Simon Croall QC

Called: 1986 Silk: 2008

Practice Overview

Simon Croall is an established commercial silk who has appeared in every court (including twice in the House of Lords). He is a sought after trial advocate as well as being respected in the appellate courts.  In recent years much of his work has been in the context of International Arbitrations.

He led the team for Owners in landmark House of Lords case on remoteness in contract damages Transfield Shipping v Mercator Shipping ("The Achilleas") [2009] 1 AC 61. Recent reported highlights include another important case on damages Fulton Shipping v Globalia (The New Flamenco) in both the Court of Appeal [2015] EWCA 1299 and below [2014] 2 Lloyd’s Rep. 230, Essar Shipping v Bank of China [2015] EWHC 3266 on factors relevant to the grant of anti suit injunctions, AET Inc v Arcadia Petroluem (“The Eagle Valencia”) [2010] 2 Lloyd’s Rep. 257 (Court of Appeal), Mediterranean Salvage v Seamar [2009] 2 Lloyd's Rep. 639/ [2009] 2 All ER 1127 (Court of Appeal) on implied terms and Dalwood Marine v Nordana Lines (“The Elbrus”) [2010] 2 Lloyd’s Rep. 315.

Simon is particularly well known for his experience in the following fields: dry shipping and commodities, commercial litigation, International Arbitration, energy,  insurance and Information Technology (see for example De Beers v Atos Origin [2011] BLR 274, a claim arising out of a large scale IT project). He also has a global practice with a depth of experience working with Chinese and south east Asian clients.

This was recognised by his ranking as a leader in International Arbitration by Chambers Asia Pacific 2016 and in International Arbitration (both Commercial and Shipping) the Legal 500 Asia Pacific Guides.

He is also a recommended leader in 2016 for Shipping and Commodities (Legal 500 and Chambers UK), Commercial Litigation (Legal 500), Energy (Legal 500) and Information Technology (Legal 500 and Chambers UK).  He was also ranked amongst the top 6 most highly regarded silks in International Trade and Commodities by Whos Who Legal UK Bar 2016. Comments from these and previous editions of directories include:

  • "...he has handled some of the biggest cases in the shipping world in the last ten years, and argued in a far more inventive way than a straight shipping lawyer might have..."
  • “...impresses with the sheer firepower of his intellect”  “… super- smooth advocate …"
  • “… not only is he a marvellous arguer of a case, but he is also an excellent at managing clients’ expectations …”
  • "He is excellent with clients. They love him since he is really sensible, but tough."
  • “...a highly sought after advocate...”; with  “...a truly global practice...”
  • What the directories sayView More

    • "...Very good at presenting the merits of an argument..."

      (Legal 500, 2016)
    • "He has a real ability to look at things dispassionately in a forensic way." "He's thorough, experienced and good to work with."; "He is excellent with clients. They love him since he is really sensible, but tough."

      (Chambers UK, 2016
    • "...smart and efficient..."; "...clear and definite advice..."; "...very, very accurate..."

      Chambers Asia-Pacific, 2016)
    • “…he brings formidable judgement to cases involving contracts...”; “…very experienced and charming, and makes the most of difficult cases…”; “…a relaxed and very user-friendly silk…”; “…a top-quality advocate…”

      (The Legal 500, 2015)
    • "...he's really sharp and massively bright - he's a joy to work with and very, very client-friendly..."

      (Chambers UK, 2015)
    • “…learned, comprehensive and sharp…”; “…a popular choice for instructing law firms in China and beyond…”

      (The Legal 500 Asia Pacific, 2015)
    • “...he has a strong global practice ... and is a trusted name in international arbitration...”; “...a fantastic advocate...”; “...his trade and commodities work is second to none...”

      (Whos Who Legal UK Bar 2015)
    • “...go-to for shipping and commodities issues..."; "...a very safe pair of hands, who's extremely good with clients...”

      (Chambers Asia-Pacific, 2015)
    • “...particularly talented and very personable; he really knows his stuff..."; “...incredibly bright, always engaging….”

      (Legal 500 2014)
    • "...he is a very busy and efficient practitioner..."; "...quick and commercial in providing his advice; he has fantastic judgement..."; "...very experienced, intelligent and dependable..."

      (Chambers UK, 2014)
  • Shipping & Maritime K View More

    Simon is in demand in a broad range of disputes, including all aspects of shipping, commodities and international trade. He also acts on a high volume of cases involving Far Eastern, especially Chinese clients.

    A regular in the Commercial court, he is increasingly brought in for complex appeals including the landmark House of Lords decision in: The Achilleas, one of the most important recent cases in contract law , The New Flamenco,The Reborn, The Eagle Valencia and The Elbruss. Simon has also been involved recently in a series a high value international arbitrations arising out of long terms Contracts of Affreightment and Charterparties.

    Simon is also highly experienced in arbitrations, including those under ICC, LCIA, SIAC, HKIAC, LME and LMAA rules.

    He is for many years now been also a recommended leader for Shipping and Commodities (Legal 500 and Chambers UK) and was also identified as one of the top 6 most highly regarded silks in International Trade and Commodities by Whos Who Legal UK Bar 2016. He is lauded as to the “ go to man for shipping and commodities” by Chambers Asia Pacific 2015

    Recent and notable cases include:

    • Fulton Shipping v Globalia (The New Flamenco) [2015] EWCA 1299 (Court of Appeal) and  [2014] 2 Lloyd’s Rep. 230 (Commercial Court) on the assessment of damages and the role of mitigation in the context of the repudiation of time charters
    • Essar Shipping v Bank of China [2015] EWHC 3266 on factors relevant to the grant of anti suit injunctions.
    • AET Inc v Arcadia Petroluem (“The Eagle Valencia”) [2010] 1 Lloyd’s Rep. 593 (Comm CT) and 2 Lloyd’s Rep. 257 (Court of Appeal), the Appeal Court’s first consideration of demurrage time bars in recent times.
    • Mediterranean Salvage v Seamar [2009] 2 Lloyd's Rep. 639/ [2009] 2 All ER 1127 on implied terms from the Court of Appeal
    • Dalwood Marine v Nordana Lines (“The Elbrus”) [2010] 2 Lloyd’s Rep. 315. the latest word on implied terms from the Court of Appeal
    • Transfield Shipping v Mercator Shipping ("The Achilleas") [2009] 1 AC 61 as well as previously in the Court of Appeal [2007] 2 Lloyd's Rep. 555 and Commercial Court [2007] 1 Lloyd's Rep. 19
    • Rafaela S [2005] 2 AC 423 (another House of Lords appearance) and in the Court of Appeal [2003] 2 Lloyd's Rep. 113 (CA).
    • Also Front Carriers v Atlantic & Orient [2007] 2 Lloyd's Rep. 131 (repudiation of time charter), Mass Glory [2002] 2 Lloyd's Rep. 244 (claim for damages for detention, including rulings on effect of valid NOR's), and Evergreen Marine v Aldgate Warehouse [2003] 2 Lloyd's Rep. 597 (liner freight agreements).
  • Shipbuilding K View More

    Shipbuilding forms a very substantial part of Simon’s practice. Over the last four years Simon has acted as lead Counsel in a series of International arbitrations in these fields with a particular emphasis on shipbuilding. Much of his work in this field involves Far Eastern, especially Chinese, clients.

    Most disputes in this field are arbitration and hence confidential. Recent arbitrations includes deliverability disputes relating to two bulk carriers, disputes relating to the terms of Refund Guarantees and Performance Bonds, disputes relating to the formal requirements of contracts, and technical disputes relating to the construction of two  VLCCs.

     Simon is also in demand in a broad range of commercial and technical disputes relating to exploration for, extraction of, trading of and movement of the major energy sources. His knowledge in particular of international trade and commercial litigation means that he is increasingly acting on disputes relating to the trading of oil and petroleum products. However he is equally at home in technical disputes as his extensive involvement with far eastern clients working on cases relating to the construction and conversion of important parts of energy infrastructure.

    Again most disputes are confidential, however recent cases have involved offshore supply disputes, coal trading disputes and oil trading and supply disputes such as Glencore v Total Kenya Limited, a commercial court action which settled in 2013, relating to the supply and storage of oil to Kenya in which Simon acted for Glencore.

  • Information Technology K View More

    Simon is a popular leader in Information technology and related disputes. He has acted and continues to act in large and complex disputes relating to the design, implementation and operation of systems.

    His technology work has focussed on large IT projects and is reflected by De Beers v Atos Origin [2011] BLR 274, a claim arising out of a large scale IT project, where he successfully led the team in the TCC. He has also been involved in high profile arbitrations including representing a major Middle East airline in an international arbitration in London against a software provider over an online booking system relating to unpaid commissions at a hearing late in 2010.

    Simon also acted in Wincor Nixdorf v Triversity case in 2009 relating to an EPOS system in a UK wide retailer and for T- Mobile in Commercial Court dispute relating to royalties due upon the use of systems for accessing services.

    Simon is consistently recommended as an Information Technology ‘Leading Silk’, in both Chambers UK and The Legal 500. Praise within recent editions includes:

    • "...he's a joy to work with and very,very client-friendly..."
    • "...incredibly bright, always engaging and always interested..."
    • "...he has fantastic judgment.."
    • “...his forensic, incisive, clear and commercial aware approach is particularly suited to factually dense cases in IT”
    • “…he impresses with “the sheer firepower of his intellect…”
    • “…pragmatic and bright, and gets to the answer quickly..."
  • Commercial Dispute Resolution K View More

    Simon is an established commercial leader both for litigation and international arbitration. Highlights include:

    • He Led the team for Owners in landmark House of Lords case on remoteness in contract damages Transfield Shipping v Mercator Shipping ("The Achilleas") [2009] 1 AC 61 as well as previously in the Court of Appeal [2007] 2 Lloyd's Rep. 555 and Commercial Court [2007] 1 Lloyd's Rep. 19;
    • He acted for Glencore in a series of disputes including a recent commercial court action against Total Kenya involving claims arising out of the trading of oil.
    • He is acting for a major Middle East airline in an international arbitration against software provider for online booking about unpaid commissions.
    • He has appeared in a series of International Arbitrations (LCIA, ICC, LMAA) in relation to matters as diverse as copper trading, Liner Conferences, international franchise agreements and petrochemical refining and trading.
  • International Arbitration K View More

    Simon is an established commercial leader frequently appearing in international arbitrations. He is particularly well known for his work with South East Asian (especially Chinese clients) as has been noted by Chambers Asia-Pacific 2015 who rank him amongst only a handful of UK leaders in International Arbitration. He has been described as “a trusted name in international arbitration” (Whos Who Legal UK Bar 2015).

    Recent highlights include:

    • He has acted in a series of international disputes relating to the construction of commercial vessels such as VLCCs, capesize bulk carriers and other bulk carriers.
    • He has acted for Chinese clients in disputes over long carriage and import contracts for iron ore both in London and Hong Kong.
    • He has appeared in a series of International Arbitrations (LCIA, ICC, LMAA) in relation to matters as diverse as copper trading, Liner Conferences, international franchise agreements and petrochemical refining and trading.
    • He acted for major Middle East airline in an international arbitration against software provider for online booking about unpaid commissions.
    • He appeared in ASM v Harris and others [2008] 1 Lloyd's Rep. 61 (Comm Court) following on from related cases on bias in the same dispute, namely ASM Shipping v TTMI [2007] 1 Lloyd's Rep. 155 (CA) and ASM Shipping v TTMI [2007] 1 Lloyd's Rep. 131.

    Simon also sits as an arbitrator. He is a supporting member of the LMAA and is a panel arbitrator for the Kuala Lumpur Regional Centre for Arbitration (KLRCA).

  • Insurance & Reinsurance K View More

    Simon Croall is frequently involved in and at home with all types of insurance and reinsurance disputes. Notable cases include:

    • Tryg Baltica v Boston Sefuos and others [2005] Lloyd`s Rep IR 40 relating to the effect of pesification in Argentina upon underlying insurance and London reinsurance contracts
    • Markel & others v La Republica Compania Argentina de Seguros Gerneralis AS and others [2005] Lloyd`s Rep IR 90 relating to the incorporation of a jurisdiction clause into a policy of reinsurance;
    • John Pike v Independent Insurance Co. [1998] Lloyd's Rep. IR 410 Court of Appeal an insurance claim involving the construction of a standard form theft policy.

"...he's really sharp and massively bright - he's a joy to work with and very, very client-friendly..."

(Chambers UK, 2015)

Academic


MA Cantab (Law) 1st Class Honours

Memberships


COMBAR, LCLCBA, LLMA (Supporting), Society of Computers and the Law

Return to Barristers

Our barristers section has a Shortlist feature. You can use this to gather together the profiles of members that are of interest to you. Look out for the Ksymbol and click this to add to your shortlist. If you see this symbol next to a part of a profile you can click this to add just that part.

To view your shortlist please click the button above.