John Passmore

John's aviation case-load extends to aviation finance, sale and purchase and brokerage disputes. His recent cases include Blue Sky v Mahan Air [2010] EWHC 631 (Comm), a US$150m dispute involving issues of conflict of laws, foreign law, trusts, bills of sale, mortgages and interference with goods.

John has in-depth experience in asset finance and trade finance, including ship and aircraft mortgages and other forms of security. He is also experienced in securities trading and fund management matters, such as disputes arising out of ISDA Master Agreements (including FFAs), ABSs including CDOs, stock-lending, options, forwards and futures, currency trading, swaps, securities brokerage, and investment management and advisory agreements. John also deals with professional liability in the financial services industry. He has recently advised in relation to warehousing risk for a US$490m CDO portfolio.

John deals with a range of commercial litigation, particularly relating to the shipping, aviation, insurance and financial services industries. He is regularly involved in obtaining or resisting emergency relief such as freezing injunctions and anti-suit injunctions.

John deals with a constant stream of charterparty, bill of lading and COA disputes, concerning both dry and liquid cargoes. His work covers the full range of charterparty matters, from unsafe ports, to speed and consumption, demurrage, poor stowage and stevedore damage. His recent cases include The Sylvia [2010] EWHC 542 (Comm), on the application of the The Achilleas. John has significant experience in ship sale and purchase disputes, and with the sale and purchase of physical commodities, including oil, metals, minerals and agricultural products. He has very recently acted in a US$33m dispute for a very large aluminium smelter. His work also extends to CMR, carriage by rail and air, and freight forwarding.

John is experienced in shipbuilding disputes. He is currently involved in a dispute involving the design and build of a fleet of 10 Chinese-built vessels.

Much of John's work involves international arbitration proceedings, particularly under LMAA rules.

John is experienced in advising on and appearing as an advocate in policy disputes, with issues such as scope of cover, misrepresentation, non-disclosure and breach of warranty. Most of his work concerns hull & machinery cover, and it includes scuttling and other instances of fraud. He also deals with all other types of marine and non-marine insurance, such as fidelity, professional indemnity, property (including docks), product liability, business interruption cover, and reinsurance. John is periodically instructed to act in foreign court and arbitration proceedings as an expert in English insurance law.

John is regularly instructed to act as a negotiator/representative at mediations. He is a CEDR-accredited mediator.

John deals with collision and limitation claims, and all aspects of Admiralty concepts, practice and procedure such as liens, arrest, judicial sale and priorities. He has dealt with cases ranging from total loss in a hurricane to the damaging of fibre-optic cables by a dragged anchor. John has particular experience of claims arising from fatal accidents and personal injuries (including brain damage) sustained in collisions, and as a result of machinery failure and fishing and cargo operations. Apart from the liabilities of ship-owners, he deals with the liabilities of ports, marinas and statutory authorities. He is currently representing a marina in a case involving 22 yachts damaged in a storm.

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