Jonathan Chambers

Jonathan is described in Chambers and Partners (2010) as "meticulous and efficient" and is rated as a leading junior in transport/aviation in Chambers & Partners (2011). He is described in Legal 500 (2011) as having a methodical approach to evidence and legal analysis [which] makes him a top pick for cases needing attention to detail".

Jonathan has acted in disputes involving

• international and regional airlines including  - Air Canada,  American Airlines, Britannia, British Airways, British World Airlines, Emirates Airways, European Aviation Air Charter, Eva Airways, GB Airways, Ghana Airways, Gulf Air, and Pakistan International.
• major UK airports including BAA, Bristol International and Newcastle International.
• other aviation organisations including the British Microlight Aircraft Association and the CAA.
• major tour operators including Airtours, MyTravel, Thomas Cook, TUI and Sunsail.
• criminal matters in aviation - Arthur Thomas Hallett v Cathay Pacific Airways Ltd- Victorian Civil and Administrative Tribunal (VCAT). Acting for Cathay Pacific Airways in defending claim by passenger as a consequence of drunkenness and misbehaviour on a flight between Japan and Hong Kong.

Cowden & Mitchell v BA [2009] 2 Lloyd's Rep 653- HHJ Orrell QC - 25.6.2009 - Meaning of "damage" under Art.17 and 19 of the Montreal Convention.

Barclay v British Airways plc [2008] 1 Lloyd's Rep 661; [2008] 1 Lloyd's Rep Plus 36; [2008] EW Misc 1 (EWCC) - Recorder West-Knights QC -  27.02.2008. Meaning of "accident" under Art.17.1 of the Montreal Convention (presently subject of appeal to the Court of Appeal).

Iskra Television Limited v Stansted Airport Ltd- Brentford County Court - Judge Thomas - 02.08.07. Interpretation of section 19 of the Aviation Security Act 1982 and the new security measures at UK airports.

Electronic Discount Centre Ltd v Emirates Skycargo - Staines County Court - Judge Kenny - 08.04.02 (New Law: 20258201). Interpretation of meaning of "package" under the Warsaw Convention (as amended at the Hague) and limitation issues by reference to weights/numbers of packages and examination of travaux preparatoires.

Jonathan has acted in a number of banking disputes and asset finance disputes involving in particular retention of title clauses and liens.

Friends First Managed Pensions Fund Ltd v John McCann - 2009 and ongoing - (Queen's Bench Division - High Court of Northern Ireland, Weatherup J.) - issues of loan and compliance with Financial Services and Markets Act 2000 and equivalent Eire provisions.

Peter Stiles & Ors v Permanent Trustee Australia Ltd & Permanent Trustee Company Ltd (Supreme Court of Victoria. Commercial & Equity Division, Mandie J.) 01.04.2005 [2005] VSC 86. Breach of trust/fiduciary duty and procedural issues regarding multi-party actions and joinder/substitution of parties.

JG Trustees Limited v HSBC Trustee (CI) Limited and HSBC Investments International Ltd (Royal Court, Jersey Bailhache J.) - issues in relation to management of a large investment fund.

Jonathan is conversant with all of the main forms of international and domestic carriage contracts, international and domestic sales contracts and financing arrangements. He has particular experience in hydrocarbon carriage and sale contracts in particular in the UK, Eastern Europe, West Africa and the Middle East.

Cleartech Limited (t/a North West Woodland Industries) v T Alun Jones Ltd - Mr Recorder Knifton - 28-29.07.08 - incorporation and reasonableness of the FTA 2002 conditions and examination of RHA 1998 and BIFA 2005 terms - reasonableness under the Unfair Contract Terms Act 1977 established.

Litasco v Zambezi Oil and Transport Company Limited - Commercial Court - Langley J. - 29.07.2007 - sale of petroleum products from Europe to Zambia.

Jarl Tra Ab & ors v Convoys Ltd [2003] 2 Lloyd's Rep. 459  - Queen’s Bench Division (Commercial Court) - Moore-Bick J – Judgment 25.06.03. Doctrine of privity, liens, common law and contractual liens, general and specific liens, Himalaya clauses, waiver and examination of The Pioneer Container.

Viners Plc v The Packing Company – Theft of cutlery and insolvency of bailee. Issue of piercing the corporate veil as a result of misuse of company names under section 216 of the Insolvency Act 1986.

Jonathan is frequently instructed in energy and construction disputes including rigs and vessels sale and construction and yacht building disputes. He acted for the Cornish Maritime Trust on the legal aspects of the restoration of a “Looe Lugger”. He is experienced in pipeline construction disputes.

Litasco v Bulrom Gas Limited - Commercial Court - Langley J. - 14.05.2007 - cross-border supply of gas commodity between Ukraine and Moldova.

Anvil Alloys International Ltd v Sitiindustrie Marine SAS - cross-border supply of copper-nickel alloy pipes for international pipelines.

Jonathan acts in a wide variety of disputes in the general commercial field and has lectured on the law of equity and trusts.

O'Brien v Marett - trust and property dispute in the Channel Islands (led by James Corbett Q.C. (Serle Court))

JG Trustees Limited v HSBC Trustee (CI) Limited and HSBC Investments International Ltd - issues in relation to management of a large investment fund.

Peter Stiles & Ors v Permanent Trustee Australia Ltd & Permanent Trustee Company Ltd (Supreme Court of Victoria. Commercial & Equity Division, Mandie J) 01.04.2005 [2005] VSC 86. Breach of trust/fiduciary duty and procedural issues regarding multi-party actions and joinder/substitution of parties.

Jonathan is experienced in many forms of commercial arbitration and mediation including the LMAA Terms (2006), the LMAA Small Claims Procedure (2006), LMAA Mediation Terms (2002), the London Metal Exchange Rules and other private arbitration and mediation agreements.
He is an Associate, Chartered Institute of Arbitrators and an
LMAA Supporting Member.

M.V. CENK KAPTANOGLU - Arbitrator in case of the involving seaworthiness issues under a charterparty (approximate value US$300,000.00).

Jonathan is frequently involved in insurance disputes involving coverage issues and construction of policies.

North West Names & Anor v The Stop Loss Mutual Insurance Association Ltd - Cardiff Mercantile Court - HHJ Chambers Q.C. -14.11.2006 - issue of section 9 Arbitration Act 1996 application and of professional conduct of insurers and brokers in respect of a stop-loss policy and reinsurance issues.

Sunderland Marine Mutual Insurance Co Ltd v Wiseman & others [2007] 2 Lloyd’s Rep 308 - Langley J. (Commercial Court) - 22/6/2007 - jurisdiction/forum non conveniens issues in intra-UK jurisdictional regime in context of fraudulent insurance claim.

ADR Chambers Accredited Mediator

W v F (anonymity preserved) - mediator in commercial dispute between finance house and hirer.

Brown v Rice & Patel (ADR Group Intervening) - submissions on behalf of ADR Group (mediators) on confidentiality and privilege of Mediation/ADR process (led by Michel Kallipetis Q.C. (Quadrant Chambers)).

Jonathan is instructed in many and varied Admiralty on behalf of both cargo, owner and salvage interests in respect of collisions, groundings and incidents at sea.

He is experienced in issues of limitation and pollution and has a particular interest in yacht disputes.

He has advised the Royal Yachting Association, crewing agencies and marine unions on various matters.

The MSC Napoli- Admiralty Court/Commercial Court - beaching of cargo vessel (ongoing).

The Mersey Docks and Harbour Board v The Owners & Demise Charterer of the Arctic Concord - Mercantile Court - HHJ Mackie - 28.06.2007 – arrest, sale and disposal of vessel.

Global Mariner v Atlantic Crusader [2005] 1 Lloyd’s Rep 699 (pleadings and interlocutory stages) - Queen’s Bench Division (Admiralty Court) – Admiralty Judge. Collision in Orinoco River. One vessel at anchor.

CMA/CGM v. Croatia Line - (LMAA Arbitration)- slot chartering agreements. Appeal on point of law to Commercial Court (led by Charles Haddon-Cave Q.C. (Quadrant Chambers)).

The Sea Empress - Admiralty Court - grounding of tanker off St Anne's Head in West Wales and pollution.

Smit International (Deutschland) GmbH v Josef Mobius Bau-gesellschaft mbH & Co - Queen’s Bench Division (Commercial Court) - Morison J. – Judgment 07.06.01; [2001] 2 All E.R. (Comm) 265. Interpretation and meaning of TOWCON/TOWHIRE contract in tug and tow collision and issues of limitation of liability for maritime claims.

Inquest - Inquest into the Death of Jon Sibley. Before Coroner for Suffolk. Jury inquest investigating death involving the "STENA DISCOVERY" fast ferry trading between Harwich and Hoek van Holland and issues over bow waves from fast ferries. Open verdict.

Jury Trial - Davison v. P&O North Sea Ferries Limited- Hull County Court. Civil jury trial on claim of false imprisonment by vessel’s police and involving issues of Master’s powers to delegate powers of arrest under the Merchant Shipping Act 1995.

Other shipping related cases

• Collision in the approaches to the Panama Canal.
• Vessel damage at Liverpool involving unsafe port issues.
• Collision in Ukraine.
• Collision in the Canakkale Straits.
• Grounding of a vessel at King's Lynn, involving pilotage issues.
• Yacht collision cases, in particular, in and about The Solent and Dover.
• Vessel allision with fender in a port in California and subsequent oil pollution.
• Criminal Matters in Shipping

'Pollution at sea' - The Saint Jaques II - advising on behalf of Defendant (Southampton Crown Court).

'Collision regulations' - Yarmouth Harbour Commissioners v Green - advising on behalf of prosecution (Southampton Crown Court).

Jonathan has been instructed in various media-related work.

He was instructed as Junior in Portbello Pictures v BBC Worldwide which involved contractual rights in respect of the television series Dalziel & Pascoe

Jonathan frequently deals with private international law issues and jurisdictional disputes including the availability of interim measures both within and outwith the EU.

Robert Hicks v Virgin Atlantic Airways & others - ongoing - California proceedings in respect of injury to paraplegic on disembarkation and issues in relation to contribution/indemnity claims in UK.

Sunderland Marine Mutual Insurance Co Ltd v Wiseman & others [2007] 2 Lloyd’s Rep 308 - Langley J. (Commercial Court) - 22/6/2007 - jurisdiction/forum non conveniens issues in intra-UK jurisdictional regime in context of fraudulent insurance claim.

“Thor Triumph” - Grounding of vessel at Chittagong. Jurisdiction and conflicts of law issues and substantive issues of safe port warranties and conditions at Bangladeshi port. Travelled to Bangladesh to investigate issues with Harbour Master and Maritime Authority.

Jonathan is frequently involved in obtaining security and interim measures either by way of injunction (in particular freezing, search and delivery up orders) and/or arrest.

Guildhall Asset Management Ltd v Benson Bros. (Bristol) Ltd - Queen’s Bench Division (Admiralty Court) – Field J - mandatory Order to ensure compliance with ship registration requirements.

Unifruit Ltd v Jining Sinotrading Co Ltd - Queen’s Bench Division (Commercial Court) – Blake J - mandatory Order for delivery up of Chinese Emperor Garlic in various European ports.

Hellmann Worldwide Logistics Ltd v Mulvaney - Chancery Division – Proudman J - injunction to prevent presentation of winding up petition.

Agence Pour La Securité de la Navigation Aerienne en Afrique et à Madagascar (ASCENA) v. Sudan Airways Company Limited - Queen’s Bench Division (Commercial Court) – Thomas J.
Freezing injunction over Sudan Airways' aeroplane for non-payment of air traffic control fees.

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