Thomas Macey-Dare

Called: 1994

Practice Overview

Tom Macey-Dare is a leading commercial junior specialising in shipping, international trade, energy, insurance and international arbitration.  He is recognised as a leading junior by Chambers UK / Chambers Global in Shipping & Commodities, and by the Legal 500 UK / Asia Pacific in Shipping and International Arbitration.

Tom represents shipowners, commodity traders, underwriters, salvors, oil companies and banks in the Commercial Court, Admiralty Court, Court of Appeal and international arbitrations. He is particularly skilled at handling cases involving complex commercial transactions and technical expert issues. He also specialises in emergency applications including freezing injunctions.

Tom is a contributing editor of Marsden & Gault on Collisions at Sea 2016 and the editor of Atkin’s Court Forms: Arbitration 1998-2016.  He is admitted as an attorney in New York.

  • What the directories sayView More

    • "Exceptionally good with the technical aspects."

      (Chambers UK/Global, 2017)
    • "His understanding of the maritime and commercial law was spot-on and he is able to direct a case to the right issues. He was completely unflappable, he kept his head no matter what was thrown our way."

      (Chambers UK/Global, 2017)
    • “A very friendly and amiable junior with a good understanding of the law and client needs.”

      (Legal 500 Asia Pacific, 2017)
    • "Fantastic."

      (Legal 500 UK, 2016)
    • "He is everything that a client would want to see and everything an opponent would not want to see."

      (Legal 500 UK, 2016)
    • "Thorough, reliable and someone with a great understanding of the technical elements of the trade."

      (Chambers UK/Global, 2016)
    • "He knows how to expertly handle all aspects of a case."

      (Chambers UK/Global, 2016)
    • "Brave, intuitive and supportive."

      (Legal 500 UK, 2015)
    • "A dogged and persistent advocate who leaves no stone unturned for his client."

      (Chambers Global, 2015)
    • "Very thorough and very detailed."

      (Chambers Global, 2015)
    • "Incredibly practical and very astute."

      (Legal 500 UK, 2014)
    • "Extremely hard-working and clever - a very intelligent chap."

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

    Dry Shipping

    Tom has extensive experience of all types of dry shipping work, and regularly represents owners, charterers, receivers, forwarders and brokers in court and before arbitral tribunals. He has particular experience of cases involving questions of navigation and seamanship, and matters of a technical or engineering nature.

    Illustrative cases include:

    • Shagang Shipping Co Ltd v Guofeng Enterprise Group Ltd (2013) (Commercial Court claim and two ad hoc arbitrations) - high-value commercial dispute between two Hong Kong shipping companies, arising from a series of long-term COAs for Capesize vessels, concluded in the lead up to the crash of 2008 (led by Simon Croall QC).
    • Western Bulk v Carbofer (The "Western Moscow") [2012] EWHC 1224 (Comm), [2012] 2 Lloyd's Rep 163, [2012] 2 All ER (Comm) 1140 - the leading modern authority on the nature of the lien on sub-hires, involving a claim down the chartering chain following the insolvency of a Swiss commodities house.
    • NSCSA v BP Oil Supply Co (The "Abqaiq") [2010] EWHC 3043 (Comm), [2010] All ER (D) 235 (Nov) - effect of settlement agreement on a demurrage claim mistakenly characterised as claim for freight under the Vitol Interim Ports Clause.
    • LMAA arbitration - dispute over identity of contracting shipper under a bill of lading contract, in a chain of international sale contracts on FOB and C&F terms, where owners issued mate's receipt but no physical bill.
    • Pirelli Cables v United Thai Shipping [2000] EWHC 195 (Comm), [2000] 1 Lloyd's Rep 663 - whether English proceedings should be stayed under a bill of lading jurisidiction clause, in favour of a foreign court applying lower limits than the Hague-Visby Rules.

    Wet Shipping

    Tom is a leading junior in the field of wet shipping.  He is noted in Chambers UK, 2016 for his "great understanding of the technical elements of the trade" and has a strong grasp of navigation, seamanship and engineering principles. This enables him to work productively with experts, to cross-examine opposing experts effectively, and to explain technical points clearly and simply to tribunals.  He is a contributing editor of a leading work in the area, Marsden & Gault on Collisions at Sea, 14th Ed (2016).

    Illustrative cases include:

    • The "Atlantik Confidence" [2016] EWHC 2412 (Admlty), [2016] Lloyd's Rep Plus 73, [2016] All ER (D) 81 (Oct); [2014] EWCA Civ 217, [2014] 1 WLR 3883, [2014] 1 All ER (Comm) 909, [2014] 1 Lloyd's Rep 586, [2014] CP Rep 28, [2014] 1 CLC 293, 2014 AMC 686 (led by Robert Thomas QC) - the first ever English case to break limits under the 1976 Limitation Convention; also established the English court's power to permit the constitution of a limitation fund under the convention by means of a Club LOU.
    • The "Consouth" and the "Pirireis" (Adm. Ct. 2015) - collision between container feeder vessel and general cargo vessel in the eastern Mediterranean resulting in the loss of one of the vessels and many of her crew.
    • The "Pontodamon" and the "He Da 98" [2011] HKCFI 578 - acting as English consultant to local Counsel in the Hong Kong Court of First Instance, in a trial of issues of liability and apportionment arising from a collision in the traffic separation scheme off Shanghai.
    • The “Thunder Horse” (2009) (led by Jeremy Russell QC) - LOF salvage arbitration concerning the largest ever salved fund.
    • The "Front Ace" and the "Vicky" [2008] EWCA Civ 101, [2008] 2 Lloyd's Rep 45, [2008] 1 CLC 229, [2008] 2 All ER (Comm) 42 (led by Simon Rainey QC) - the leading modern case on damages for loss of a follow-on fixture resulting from a collision, resulting from a collision between a VLCC and a smaller tanker during STS operations off Indonesia.
  • International Trade & Commodities K View More

    Tom has acted in a wide variety of commodities disputes, in the Commercial Court in relation to freight derivatives and the sale of coal and fuel oil, in commercial arbitrations under the aegis of the LCIA and LMAA, and in trade arbitrations (GAFTA, FOSFA, RSA, LME). 

    Illustrative cases include:

    • a series of LCIA arbitrations between Dutch and South African oil traders, involving disputes over a term supply contract for low sulphur diesel to southern Africa
    • United Petroleum Trading (UK) LLP v Varteg Energy SA (Comm. Ct. 2014) - a dispute under a contract for the sale of a series of consignments of crude oil FOB Turkmenistan
    • an ad hoc London arbitration between two Swiss oil traders, involving a dispute over a term supply contract for hydropurified gasoil from the Caspian Basin
    • an LME arbitration concerning force majeure in a sale of manganese ore, when the source mine was allegedly overrun by an armed gang
    • Pacific Bulk v Pioneer Freight Futures Ltd BVI (Comm. Ct. 2009) - a claim under an over-the-counter forward freight agreement on FFABA 2007 / ISDA 1992 terms, arising out of the crash in the freight market in September 2008
  • International Arbitration K View More

    Much of Tom's practice involves LMAA, LCIA and Lloyd's salvage arbitrations.  He also acts in ad hoc arbitrations and trade arbitrations under the aegis of GAFTA, FOSFA, RSA and LME.  Invariably, these are international disputes between international parties.

    Tom has experience of a broad range of applications to the High Court under the Arbitration Act 1996, including stay applications under section 9 and applications to extend time under section 12. He has also acted in a number of challenges to awards on jurisdictional grounds under section 67 and serious irregularity under section 68, and appeals on points of law under section 69. 

    Tom has particular experience of applications for freezing injunctions, other interim relief under section 44 of the 1996 Act, and anti-suit injunctions to restrain proceedings brought in breach of arbitration agreements or which interfere with arbitral proceedings.

    Illustrative cases include:

    • LCIA arbitration - dispute between US engineering subcontractor and Kazakh main contractor under Kazakh oil and gas project.
    • LMAA arbitrations - dispute between owners, time charterers and cargo interests arising from explosions on board a Panamax bulk carrier following cargo fumigation.
    • Transgrain Shipping BV v Deiulemar Shipping SpA (in liquidation) [2014] EWHC 4202 (Comm), [2015] 1 Lloyd's Rep. 461 - section 67 challenge to arbitral award on jurisdiction made by a tribunal appointed pursuant to one of two conflicting arbitration clauses in the same charterparty.
    • Latvian Shipping Co v ROSNO [2012] EWHC 1412 (Comm), [2012] 2 Lloyd's Rep 181, [2012] All ER (D) 31 (Jun), [2012] 2 FLR 181 - section 68 challenge and section 69 appeal from an arbitral award in a marine insurance dispute - whether the Court has power to set aside a grant of permission to appeal where it was misled or circumstances have changed.
    • Western Bulk v Carbofer [2012] EWHC 1224 (Comm), [2012] 2 Lloyd's Rep 163, [2012] 2 All ER (Comm) 1140 - application for standard and Chabra / Cardile -type worldwide freezing injunctions in support of a claim to enforce a lien on sub-hires under a chain of charterparties.
  • Insurance & Reinsurance K View More

    Tom has wide experience of marine insurance disputes.  He has also acted in a number of non-marine insurance cases, including disputes relating to insurance / reinsurance of credit risk; international customs liabilities; goods in transit; and commercial and domestic buildings. He has also represented insurance brokers in Lloyd's disciplinary proceedings.

    Illustrative cases include:

    • Acting as junior counsel to the Names in  Henderson v Merrett Syndicates [1996] 5 Re LR 279, [1996] PNLR 32, [1997] LRLR 265 (led by Anthony Boswood QC), and several other high profile cases within the Lloyd's litigation, concerning the negligent writing of stop-loss reinsurance, whole account run-off and RITC, and related professional negligence claims against members agents, auditors and actuaries.
    • Princess Salwa bint Nassir bin Abdulrahman Al Thnayan v Blue Harbour 2 Ltd (QBD 2013). Representing five members of the Saudi royal family in a claim against a 5-star London hotel, defended by its insurers, for the loss of millions of pounds worth of jewellery stolen from a hotel room: 
    • Latvian Shipping Co v ROSNO [2012] EWHC 1412 (Comm), [2012] 2 Lloyd's Rep 181, [2012] All ER (D) 31 (Jun), [2012] 2 FLR 181 - representing hull underwriters in a claim in LMAA arbitration by owners of a chemical tanker for catastrophic damage to her CPP, and subsequently in the Commercial Court on challenges to the award under sections 68 & 69 of the Arbitration Act 1996.
    • White SA v Oman Insurance Co (Comm Ct. 2007) - representing hull underwriters in a salvage indemnity claim arising from the grounding of a chemical tanker in the Suez Canal.
    • LMAA arbitration - representing shipowners in a P&I claim defended on grounds of material non-disclosure.
  • Banking & Financial Services K View More

    Tom's practice encompasses disputes relating to derivatives, asset finance and trade finance.  He has also acted in a number of disputes involving letters of credit, bills of exchange, guarantees and letters of indemnity.

    Illustrative cases include:

    • LCIA arbitration - dispute between main contractor and engineering subcontractor under a Kazakh oil and gas project, involving an attempt to call on a standby letter of guarantee, resisted on grounds of fraud in the transaction.
    • Pacific Bulk v Pioneer Freight Futures Ltd BVI (Comm. Ct. 2009) - a US$4 million claim under an OTC FFA on FFABA 2007 / ISDA 1992 terms, arising out of the crash in the freight market in September 2008.
    • GE Capital v Jomed (QBD 2006) - a dispute between an asset finance company and a Dutch manufacturer of medical equipment under a parent company guarantee.
    • Strategic Finance Consultants v. Consorzio per lo Sviluppo Industriale della Zona dell'Aussa-Corno [2005] EWHC 1834 (Comm), [2005] All ER (D) 55 (Aug) - a dispute between financial consultants and an Italian regional development agency concerning the procurement of €14.5 million of EU Objective 2 funding for infrastructural projects in north-eastern Italy.
    • Sea Marine Crew Management NV v Sparebanken 1 SR-Bank (Comm. Ct. 2003) - a dispute between a Norwegian mortgagee bank and a crewing agency arising out of the restructuring of a fleet of bulk carriers.
  • Commercial Dispute Resolution K View More

    Tom's commercial litigation practice covers commercial contract disputes, share sale disputes, claims arising out of supply and distributorship agreements, and disputes between partners and joint venturers.  Illustrative cases include:

    • Gorst v Cabana Holdings Ltd (QBD 2008) - dispute between a soft drinks manufacturer and regional distributors, relating to earn-out and distributorship provisions of a share sale agreement.
    • GE Capital v Jomed (QBD 2006) - dispute between an asset finance company and a Dutch manufacturer of medical equipment under a parent company guarantee.
    • Garip v Kanli (QBD 2006) - joint venture dispute concerning a proposed tourist development in Northern Cyprus.
    • Strategic Finance Consultants v. Consorzio per lo Sviluppo Industriale della Zona dell'Aussa-Corno [2005] EWHC 1834 (Comm), [2005] All ER (D) 55 (Aug) - dispute between financial consultants and an Italian regional development agency concerning the procurement of €14.5 million of EU Objective 2 funding for infrastructural projects in north-eastern Italy.
    • Dunblane Property v Motorcare [2002] EWHC 2924 (Comm); [2003] EWCA Civ 1033, [2003] All ER (D) 476 - share sale dispute between vendors and purchasers of an innovative motor accident repair management business.
  • Civil Fraud K View More

    Tom is frequently instructed in disputes involving allegations of fraud, forgery and misrepresentation.  His forensic skills and attention to detail make him a particularly effective advocate in this type of case. Illustrative cases include:

    • Al Fulaij v Kingi (ChD) - a claim for breach of trust and breach of fiduciary duty against a designer for misappropriation of monies paid to him on behalf of a design company; and a claim to trace the monies into a house purchased in his wife's name, defended on the basis of bona fide purchase for value without notice.
    • a claim by a commodity trader for unlawful means conspiracy and dishonest assistance against another commodity trader which acted as its agent and trade financier in relation to the purchase of petroleum products from the Caspian basin.
    • a claim by a tug company for common-law salvage against a cargo owner, involving a defence of fraud and dishonest conduct under Article 18 of the 1989 Salvage Convention.
    • a claim by a shipowner against a UAE petrochemicals company for wrongful repudiation of a long-term contract of affreightment which was said to be a forgery.
    • Strategic Finance Consultants v. Consorzio per lo Sviluppo Industriale della Zona dell'Aussa-Corno [2005] EWHC 1834 (Comm), [2005] All ER (D) 55 (Aug) - Tom successfully represented financial consultants in their claim against an Italian regional development agency for payment of a consultancy fee for successfully procuring EU development funding. The claim was defended on the grounds that it was entirely fraudulent and based on forged documents.
  • Energy & Natural Resources K View More

    Tom has substantial experience in energy and natural resources. He has acted in a number of disputes involving petroleum production, transportation and refining; ocean towage, heavylift transportation and salvage of semi-submersible platforms and jack-ups; construction and operation of offshore supply vessels; and the carriage and sale of crude oil, petroleum products and coal. 

    Illustrative cases include:

    • LCIA arbitration - dispute between main contractor and engineering subcontractor under a Kazakh oil and gas project, involving an attempt to call on a standby letter of guarantee.
    • LMAA arbitration - dispute between an oil company and the owner of a fleet of VLCCs over whether a major refinery fire constituted a force majeure event
    • LMAA arbitration - ship sale dispute relating to the construction, stability characteristics and fitness for purpose of a specialised offshore supply and construction vessel
    • Lloyd's salvage arbitration - dispute between BP and professional salvors arising from the salvage of the world's largest semi-submersible PDQ after it took on a list and was at risk of sinking following a hurricane evacuation in the Gulf of Mexico. The case involved detailed technical disputes over the design, construction and operation of offshore surface and subsea installations, and the economics of offshore production.
    • LMAA arbitration - dispute between offshore construction companies concerning dredging and laying of subsea oil pipelines in the Red Sea.
    •  Maridive VII v Key Singapore [2004] EWHC 2227 (Comm), [2005] 1 All ER (Comm) 99, [2005] 1 Lloyd`s Rep 91 (led by Jeremy Russell QC) - salvage of a rig which broke free in a storm while being moved to a new location.
  • Shipbuilding K View More

    Tom has acted in a number of shipbuilding cases, including:

    • several LMAA arbitrations involving late delivery of bulk carriers from Chinese shipyards, and permissible and impermissible delays under the SAJ form
    • several LMAA arbitrations concerning the construction / refitting of super-yachts

    He has also been instructed in disputes involving the design and construction of a power station, a petrochemical plant, a tidal barrage and a stately home.

  • Jurisdictional Disputes and Conflicts of Laws K View More

    Many of Tom's cases feature jurisdictional issues and conflicts of law.  Notable cases include:

    • Western Bulk v Carbofer [2012] EWHC 1224 (Comm), [2012] 2 Lloyd's Rep 163, [2012] 2 All ER (Comm) 1140 - whether the English court could permit service out of the jurisdiction under CPR 62.5(1)(b) of a claim for Chabra-type injunctive relief against a third party under section 44 of the Arbitration Act 1996.
    • STAR Reefers Pool Inc v JFC Group Co Ltd [2012] EWHC 1803 (Comm), [2012] All ER (D) 50 (Aug), [2012] NLJR 1077 (led by Simon Rainey QC) - whether the English court had personal and subject-matter jurisdiction over overseas directors or other officers of a judgment debtor company for the purpose of proceedings for contempt under RSC Order 45 rule 5 (now CPR 81.4 & 81.20).
    • Vitol v Capri [2008] EWHC 378 (Comm), [2008] All ER (D) 437 (Feb), [2008] BPIR 1629, [2009] Bus LR 271 - whether the English court had personal and subject-matter jurisdiction over overseas officers of a judgment debtor company for the purposes of cross-examination about the company's assets under CPR Part 71 (approved by the House of Lords in Masri v Consolidated Contractors [2009] UKHL 43).
    • Strategic Finance Consultants v Consorzio per lo Sviluppo Industriale della Zona dell Aussa-Corno [2005] EWHC 1834 (Comm), [2005] All ER (D) 55 (Aug) - whether Italian public procurement rules were to be characterised as affecting the material or essential validity of a contract within the Rome I Convention, or as affecting capacity to contract.
    • Steamship Mutual v Owners of Cargo Lately Laden on Board the "Jutha Rajpruek" [2003] EWCA Civ 378, [2003] 2 Lloyd`s Rep 107 (led by Nigel Teare QC) - whether the English court was a "competent court" for the determination of a cargo claim in rem, within the meaning of a Club LOU.
  • Injunctions K View More

    Tom is regularly instructed to obtain freezing injunctions, antisuit injunctions and other forms of interlocutory relief, such as Vasso / Cienvic orders and interim orders for the sale of perishable cargo, often on an emergency basis.  He has particular experience of applying for freezing injunctions against parties against whom the applicant has no substantive cause of action, under the Court's Chabra / Cardile jurisdiction. Notable examples include:

    • N v D (Comm. Ct. 2012) - Tom successfully obtained an antisuit injunction against a non-party to an English arbitration agreement under the principle in BNP Paribas v Joint Open Stock Co Russian Machines [2011] EWHC 308 (Comm), [2012] EWCA Civ 644.
    • STAR Reefers Pool Inc v JFC Group Co Ltd [2012] EWHC 1803 (Comm), [2012] All ER (D) 50 (Aug), [2012] NLJR 1077 - Tom succeeded in obtaining a worldwide freezing injunction against a judgment debtor and subsequently (led by Simon Rainey QC) in continuing that injunction and obtaining permission to serve contempt proceedings on seven individuals, alleged to be directors or other officers of the judgment debtor, out of the jurisdiction in Russia, in order to enforce the injunction.
    • Western Bulk v Carbofer [2012] EWHC 1224 (Comm), [2012] 2 Lloyd's Rep 163, [2012] 2 All ER (Comm) 1140 - application for standard and Chabra / Cardile -type worldwide freezing injunctions against sub-charterers in support of the shipowner's attempts to exercise a lien on sub-hires down a chain of charterparties.
    • C v P (Comm. Ct. 2010) - Tom obtained standard and Chabra-type worldwide freezing injunctions under s 44 of the Arbitration Act 1996 against a Pakistani charterer and five associated entities, in support of a claim against the charterer in LMAA arbitration.
    • Pacific Bulk v Pioneer Freight Futures Ltd BVI (Comm. Ct. 2009) - Tom obtained standard and Chabra-type worldwide freezing injunctions against a Hong Kong based freight derivatives trader and four affiliated companies, in support of a claim arising from an over-the-counter forward freight agreement on FFABA 2007 / ISDA 1992 terms.

"Exceptionally good with the technical aspects. ... His understanding of the maritime and commercial law was spot-on and he is able to direct a case to the right issues. He was completely unflappable, he kept his head no matter what was thrown our way." 

(Chambers UK/Global, 2017)

"Fantastic. ... He is everything that a client would want to see and everything an opponent would not want to see."

(Legal 500, 2016)

Academic


MA (Cantab)
LLM (Cantab)
LLM (Cornell)

Awards


Stonyhurst Major Scholarship,
Lizette Bentwich Law Prize,
Ver Heyden de Lancey Prize,
Trinity College Cambridge Graduate Studentship,
Henry Hollond Travelling Scholarship,
Cornell International Law Journal

Other Qualifications


Attorney & Counselor at Law, New York,
Middle Temple Advocacy Faculty

Languages


French (working knowledge)
German (basic)

Publications


Contributing editor of Marsden & Gault on Collisions at Sea, 14th Ed (2016)
Atkin’s Court Forms: Arbitration (1998-2016)
Contributor to Butterworth's Commercial Court & Arbitration Pleadings (2005)
Atkin’s Court Forms: Insurance (1996)
Over-the-counter forward freight agreements after Pioneer and Lehman (2012) Shipping & Transport International 9(2), 4-7

Presentations


The impact of Brexit on London as a shipping dispute resolution centre; constituting limitation funds; Chabra / Cardile freezing injunctions; carriage of goods by sea; time charters; voyage charters; liability for marine casualties

Memberships


COMBAR, LCLCBA, NYSBA

Personal


Married with 4 children; lives in Dulwich

Interests


Music, sport and reading

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