John has been instructed in a wide range of professional negligence cases, involving amongst others, surveyors, shipbuilding supervisors, architects and solicitors and barristers.
Recent and reported cases include:
Major shipbuilding arbitration in respect of two US$78million new builds where the principal issues were allegations of professional negligence on the part of the surveyors/ supervisors engaged to supervise the build at a Chinese yard.
Numerous claims against yacht surveyors in relation to sale/purchase surveys and build/ repair supervision.
Large claim against non specialist solicitors and counsel in respect of advice given and the conduct of two charterparty arbitrations.
Numerous claims for and against non specialist solicitors in aviation and travel cases where time limits have been missed or the statutory framework not understood.
Munkenbeck & Marshall v Kensington Hotel Limited Defending firm of architects against a substantial claim in respect of poor design and supervision of the build of an apart-hotel.
Gunns v Par Insurance Brokers [1997] 1 Lloyd`s Rep 173 (QBD - household insurance policy, non-disclosure and misrepresentation, breach of condition; claim against insurance brokers)
John was originally a tenant at 5 Bell Yard, the then leading aviation set. He is regularly instructed in all aspects of aviation work, including carriers’ liability, fatal accidents, aircraft leases and financing.
Aviation
Instructed in relation to the Biggin Hill crash
Fujitsu Computer Products Corporation v Bax Global GKN Westland Helicopters v Korean Air Laura Leasing v Advanced Braking Systems
Travel
Hotel Bahia Principe - Hotel Soviva (Dawson) Hotel Aguamar (Giambrone)
“AURORA”; Norovirus Claims-
John has wide experience of all aspects of dry shipping, commodities, transport and international trade cases, dealing with cases arising from bills of lading, time charters, voyage charters, long term CoA’s, letters of credit and other financing documents, and GAFTA and FOFSA contracts.
Recent cases have included, by way of example, unsafe port/berth claims, laytime and demurrage claims, off-hire claims, contaminated bunkers disputes, and numerous cargo claims.
John is also regularly instructed in yacht claims, including building disputes, insurance disputes, collisions and injury claims.
John also handles high value freight forwarding, road transport, and warehousing claims, and been involved in numerous cases involving CMR, BIFA, RHA and NAWK/ UKWA terms.
Reported cases include:
Instructed by cargo interests in the ongoing “NAPOLI”;
Hornsby v James Fisher
The “Sea Success”;
Davis v Stena Line
The “Irbenskiy Proliv”;
The “Mosel”; [2004] 1 Lloyd's Rep. 331
Eurocellular v Danzas
Torch Offshore v Cable Shipping
John handles many domestic and international sale of goods cases, claims arising out of letters of credit, and related banking and financing matters.
Daeyang v Pioneer Freight Futures Arbitration involving international sale of shipyard cranes
Claim for US$5million concerning sale of lily bulbs from Netherlands to Kenya
John has wide experience of shipbuilding and energy disputes
Current, recent and reported cases include:
Claim against Dutch yard in respect of build of Superyacht.
Defending Italian yard in respect of build of Superyacht.
Acted for Oyster and Sunseeker in respect of build quality claims.
Maersk v Aalborg : a US$10m + claim arising out of construction of boiler facilities for north sea installations.
The “MIDNIGHT HUNTER” (Torch Offshore v Cable Shipping [2004] 2 Lloyd's Rep. 446) involved the specifications of an offshore supply vessel
In addition to numerous LMAA and other shipping arbitrations John has appeared in various cases under LCIA and ICA/ICC rules and ad hoc arbitrations.
Recent cases have included:
LCIA arbitration arising out of sale of aircraft and parts
LCIA arbitration arising out of sale of shipyard cranes
ICA arbitration concerning liability for environmental pollution following sale of industrial plant
Ad hoc yacht arbitration May 2005 (arbitration arising out of the sale of a 3 million euro super-yacht involving allegation that the yacht was not of satisfactory quality and of misrepresentation)
John has wide experience of marine and non-marine insurance claims, advising and appearing regularly in relation to policy wordings, coverage disputes, claims disputes (including fraudulent claims) and claims concerning brokers.
Reported claims include:
The “Delphine”
Kazakstan Wool Processors v NCM
The Zeus V
Gunns v Par Insurance Brokers
Accredited mediator. John regularly acts as an advocate in mediations, and is looking to undertake an increasing number of appointments as a mediator.
John regularly appears in the Admiralty court dealing with all aspects of in rem claims, arrests, orders for sale and related matters, and limitation claims.
He has experience of a number of collision claims, particularly involving yachts, and some salvage experience.
John has a personal injury/ fatal accident practice arising out of his aviation, travel and shipping practices. Recent and reported cases include:
Instructions arising out of Biggin Hill crash
Hornsby v James Fisher
Davis v Stena Line
Several serious head injury/ brain damage claims and other injuries arising from yachting accidents including Goode v Martin Court of Appeal [2001] 3 All ER
Hotel Aguamar (Giambrone)
“AURORA” Norovirus Claims-
Particularly in the travel law field John has been involved in numerous aspects of the developing field of costs law, in particular in relation to the costs of Group Litigation and costs capping.
Recent cases include the following:
Hotel Bahia Principe - Hotel Soviva (Dawson)
In both the travel law and shipping fields (multiparty claims such as The “NAPOLI” litigation
