Luke Parsons QC

Luke Parsons QC is currently instructed as leading Counsel to the Nimrod Review into the loss of the Nimrod MR2 aircraft XV230 in Afghanistan on 2nd September 2006. The Review’s terms of reference require consideration of large volumes of technical aeronautical evidence and examining numerous expert witnesses.
More information about the Review can be found on this dedicated website:
www.nimrod-review.org.uk

Arbitrations include US$300 million aviation reinsurance dispute concerning total loss of a fleet of aircraft due to foreclosure action.

Luke Parsons QC is instructed in a wide range of disputes relating to banking and finance and appears before arbitration tribunals, the High Court and appellate courts in cases concerning a variety of financial instruments including demand guarantees, irrevocable payment undertakings and letters of credit. He also advises on asset finance matters with a particular emphasis on ship finance.

A selection of Luke Parsons QC’s recent cases in the field of banking and finance include:
Raiffeisen Zentralbank Österreich AG v. China Marine Bunker (Petrochina) Co Ltd [2008] 1 Lloyd’s Rep. Plus 18 (Comm. Ct) – An application in the Commercial Court concerning the proper construction of an irrevocable payment undertakings in the international oil trade and the application of the doctrine of consideration to banking obligations.
Anton Durbeck GmbH v. Den Norske Bank ASA  [2006] 1 Lloyd’s Rep. 93 (Comm. Ct) – Acting for the Bank in resisting a claim for wrongful interference with goods by cargo interests against the Bank seeking to enforce its mortgage over the vessel under either Panamanian or English law.
Den Norske Bank ASA v. Acemex Management Company Ltd [2004] 1 Lloyd’s Rep. 1 (CA) and [2003] EWHC 326 (Comm) - Acting for the Bank in the Commercial Court and Court of Appeal in a successful application for under guarantee and indemnity.
Canara Bank v Standard Bank [2002] EWHC 1032 a cross indemnity dispute arising out of a US$ 500 million tin mining fraud.

Luke Parsons QC represents clients before a wide range of Tribunals including commercial arbitrations, the Commercial Court, the Court of Appeal and the House of Lords. As well as trial and advisory work, Luke Parsons QC is also frequently instructed to appear before the Commercial Court on pre-emptive strike applications with a particular emphasis on freezing orders and anti-suit injunctions.

A selection of Luke Parsons QC’s recent cases in the field of commercial litigation include:

Global Process Systems Inc & Anor v. Syarikat Takaful Malaysia Berhad [2009] EWHC 637 (Comm) (31st March 2009): Acting for the defendant in a claim concerning the loss of the legs of  a jack up oil rig.

Vitol S.A. v. Capri Marine Ltd [2008] EWHC 387 (Comm): Acting for the Claimant in a case concerning the application of CPR pt 71 as to court may permit service out of the jurisdiction of an order requiring an officer of a corporate judgment debtor to attend court to provide information about the judgment debtor's assets.
2007: acting for one of the main contractors following the multi-million pound Metro underground insolvency.

Euroafrica Company Limited v. Zegluga Polska [2004] 2 BCLC 97 (Comm Ct): a joint venture shareholders agreement involving the proper interpretation of Polish corporate law.
Mamidoil- Jetoil Greek Petroleum Co. SA v Okta Crude Oil Refinery AD [2003] 2 Lloyds Rep 635 Court of Appeal.: a complex series of disputes arising out of the privatisation of the oil refinery in Macedonia.

Canara Bank v Standard Bank [2002] EWHC 1032: a dispute arising out of a US$ 500 million tin mining fraud.

International ICC arbitration involving dispute between Russian and Ukranian Joint stock companies for energy supplies.

Warenhandelsgeselschaft Corinth MbH v Liffe: acting for Liffe in the Commecial Court in the first commercial action to challenge its rights to exercise emergency powers to regulate the market.

Acting for the London Clearing House in London Metal Exchange arbitration which challenged its rules under the Unfiar Contract terms act.

Acting for Formula 1 tem in ICC arbitration regarding the Formula 1 Concorde Agreement and disputed television rights.

Other arbitrations include joint venture and long term management agreements; the effects of retrospective taxation legislation on tax protected oil field construction contracts; disputes on the construction and delivery of floating oil production platforms; disputes regarding the construction of a mine in Papua New Guinea; claims in respect of the construction of a North Sea Oil pipeline and the sale of computer controlled machinery.

Luke Parsons QC is extensively instructed in cases concerning dry shipping and commodities and has appeared in some of the leading cases in the field. He has a wealth of experience in dealing with disputes under Charterparties, Contracts of Affreightment and Bills of Lading as well as in connection with disputes concerning the GAFTA, FOSFA and other commodities standard forms.

A selection of Luke Parsons QC’s recent cases concerning Shipping and Transport include:

Mansel Oil Ltd & Anor v. Troon Storage Tankers SA (The “Ailsa Craig”) [2008] 2 Lloyd’s Rep. 384 Commercial Court and 2009 EWCA Civ 425 Court of Appeal: Luke Parsons QC successfully acted for the Owners determining Owners rights of cancellation under Shelltime 4 form.

Antiparos ENE v. SK Shipping Co. (The “Antiparos”) [2008] 2 Lloyd’s Rep 237: A dispute concerning the interpretation of clause 4(c) of the Asbatankvoy form in respect of expenses payable under the Charterparty.

Mediterranean Shipping Co. SA v. Trafigura Beheer BV & Anor  (The “MSC Amsterdam”) [2007] 2 Lloyd’s Rep. 622 (CA) and [2007] EWHC 944 (Comm):The leading case on mis-delivery, conversion and the application of the Hague-Visby Rules in respect of fraudulent bills of lading. Luke Parsons QC represented the Ship Owners.

Bandwidth Shipping Corp. v. Intaari (The “Magdalena Oldendorff”) [2006] EWHC 2532 (Comm): Dispute regarding South Atlantic Survey and ice classed vessels.

Maintop Shipping Company Limited v Bulkindo Lines (The Mariniki) [2003] 2 Lloyds Rep 655: A dispute concerning the safe port warranty under the NYPE form and the implied indemnity.

Import Export Metro Ltd v. Compania Sud Americana De Vapores[2003] 1 Lloyds Rep 405: A dispute regarding delivery of cargo other than against bills of lading. Luke Parsons QC acted for the successful Claimants.

The Guiseppe Di Vittorio [2000] 1 Lloyds Rep 136: the case in the Court of Appeal establishing the right to arrest ships belonging to CIS states.
Luke Parsons QC regularly appears in arbitrations before the LMAA and other commercial arbitral tribunals. Cases have included a US$ 4 million oil pollution dispute, unsafe port cases, responsibility for poor stoage, termination of pooling and joint venture agreement; unseaworthiness in chemical and product tankers; meaning of “without guarantee in charterparties; fraudulent repair claims; scope of Hague rules time limit in misdescription claim; meaning of average damage affecting class; scope of ice warranty in charterparties; cargo conversion disputes and ship management disputes.

Luke Parsons QC has extensive experience in ship sale and ship building disputes. Over a number of years he has acted for a number of Far East shipyards in a series of very high value arbitration  claims in respect of shipbuilding and ship conversion disputes rainsg complex legal, factual and technical issues.

Luke Parsons QC was involved in London’s longest running ship building arbitration covering issues such as project management, computer aided design, quality control and assurance and state of the art computer project modelling.

The majority of Luke Parsons QC’s arbitration practice has an international element. He is regularly instructed in arbitrations with a cross-border element and is experienced in making applications to the High Court in support of English arbitrations and also in support of foreign arbitrations in the English courts. Luke Parsons QC also has extensive experience in challenging arbitration awards in the English Courts and advises on the enforcement of awards under the New York Convention.

Luke Parsons QC has also been involved in some of the leading cases concerning the Arbitration Act 1996, especially where those cases have an international element. In particular, he appeared before the Commercial Court and the Court of Appeal in Bandwidth Shipping Corporation v. Intaari (The “Magdalena Oldenforff”) [2008] 1 Lloyd’s Rep. 7 (CA) and [2006] EWHC 2532 (Comm). Luke Parsons QC acted for the successful charterers in this case concerning the meaning of “serious irregularity” within section 68 of the Arbitration Act 1996. The Court of Appeal considered the application of section 68 to an allegation that the Tribunal had not given Counsel appearing in the arbitration to put his case and to the allegation that the Tribunal had failed to require Counsel to address issues that he had missed.  

From working in the insurance industry before starting at the Bar, Luke Parsons QC has practical experience of the London and International market. He has gained experience in the insurance field, firstly with a firm of international Lloyds’ brokers and thereafter with a multi-national underwriting company on Hull & Machinery. He has a broad marine and non-marine insurance and reinsurance practice.

Luke Parsons QC acted for Exxon in the £ 1 billion insurance claim arising out of the “Exxon Valdez” spill and for P&O in the insurance claim relating to the Herald of Free Enterprise disaster.

Luke Parsons QC has been instructed in the following recent reported cases and arbitrations in the fields of insurance and reinsurance:

Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad [2009] EWHC 637: a claim for damage to a jack up oil rig. Luke Parsons QC acted for the successful insurers. ;
2007: US$ 250 million International arbitration regarding the reinsurance on a fleet of aircraft.

Swiss Reinsurance Co. v. United India Insurance Co. [2005] Lloyd’s Rep IR 341: A reinsurance dispute arising out of the collapse of the Dhabol power station project in India..

Mayban General Insurance BHD v. Alstom Power Plants Ltd [2005] Lloyd’s Rep IR 18: A claim under an insurance policy for damage to the world’s largest electrical transformers for the hydroelectric project in India. Luke Parsons QC represented the successful Insurers.

Shell UK Limited v CLM Engineering [2001] 1 Lloyds Rep 612: Contractors all risk insurance and design liability insurance in respect of the construction of a North Sea gas line.

Luke Parsons QC has an extensive admiralty background dealing with all aspects of the admiralty jurisdiction.

Cases include:

Tropical Reefer: Anton Durbeck [2006] 1 Lloyds Rep  93: principles regarding wrongful arrest by banks.

Tsavliris Russ v RL Baron Shipping: The Green Opal [2003] 1 Lloyds Rep 523: a claim in respect of allegedly negligent wreck removal

The Guiseppe Di Vittorio [2000] 1 Lloyds Rep 136: the case in the Court of Appeal which established the right to arrest ships belonging to CIS states.

Hercog Novi v Ming Galaxy [1998] 2 Lloyds Rep 454: Court of Appeal: rights under the limitation convention

Sava Star [1995] 2 Lloyds Rep 134: The case which established oil crago interest’s right to claim salvage against carrying ship.

The Anna H [1995] 1 Lloyds Rep 1: the right to arrest for security and the meaning of the caveat against arrest.

In additional Luke Parsons QC has extensive experience in LOF arbitrations.

Acting for Formula 1 tem in ICC arbitration regarding the Formula 1 Concorde Agreement and disputed television rights.

Acting for a premiership football club in dispute arsing out of a player loan agreement.

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