Tom is regularly instructed to act in claims under bills of lading and charterparties, including for damage to cargo and vessels, speed and performance claims, and demurrage. He has also gained experience in wet shipping and the Admiralty Court, including salvage claims and limitation claims, as well as claims involving damage to, and the chartering of, yachts and superyachts. He enjoys closely liaising with experts and engaging with the technical detail. Tom in particular has significant experience with LMAA arbitration, both high-value claims and modest claims under the Small Claims Procedure, and is keen to advise on how the Court’s supervisory jurisdiction can be invoked to meet the parties’ objectives.
Specific examples include:
- The Majesty [2020] EWHC 3462 (Comm) (sole counsel), a cargo claim concerning a consignment of bagged rice, in which Calver J set out definitive guidance as to the circumstances in which a letter of undertaking may consolidate or amend the arbitration clauses contained in the underlying bills of lading
- LMAA Arbitration (2020) (junior counsel) in which Owners claimed against Charterers for US$4m representing resulting from an explosion of a container filled batteries and aerosols
- LMAA Arbitration (2019) (junior counsel) in which Owners claimed an indemnity from Charterers for the settlement of a cargo claim brought under a bill of lading which, in breach of the Charterparty, was issued without a London arbitration clause and therefore brought in Kenya, giving rise to arguments about causation, remoteness, and expert evidence on foreign law and procedure
- Several LMAA arbitrations concerning the correct interpretation of Worldscale clauses and the calculation of freight
- Aqua Marine v Nautic Avenue (Claim No. 2019-000307) (sole counsel) successfully resisting an application in the High Court before Phillips J to set aside an LMAA arbitration award pursuant to s68 of the Arbitration Act 1996, arising from a conspiracy to deprive a party from remuneration under a yacht brokering agreement
- Argentum Exploration Ltd v Government of the Republic of South Africa (junior counsel) a salvage claim in the Admiralty Court in respect of the deep sea recovery of 2391 bars of silver sunk aboard the SS Tilawa in 1942, in which the Republic of South Africa asserts ownership of the silver and that they are entitled to state immunity under the State Immunity Act 1978 and the Salvage Convention 1989
- Lombard North Central v Hutley (sole counsel) applying for summary judgment in a debt recovery claim in the Admiralty Court under a loan agreement secured by a mortgage over a yacht, involving a dispute as to the method used by the mortgagee to procure a sale
- Several LMAA arbitrations concerning the cancellation of superyacht charters arising out of the coronavirus pandemic
- Advising on challenges to and appeals from arbitration awards, pursuant to s67, 68 and 69 of the Arbitration Act 1996
- Applications in Court, for pre-action disclosure and specific disclosure in support of cargo claims under the Disclosure Pilot
- Advising in a claim against the seller of a yacht for damage caused by negligent navigation across the Atlantic into rough seas
- Advising in relation to the maintenance costs an aging World War I decoy vessel