructed by a number of owners in respect of issues arising from the insolvency of OW Bunkers.
  • Aviation & Travel K View More

    Chris regularly accepts instructions in this core area of Chambers work.  He undertakes advisory and drafting work and has represented a number of major airlines and travel agents, as well as individual claimants, in the County Court in claims related to (inter alia) the Montreal Convention, EC Regulation 261/2004, bailment, personal injury, and general contractual issues.

  • Admiralty K View More

    Chris regularly advises and represents clients in respect of Admiralty disputes, and undertakes drafting.  Examples of Chris’s experience in this area include the following:

    • Advising in relation to the scope of Admiralty jurisdiction under s. 20 Senior Courts Act 1981.
    • “Westwind II”.  Chris acted as sole counsel for the Portland Harbour Authority in relation to an application for the appraisement and sale pendente lite of the vessel and the determination of the priority of claims.
    • Issue relating to whether charterers were entitled to limit their liability in respect of a wreck removal recourse claim by reference to the Convention for Liability for Maritime Claims 1976 and the 1996 Protocol.

Academic


B.A. (Oxon.), English Literature, 1st Class.
Graduate Diploma in Law (College of Law), Distinction

Other Qualifications


Inner Temple Major Scholar (2008-2009), Inner Temple Duke of Edinburgh Entrance Scholarship (2008)

Pro Bono


Chris is willing to accept pro bono work.

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