Called: 1982 Silk: 2000
Simon Rainey QC is one of the best-known and most highly regarded practitioners at the Commercial Bar with a high reputation for his intellect, advocacy skills, commercial pragmatism and commitment to client care. He has established a broad commercial advisory and advocacy practice spanning substantial commercial contractual disputes, international trade and commodities, shipping and maritime law in all its aspects, energy and natural resources and insurance and reinsurance. He appears in the Commercial Court and Court of Appeal and also the Supreme Court. He has extensive experience of arbitration, regularly appearing before all of the main domestic and international arbitral bodies and trade associations. He particularly relishes complicated legal disputes and also cross-examination, especially in cases involving heavy expert evidence, of both technical disciplines and foreign law. He is well-known as a cheerful and easy to work with team player who rolls his sleeves up in long and complex trials and arbitrations.
He is frequently appointed as arbitrator (LCIA, ICC, LMAA, SIAC, UNCITRAL and ad hoc, sitting both sole and as co-arbitrator) and has given expert evidence of English law to courts in several countries. He also sits as a Recorder in the Crown Court and as a Deputy High Court Judge (Queen’s Bench and Commercial Court).
He has been cited for many years as a Leading Silk in the areas of Shipping, Commodities, Commercial Litigation and Dispute Resolution, International Arbitration, Energy and Natural Resources, and Insurance and Reinsurance by Chambers & Partners and/or Legal 500. He is also recognised as one of the Top 10 Maritime Lawyers of 2017 by Lloyds List.
"...an outstanding counsel, who is intellectually superb but also commercially aware..."(Legal 500, 2016)
"...a very polished advocate, who is responsive, clever, diligent and user-friendly..."(Legal 500, 2016)
"...very friendly, diligent and responsive..."; "...he is highly approachable, easy to work with and he does things right the first time..."Chambers UK 2016)
"...very concise and insightful. He impresses with his mastery of the brief..."; "...exceptionally gifted, he has the strong confidence of his clients, and is an excellent presenter of complex material...."(Chambers UK 2016)
"...hard-working, diligent and rapier-like in cross-examination.."(Chambers UK 2016)
"...he is one of those super silk guys who has judges eating out of his hands." "He has the gift of going straight to the problem..."(Chambers UK 2015)
"...a strong player" who "doesn't sit on the fence. He takes a view and justifies it with ease..."(Chambers UK 2015)
"...very intellectually rigorous, he provides clear and accessible advice. He is also extremely knowledgeable in offshore matters..."(Chambers UK 2015)
"...he is very user-friendly and a smooth practitioner..."(Chambers UK 2015)
“...he is on top of his game - very impressive..."(Chambers UK, 2014)
"Simon is very commercial, and a fantastic cross-examiner who writes brilliant skeletons." "His ability to craft arguments is really something everybody could learn from."(Chambers UK, 2014)
"...he is very commercial, a fantastic cross-examiner and has achieved fantastic results." "He has an encyclopaedic knowledge of the law..."Chambers UK, 2014)
"...he is phenomenally intelligent and excellent in conference with clients...."(Chambers UK, 2014)
"..."a ferociously intelligent, calm advocate who is imbued with great authority." He is "fast approaching super silk level," and such are his abilities that sources believe "he can go into bat confidently against anyone at the Commercial Bar.""(Chambers UK, 2013)
"...leading commodities and dry shipping expert, [he] has drawn on his broader commercial experience to develop a notable international arbitration practice. Sources note that he is "hard-working, diligent and rapier-like in cross-examination..."(Chambers UK, 2013)
"...an "excellent advocate," who has developed a thriving energy practice. He regularly acts on major disputes involving complex legal and technical issues..."(Chambers UK, 2013)
"...the "client-friendly" Simon Rainey QC wins the admiration of instructing solicitors as a result of his "ability to synthesise complex areas of law into digestible pieces with absolute clarity and sophistication..."(Chambers UK, 2013)
"...heralded as "a super silk" due to the strength of his shipping and commodities practice. Peers rave about his "assured way of dealing with the court" and his "incisive ability to distil complex arguments into something more simple..."(Chambers UK, 2012)
"...has established a sterling practice in general commercial litigation alongside his formidable reputation for shipping and commodities work..."(Chambers UK, 2012)
"...there can be fewer more celebrated shipping silks than Simon Rainey QC. He is famous throughout the market for being "an excellent practitioner who is particularly adept at extremely complicated and technical matters." His qualities make him many a firm's "first choice on most things shipping and trade-related," and he maintains a thriving practice..."(Chambers UK, 2011)
""Thoroughness and intellectual clout"...none .. possess these qualities more so than the "extremely wise and charming" Simon Rainey QC. Rainey's supreme technical intellect has earned him the moniker "Brainy Rainey," and led to his appearance in a number of key matters."(Chambers UK, 2011)
“...he is incredibly easy to deal with and provides a very good service...”(Legal 500 2015)
“...a towering intellect, he ranks among the very top QCs and is at the top of his game...”(Legal 500 2015)
“...very personable, with a powerful intellect...”(Legal 500 2015)
“...an excellent barrister...”(Legal 500 2015)
“...he has brilliant legal and intellectual qualities...”(Legal 500 2015)
“...impressive organisation and presentation...”(Legal 500 2015)
“A star, who has great analytical ability and great advocacy skills.”(Legal 500, 2014)
““...a first-class brain; he listens to and respects clients’ concerns, and his advocacy is very effective, concise and clear...”(Legal 500, 2014)
“...a brilliant advocate, who is thorough in his preparation...”(Legal 500, 2014)
“...very well prepared and an excellent cross-examiner...”(Legal 500, 2014)
“A joy to work with”; “Extremely proactive”(Legal 500, 2014)
“...the ‘user-friendly, robust and practical’ Simon Rainey QC is considered to be ‘very strong technically...’"(Legal 500, 2013)
"…Simon Rainey QC is noted for his "excellent mind"…"(Legal 50, 2013)
Simon Rainey QC is "probably the premier QC in London for sugar matters""(Legal 500, 2013)
"Simon Rainey QC is "excellent on his feet, and his written advice is clear and to the point"".(Legal 500, 2013)
"Simon Rainey QC is a "first rate advocate""(Legal 500, 2012)
"the "eminent" Simon Rainey QC"" who "makes life easy for a solicitor""(Legal 500, 2012)
"...top class in all respects: team leadership, knowledge, advocacy and drafting and he is a delight to work with..."(Legal 500, 2011)
"...a "super advocate", "very capable, very hardworking and a great tactician..."(Legal 500, 2011)
"...is "brilliant on his feet, with the amazing ability to assimilate extremely complicated matters and present them in a way that instantly explains the real issues...""(Legal 500, 2010)
"Quadrant Chambers' "absolutely superb" Simon Rainey QC is "to the point, very persuasive, and very effective"."(Legal 500 2010)
Simon Rainey's extensive commercial litigation practice developed with his expansion into this field from shipping and commodities, where he has long been an acknowledged market leader. He regularly handles substantial and high value commercial disputes arising out of widely differing commercial contracts and contexts, usually with an international aspect and often involving pre-emptive applications such as worldwide freezing orders or anti-suit injunctions and complex issues relating to jurisdiction, conflicts of law and enforcement (: see e.g. Archer Daniels Midland v Tarif Akhras  EWHC 1392 (Comm). Many of his cases concern commercial fraud (see separate section).
He was heavily involved in the long running Antonio Gramsci litigation (in which led a Quadrant Chambers team ) concerning a massive alleged fraud by the management of Latvian state owned companies and, in particular, by a number of leading Latvian politicians. The cases led to a number of hard fought jurisdiction hearings and a consideration of entirely new principles of 'piercing the corporate veil', developed by him and successfully advanced for the first time in this case. The issue of nature and effect of lifting the corporate veil and the 'Gramsci Point' has given rise to a rash of copycat cases and differing views in the Commercial Court and Chancery Division and its relevance from the jurisdictional point of view is currently the subject of an appeal to the Supreme Court in VTB v Nutritek.
A selection of some recent matters shows the variety of high-value commercial litigation cases handled by Simon Rainey.
See also International Arbitration for many examples of commercial disputes in this context.
One of the leading silks at the shipping bar, specialising in all aspects of dry shipping and charterparty disputes, with particular emphasis in recent years on complex cases involving all of the main large casualties arising out of dangerous cargo incidents, representing variously owners and charterers, and safe port disputes as well as appeals to the Commercial Court, Court of Appeal and House of Lords on the major dry shipping cases raising major points of principle. He is consistently singled out, and has been over many years, in both Legal 500 and Chambers UK as one of the leading practitioners in shipping, being ranked in the elite first division of shipping silks, and noted for his considerable legal abilities as well as his litigation and cross-examination skills.
Current trends in his practice are safe port cases such as the "Ocean Victory"; dangerous cargo cases in which he has long specialised (e.g. involving the IMDG Code and the BC Code and from the "DG Harmony" and the "Contship France" to the "Hanjin Pennsylvania” and The "Aconcagua" (Compania Sud Americana De Vapores SA v. Sinochem Tianjin Import & Export Corporation  I Lloyd's Rep. 683; charterparty liabilities arising out of major casualties such as the "MSC Napoli" (where he represented cargo interests) the "Rena" , the “Hoegh Osaka”; the many cases following the Lehman collapse and the credit crunch both in terms of charterparty cancellation and terminations of shipbuilding contracts, especially newbuildings and proposed newbuildings from Chinese yards (see also under Energy, Construction and Shipbuilding); and in numerous cases following of the collapse of OW Bunkers in 2014.
He is a highly regarded adviser and advocate in Hague and Hague-Visby Rules cases and has appeared in all of the leading recent cases on the Rules from the Commercial Court to the House of Lords (these are listed separately below). He is currently a member of the Consultative Committee established by the Department for Transport to consider the impact of the Rotterdam Rules in the United Kingdom.
He is the author of the leading work on towage and offshore service contracts and charterparties, now in its third edition: "The Law of Tug and Tow and Offshore Contracts" (2012, Informa and a frequent writer and speaker on maritime and commodity law subjects.
A selection of some recent and current matters demonstrates the typical breadth of the shipping cases handled by Simon Rainey.
Hague and Hague-Visby Rules cases:
Simon Rainey is regularly instructed in disputes which fall within the Admiralty jurisdiction of the High Court. His practice concentrates particularly on collisions at sea, problems arising under towage and offshore contracts (on which he is the author of the acknowledged leading text "Tug and Tow and Offshore Contracts" (3rd Edn, 2012, Informa), claims arising out of oil or other pollution incidents (following his involvement in the "Sea Empress" casualty for the IOPF) and investigations into the competence of seafarers and pilotage matters.
He appeared in the only recent leading case on the assessment of collision damages, The "Front Ace" / "Vicky I" in the Court of Appeal. He was asked to speak on the Arrest Convention 1952 at the Belgian Maritime Law Association's seminar "The Arrest Convention - 60 years on" in Antwerp in May 2012 and has made a special study of "what is a ship?" (paper published at  LMCLQ 145) 2013). He is a contributor to "Pollution at Sea: Law and Liability" (ed. Prof Baris Soyer, 2012, Informa).
Examples from Simon Rainey's "wet" shipping practice
Simon Rainey is one of the most highly regarded and leading practitioners in commodity work, and his practice covers all aspects of international trade and commodities / futures, including oil trading, metals and all forms of soft commodities. He has acted for all of the world’s big trade houses including ED&F Man; Tate and Lyle; Glencore; Archer Daniels Midland, Bunge, Cargill and ICOF both in arbitration before specialist tribunals (FOSFA, GAFTA, RSA; SAL) and in Court on Arbitration Act challenges to awards. He handles a large number of GAFTA and FOSFA arbitrations, and has been involved in many of the section 69 Arbitration Act appeals from (and other challenges to) such GAFTA and FOSFA awards. He successfully represented Bunge SA in the recent landmark section 69 appeal before the Supreme Court, Bunge SA v Nidera BV  UKSC 49on the GAFTA Default Clause and the application of The Golden Victory to damages in sale of goods cases.
He is particularly known for his expertise in sugar trades and sugar futures and he has had considerable experience in biofuel quality disputes. He has handled virtually all of the major sugar arbitrations in the last ten years (:"probably the premier QC in London for sugar matters": Legal 500 2013), including all of the long running ones arising out of the biggest ever physical delivery of sugar from the futures market in May 2007 raising complex issues of law concerning interpretation of Liffe No. 5 Sugar Contract. He is regularly instructed in all manner of disputes ranging from alleged unlawful means conspiracy by one major sugar trade house against another to the problems caused by containerised sugar shipments used for drugs smuggling. He is a regular speaker at commodity events and at Sugar Association and Refined Sugar Association seminars.
A selection of some recent and current matters illustrates the types of case on commodities and international trade work which Simon Rainey typically handles.
Simon Rainey has developed a strong reputation in the fields of energy and natural resources and offshore construction as well as the shipping related field of shipbuilding contracts.
In the energy sector, he regularly advises and appears in relation to disputes relating to drilling and exploration projects, both in terms of construction and infrastructure issues and, particularly, in relation to casualties due to failures of equipment or negligent operation and the allocation of responsibility in complex factual and technical situations in the light of equally complex forms of "knock-for-knock" provisions. He handled one of the biggest drilling contract and oil field exploration cases to come to the Commercial Court and the Court of Appeal in recent years, representing the Russian state gas company, Gazprom ("known for his impressive work on high-value technical cases such as Seadrill Management Services Ltd v OAO Gazprom, concerning the exploration of the Bay of Bengal gas and oil field." (Chambers UK, 2012)). He has considered problems arising in most of the offshore fields worldwide from, e.g., the North Sea to the Korle Lagoon, West Africa; the Manati e Golfino field Brazil to the South Akcakoca Turkish Black Sea field and the Erawan and Platong Thai fields to the new blocks in the Bay of Bengal. He is in continuous demand for cases at the cutting edge of energy technology: wind farms, new generation oil rigs and "gas-to-liquid" technology are recent examples.
His shipbuilding expertise has lead to regular instruction in rig and offshore construction matters, (starting in 2000 on taking silk with the massive "Maersk Vinlander" dispute between Global and Triton) and an example of which is his recently handling for Grupo R of a major dispute with the leading Korean yard Daewoo over the building of Grupo R's sixth generation semisubmersible drilling rig "La Muralla IV".
He handles a broad variety of production and transportation and processing agreement matters (and his expertise is such that he is asked to carry out expert determinations) and his oil trading commodity background makes him in demand for contract disputes relating to energy products and energy generation.
He is the author of the leading text on marine offshore contracts and the "bible" for offshore operators and their legal departments: "The Law of Tug and Tow and Offshore Contracts" (now in its third edition, 2012, Informa) and he is a frequent speaker to industry, particularly on the problems thrown up by knock-for-knock regimes.
In the area of shipbuilding, Simon Rainey is constantly in demand, whether for builder or buyer, and has been heavily engaged over the last few years with the consequences of the credit crunch for the heavy book of orders placed in the boom times as well as with quality and guarantee issues, for example, in relation to the VALE BEIJING, in connection with the casualty affecting the first of the new "Valemax" super sized bulk carriers "VALE BEIJING" on her maiden voyage. He also handles superyacht construction cases, recently instructed in relation a dispute concerning the "richest woman in the world's" superyacht.
Some recent or current matters:
Some recent or current matters:
Reported cases of shipbuilding arbitration appeals under sect. 69 of the Arbitration Act 1996:
Simon Rainey's extensive commercial practice involves a steady diet of high profile and high value commercial fraud cases, typically involving heavy interlocutory stages centred around pre-emptive strike applications such as worldwide freezing injunctions and anti-suit and other injunctive relief.
Of particular note, he has recently been heavily involved in the Antonio Gramsci litigation (in which he Simon leads Robert Thomas QC and Natalie Moore also from Quadrant Chambers) concerning a massive alleged fraud by the management of Latvian state owned companies and, in particular, by a number of leading Latvian politicians. The cases have led to a number of hard fought jurisdiction hearings and a consideration of entirely new principles of "piercing the corporate veil", developed by him and successfully advanced for the first time in this case. The issue of nature and effect of lifting the corporate veil and the "Gramsci Point" has given rise to a rash of copycat cases and differing views in the Commercial Court and Chancery Division and its relevance from the jurisdictional point of view is currently the subject of an appeal to the Supreme Court in VTB v Nutritek.
A selection of some recent matters shows the range of commercial fraud cases handled by Simon Rainey.
Antonio Gramsci Shipping Corp v Recoletos Ltdand Lembergs  EWHC 1887 (Comm): Represented the Claimants in the application to Mr Lembergs (one of the Latvian politicians alleged to have been involved as "controlling mind") of the jurisdictional result achieved against another such politician (Mr Stepanovs) reported at  1 Ll Rep 647 (see below). Application of the "Gramsci Point" on piercing the veil and independent argument on Article 23 of the EU Judgments Regulation. The issue of nature and effect of lifting the corporate veil and its relevance from the jurisdictional point of view is currently on appeal to the Supreme Court.
Antonio Gramsci Shipping Corp v Recoletos Ltd and Stepanovs  1 Lloyd's Rep 647: This ground-breaking decision concerned the scope and application of the Brussels Regulation in the context of lifting the corporate veil. Successfully argued for a new extension of Gilford v Horne, Trustor v Smallbone etc principles to make the controlling mind behind a company's fraudulent contract party to the contract and its jurisdiction clause.
Energy Venture Partners v. Malabu Oil & Gas  EWHC 853 (Comm) and  EWHC 2215 (Comm). Representing JP Morgan Chase in dispute worth US1.3 Billion (making it one of the biggest Commercial Court cases of all times in money value terms) arising out of a dispute between parties to an agreement relating to oil prospecting licences in Nigeria. Acted for J P Morgan in this complex and high value litigation The sum of US$1.3 billion was paid into an account with the bank, held to the order of the Federal Government of Nigeria.The case raised major issues of principle in relation to freezing orders and the position of third party banks and the effect of sovereign immunity.. The case was described by Steel J as "extraordinary" and one which the Court approached with "a long spoon".
Georgian Copper v J.S.C. Madneuli (2013): Representing the former Georgian state owned copper producing combine in dispute (one of the biggest copper producers in the world) involving an alleged long term supply contract for copper and copper concentrate products. Raised issues of illegality, fraud and validity of contract in a claim made for US$ 75,000,000 and complicated questions of the interaction of Georgian law, Swiss law and English law and conflicts of law principles and jurisdiction.
Simon Rainey appears frequently as advocate in arbitrations under the rules of the International Chamber of Commerce; the London Court of International Arbitration and other arbitration tribunals under other rules (such as UNCITRAL) in relation to all manner of trading and financial disputes.
He is also regularly appointed as arbitrator by the ICC, LCIA. SIAC and under UNCITRAL Rules and under wide variety of ad hoc appointments.
A selection of recent and continuing arbitrations and Commercial Court related arbitration applications shows the range and diversity of his work in this field.
Simon has a depth of experience across most of the industry sectors, with particular expertise in complex treaty disputes dating back to the long running SAIL v Farex / Farex v St Paul saga and major marine insurance claims. He has made a particular study of aggregation provisions both as advocate and arbitrator, grappling with difficult problems such as civil disorder in multiple incidents (advising in Mann v Lexington) and similar issues in the operation of war perils (representing insurers in Kuwait Airways v Kuwait Insurance Co). He was part of the team for the assured in the mammoth Glencore v Alpina litigation in 2003-2005 arising out of the theft and conversion of oil at the Metro floating storage with claims in excess of US$300 million. He has advised in many of the recent piracy cases and represented insurers in the recent Venezuelan confiscation case Atlas-Navios Navegacao v Navigators Insurance (The B Atlantic)  EWHC 4133 (Comm).He regularly advises P&I Clubs on coverage and Rules issues.
He is regularly called upon given his knowledge and expertise in insurance law to act as an expert witness on English insurance law in foreign proceedings. He is co-author (with Guy Blackwood QC and David Walsh of Quadrant Chambers) of the forthcoming edition of Chalmers on the Marine Insurance Act and has lectured at BILA on the new changes to insurance law.
Examples of recent cases
Selection of leading reported cases:
As part of his very wide commercial practice, Simon Rainey is called upon to advise and act in respect of contractual disputes connected with the world of aviation and with commercial contracts in the aviation field.
A recent example is an arbitration concerning an aviation licensing dispute between two major "flag" carriers involving breaches in handling a long-term license and revenue collecting agency agreement, involving the correct construction of the contractual framework agreed between them and the payment obligations under the contract, in the light of aviation ticketing and revenue accounting practices. The case also raised the issue of the imposition of fiduciary duties on the airline processing the revenues of the other. (Claim in excess of £70,000,000). Simon led an aviation team from Quadrant Chambers.
BA (Cantab.) (1st Class Hons., Law) 1980, MA 1984; Licence en Droit Européen (Bruxelles) (Plus grande distinction) 1982.
Exhibitioner (Corpus Christi College, Cantab). Squire scholarships (Cantab); Lazard scholarship (Corpus Christi College); Wiener-Anspach scholarship (Cantab - Bruxelles); Denning Scholar; Scarman Scholar, Ver Heyden, Buchanan and Lord Morton of Henryton Prizes (Lincoln's Inn).
Recorder (Crown Court), 2000; Recorder (County Court), 2004
Deputy High Court Judge (2008).
Visiting Fellow of Institute of International Trade and Shipping Law, University of Swansea (2010).
Honorary Professor in the College of Business, Economics and Law, University of Swansea (2013)
Fellow of the Chartered Institute of Arbitrators (2013)
French (fluent); Italian (passive)
Commercial Bar Association (COMBAR)
London Maritime Arbitrators' Association (Supporting Member)
London Common Law and Commercial Bar Association (LCLCBA)
London Court of International Arbitration
Singapore Chamber of Maritime Arbitration (Panel)
Member Bar Pro Bono Unit
See e.g. Leonard v Byrt  EWCA (Civ) 20.
Skiing, walking, military and naval history, chamber music, print-collecting.