John A. Kimbell

John is recommended by the legal directories as a leading junior in the fields of Aviation and Travel and is instructed in a broad range of disputes especially involving jurisdictional and international convention points.

John has recently been instructed in, amongst others, the following matters:

Blue Sky One Limited and Others v. Mahan Air and Others [2009] EWHC 3314 (Comm) (‘Phase 1’) and [2010] EWHC 631 (Comm) (‘Phase 2’): heavy Commercial Court dispute concerning ownership and security rights in three 747 aircraft being operated in Iran involving issues of US sanctions laws, private international law, Iranian and Dutch property law.
Howe-Jones v Flight Ambulance International Rent-a-Jet AG  [2010] EWHC 686 (Tomlinson J.): Dispute concerning the applicability of the Montreal Convention to international Air ambulance flights
Youell and Others v La Reunion Aerienne  [2009] 1 Lloyd’s Rep 586: aviation insurance dispute between co-insurers concerning the proper jurisdiction of a claim for a declaration of non-liability under Regulation 44/2001.
Celestial Aviation Trading 71 Limited v Paramount Airways Private Ltd [2009] EWHC (Comm) 3142. Aircraft lease dispute
Moncada v Stanstead Airport Limited (2009): test case on the legality of security measures at Stanstead Airport (ongoing).
Re Stevens (2008); Helicopter crash and insurance coverage dispute.
Wright v British Airways (2008) injury at work claim arising from hard landing.
Corbett v. Heli Air (2008); Helicopter crash during tuition.
Dalgleish v.  Carlisle Flight Training Ltd (2007); Light aircraft crash.
Dennis v Lasham Gliding Society (2008): Glider crash.
AAR Biman Bangladesh (2007); Commercial Court aircraft lease dispute.
Marshall v. Booker Gliding Club (2006); Glider Crash.
Eckersley v. Ballooning Network Ltd (2006); Balloon crash.
Dunmore v. Thomson Holidays (2006); Balloon crash in Morocco.
Ross v. Ryanair and Stansted Airport Limited [2005] 1 WLR 2447 (CA); Stansted Airport and Ryanair accused of discrimination under the Disability Discrimination Act 1995 on the grounds of failing to provide a free wheelchair.
Phillips v. Air New Zealand Ltd[2002] 2 Lloyd’s Rep 408 (Comm Ct) Application of the Warsaw Convention to personal injury to a passenger occurring after presentation of a boarding card but before boarding the aircraft.
Winchester Fruit Ltd v. American Airlines Inc [2002] 2 Lloyd’s Rep 265; Claim for damages caused by deterioration of fruit during consignment.

John advises on a range of asset finance matters focussing on ship sale and purchase and aircraft finance.

John also advises in relation to trade finance disputes including matters relating to letters of credit, letters of financial undertaking and various types of guarantees.

An LMAA arbitration (2010) (ongoing) concerning the sale of seven new build vessels.
Intrigue Shipping v H Clarkson and Gailbraiths Ltd [2009] EWHC (Comm). Dispute concerning brokerage commissions on sale and purchase of vessels.
London Flight Centre (Stansted) Ltd (Acting By Its Administrator) v. Osprey Aviation Ltd [2002] EWHC 1799 (Ch) Application by LFC, acting by its administrator, for a declaration that O had no right to detain an aircraft, an asset of LFC's, concerning a debt allegedly due from LFC to O.
Ocarina Marine v Marcard Stein & Co [1999] CA and Com Ct. Representing a German bank involved in a ship finance agreement dispute.

John regularly appears both in court and in arbitrations in relation to a broad range of commercial disputes, including:
Kolmar Group AG v Visen Industries [2009] (Comm) Flaux J (on going). International sale of goods dispute.
Raoul Sagal (T/A Bunz UK) v. Atelier Bunz [2009] 2 Lloyd’s Rep 303 (CA) [2008] 2 Lloyd’s Rep 158 (Comm Ct). Application of the Commercial Agents (Council Directive) Regulations 1993.
Kamidian v Holt and Others [2008] EWHC 1483 (Comm) – fine art international bailment dispute.

An ICC arbitration (2007) concerning an international aluminium joint venture.
A large scale ICC arbitration concerning an international steel trading / bartering joint venture (2003 – 2006).
A London arbitration (2007) concerning the trading of coal for use in the UK Energy sector.
An ICC arbitration in New York (2006) involving the disappearance of a quantity of diamonds.

John Kimbell is a popular choice for shipping solicitors in London. He has appeared in a wide range of cases including charterparty and bill of lading disputes both in court and in arbitrations.

John has appeared in the following litigation:

Ease Faith Marine v Leonis Maritime and Others (2007) (Comm Ct). Mareva Injunction variation and discharge arising out of earlier litigation in a tug-tow dispute.
MV “MINERVA” (2007). Loss of a barge in Belgium during heavy lifting operation.
A judicial review (2007) concerning fishing rights in the Falkland Islands.
The Flintermar [2005] 1 Lloyd’s Rep 409 (CA); [2005] 1 All ER (Comm) 497. Allocation of responsibility under an adapted Baltime charterparty for damages paid to a member of the crew injured as a result of an accident during hatch-closing operations.
Aegeon v Aqua Sierra [2003] collision claim. Issues of fraud.
The Maria D [2003] QBD Admiralty Court. Serious injury to a seaman on board a German vessel.
John also appears regularly in arbitrations, including:
A LMAA arbitration (2008) concerning US$18 million off hire / damages claim arising out of a time charter of an OBO carrier arrested in Australia.
A LMAA arbitration (2007) concerning an indemnity for alleged stevedore damage, involving issues of fraud.
A LMAA arbitration (2007) concerning a Shelltime 4 Chaterparty and the carriage of an allegedly unlawful chemical cargo.
A LMAA arbitration (2007) concerning the cancellation of a charterparty, estoppel and waiver.
A LMAA arbitration (2007) concerning an unsafe port claim arising out of serious damage to a vessel in Mexico.
A Hamburg arbitration concerning a dry-docking dispute.
A Hamburg arbitration relating to ship repairs which went wrong and gave rise to a claim for detention.
A Hamburg arbitration concerning a dispute on the extent of P&I coverage.
An LMAA arbitration (2005) concerning a large cargo of frozen mackerel sold to receivers in Cuba under a barter agreement.
An LMAA arbitration (2005) concerning a chain of charterparties and the carriage of steel from Bremen to Iran.
An LMAA arbitration (2005) concerning a claim for an indemnity arising from a pollution incident just of Goa.

John advises in relation to Shipbuilding disputes concerning both the market standard vessel sale and purchase forms (such as Saleform) and also custom drafted MOAs.

John is also instructed to advise on non-contentious matters relating to the drafting of MOAs and other commercial agreements.

John has recently been instructed in the following related matters:

Satan's Whiskers [2006]. Ship sale dispute. Alleged faults in construction.
Eos [2006]. Ship purchase. Alleged incompetence at shipyard.
Pride of America [2005]. New build ship sale dispute Lloyd Werft Bremerhaven.
Globana [2005]. Ship sale.
Thermikos / Dorikos [2003]. New build ship sale. Alleged faulty cranes and other matters. 5 day LMAA arbitration.

A large proportion of John’s wide ranging arbitration practice features an international element. He regularly appears before a variety of institutional arbitral tribunals such as the ICC and LCIA as well as a variety of ad hoc panels.

John has extensive experience in dealing with arbitrations outside London including significant involvement in arbitrations with their seats in Hamburg and New York.

MV “MINERVA” (2007) loss of a barge in Belgium during heavy lifting operation;
A judicial review (2007) concerning fishing rights in the Falkland Islands
The Flintermar [2005] 1 Lloyd’s Rep 409 (CA); [2005] 1 All ER (Comm) 497. Allocation of responsibility under an adapted Baltime charterparty for damages paid to a member of the crew injured as a result of an accident during hatch-closing operations.
Aegeon v Aqua Sierra [2003] collision claim. Issues of fraud.
The Maria D [2003] QBD Admiralty Court. Serious injury to a seaman on board a German vessel.

John is regularly instructed in a variety of Insurance and Reinsurance disputes, especially in respect of cross-border transactions, jurisdictional and coverage disputes.

He has recently appeared in the Court of Appeal in the leading case on the place of insurance in Civil Jurisdiction and Judgments Regulation (EC 44/2001): Youell & Others v. La Reunion Aerienne & Others [2009] Lloyd’s Rep IR Plus 5 (Comm) and 33 (CA).
An arbitration (2009) (ongoing). Dispute concerning an act of piracy, and kidnap and ransom insurance coverage.
ATI Servicews v Pacific Helicopters (2008). Dispute concerning coverage for operations in Afghanistan.
Kamidan v. Holt et al [2009] 1 Lloyd’s Rep. IR 242 (Comm Ct). Misrepresentation of the provenance of a “Fabergé Egg” clock. 
Hatzl v. XL Insurance [2009] Lloyd’s Rep. Plus 37, [2009] EWCA Civ 223. Whether an insurer who had been assigned a claim by the assured was a “defendant” for the purposes of the jurisdictional provisions of the CMR.

John regularly appears in the Admiralty Court and is often instructed in cases involving large amounts of technical evidence. John has particular experience in collision cases.

John has recently appeared in:

SEA EXPRESS 1 v ALASKA RAINBOW (2009) Admiralty Court (ongoing). Collision case.
An LMAA arbitration (2009) (ongoing). Collision between two vessels in Norway
McNulty Group v DFDS (2008) (ongoing). Vessel colliding with dock side warehouse in Newcastel bad weather.
An LMAA arbitration (2008). Vessel running aground and salved.
“MINERVA” (2008). Loss of a barge resulting from heavy cargo operation leading to claims in Belgium, Holland and England.
The “Ben My Chre” (2008) Admiralty Court . Collision in Mersey Docks.
Owners of the ship “Bulk Atalanta” v. Owners of the ship “Forest Pioneer”[2007] EWHC 84 (Admlty); [2007] Lloyd’s Rep Plus 26; Collision in the approaches to Gibraltar. Consideration of the application of reduced visibility.
“KRONOS 1” icw “CSAV PERU” (2007). Loss of a barge in a collision with a tanker.
Paola v. The Mineral Venture (2004). Claims for damages arising out of a collision in the Singapore straits.
Owners of the ship “Topaz” v. Owners of the ship “Irapua” [2003] EWHC 320 (Admlty); [2003] 2 Lloyd’s Rep 19. Application of rules 15, 16 and 17 of the Collision Regulations 1972 to stand-on vessels.

John has appeared in some of the leading cases concerning the CMR and is regularly instructed in respect of a wide range of disputes concerning carriage by road, including:

Hatzl v. XL Insurance [2009] Lloyd’s Rep. Plus 37 (CA). Meaning of “defendant”; for the purposes of the CMR jurisdictional provisions.
Sony Computer Entertainment Ltd V (1) RH Freight Services Ltd (2) Jordon Freight (3) Dipl Kfm Gunther Konig Transport Gmbh Speditionsunternehmen [2007] 2 Lloyd’s Rep 463 (Comm Ct). Jurisdiction dispute in a case concerning wilful misconduct in the context of armed robbery.

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