Matthew Reeve

Matthew is instructed in a wide range of London Market and international commercial disputes in the Commercial Court and elsewhere (including arbitration).

Notable and Recent Cases Include:

Jet Finance Group LLC v Hawker Beachcraft Limited (Comm. Court, ongoing). Title dispute between the original purchaser of British Aerospace 125 jet aircraft and a Tennessee financier which registered a subsequent mortgage on the FAA register; issues of estoppel of ownership and negligent estoppel; effect of registration on unregistered prior interests.

Gamit Limited v Saudi Royal Flight (2009). $48m claim for repudiatory breach of contract for overhaul of engines of Royal Boeing 747.

Forrest v Glasser [2006] 2 Lloyd's Rep 392 (Court of Appeal). Contract for sale and purchase of shares; whether letter amounted to a notice of a "claim" on the share sale warranties for the purposes of the contractual time bar; whether the court could take account of pre-notice correspondence for the purposes of construing the notice of claim.

Biscit CSP Limited v Netservices PLC (2006) Commercial Court. Dispute between wholesalers and retailers of broadband internet supplies in which 9500 of the claimant's customers were cut off by the Defendants; unlawfulness of supply interruption.

Central Fuel Card v Woods (2005); Share warranty dispute. Meaning in standard clause of "manifest error" by independent accountant in performance of role as jointly appointed expert.

KPMG Corporate Finance v Argenta Group plc (2005). Claim against a Lloyd's underwriting group for corporate finance consultant's success fee for the introduction of investment capital, including finance by way of reinsurance funding.

Matthew has over 20 years' experience in handling insurance and reinsurance disputes and regulatory matters. Before moving into private practice, he was employed in the Solicitors Department at Lloyd`s of London. His experience embraces traditional coverage disputes in reinsurance and all classes of direct insurance; marine, aviation, non-marine (including property, fire, bloodstock and export credit insurance). He also advises and represents clients in respect of a much wider range of issues involving insurance regulators, insurance companies, Lloyd's syndicates and brokers, including market regulation, disciplinary and professional negligence. He advises on regulatory matters both in the UK and abroad.

Notable and Recent Cases Include:

Reinsurance arbitration, seated in Bermuda (2008). Excess of loss treaty programme claims arising out of successive catastrophes in the United States; misrepresentation; technical issues concerning the balancing and spread of property reinsurance accounts.

Harper Versicherungs AG v Indemnity Marine Assurance Co Limited [2006] 2 Lloyd's 263 (Commercial Court). Reinsurance dispute concerning treaties written in 1965-68. Whether the mistaken reference to arbitration by claimants whose interest in the reinsurances had been divested pursuant to a portfolio transfer under Part VII of the Financial Services and Markets Act 2000 could be treated as a reference to the transferees; whether new balances falling due under the reinsurances after the first arbitration had to be claimed by separate arbitration.

KPMG Corporate Finance v Argenta Group plc (2005). Claim against a Lloyd's underwriting group for corporate finance consultant's success fee for the introduction of investment capital, including finance by way of reinsurance funding.

London Gynaecology and Fertility Centre v National Westminster Insurance Services (2003); Negligence of broker. Broker obtaining insurance against liabilities of fertility centre, limited to liability for personal injury. No insurance against the centre's potential liability for the costs of upkeep of child when it impregnated patient without the consent of the sperm donor. Duty of broker to inform himself of law relating to insurable liabilities of client.

Sir David Berriman v. Rose Thomson Young (Syndicate 255/258) [1996] 5 Reinsurance L.R. 117 (LMX).

Bates and Others v. Barrow and Others [1995] 1 Lloyd`s LR 680; (Reinsurance). Illegality of reinsurance policies made by an English coverholder of a foreign reinsurer. Construction of Section 132 of the Financial Services Act 1986.

Edwin Arthur Simner v. The New India Assurance Company Limited: [1995] L.R.L.R. 240 Reinsurance. Extent of insured's duty to make investigations for the purposes of making a fair presentation of the risk.

Lady Patricia Ashmore v. The Corporation of Lloyd`s (No.1)[1992] 1 WLR 446: [1992] 1 Reinsurance. L.R.335. Lady Patricia Ashmore v.The Corporation of Lloyd`s (No.2) [1992] Lloyd`s LR 620 (Duties owed by Lloyd`s as market regulator).

Matthew's international aviation and travel practice is acknowledged in Chambers & Partners/The Legal 500/ Legal Experts. It spans all aspects of airline liability, passenger/air accident claims, carriage of cargo, aircraft manufacturer and maintainer liability, air accident investigation and inquests, airline regulation, tour operators, aircraft and engine financing, conflicts of laws and aviation insurance/reinsurance disputes. It regularly involves the management of multiparty and disaster litigation. Matthew is guest lecturer for the Royal Aeronautical Society on its Air transport Course.

Notable and Recent Cases Include:

Datec Electronic Holdings Limited v United Parcels Service Limited [2007] 1 W.L.R. 1325. In February 2007, Matthew represented the successful respondents in the House of Lords. He had also appeared at first instance in the Commercial Court ([2005] 1 Lloyd's Rep 470) and in the Court of Appeal ([2006] 1 Lloyd's Rep 279). The House considered the extent to which carriers can use their standard terms and conditions to displace their liabilities under international carriage conventions, such as CMR and the Warsaw Convention. The House also stated the limits of the Court of Appeal's role when considering appeals from findings of fact.

Day v Tasker (2009). Multi-party litigation arising out of Lake District helicopter crash, involving claims of pilot/instructor and maintainer/engineer negligence. Matthew defended the engineer who conducted the aircraft inspection before the crash.

Hall v Heart of England Balloons (2009). Issue as to whether there is power under the Montreal Convention to correct the defendant's name.

Thomas Cook v Kaya (2009). Art 23 of Judgments Regulation; whether tour operator must draw change of jurisdiction clause in standard accommodation contract to the attention of the supplier.

Linatex v Kreisky (2009). Blackbushe air crash; a claim on behalf of the subrogated insurers. A case in which an order was made requiring the AAIB to disclose the contents of the cockpit voice recorder.

Armstrong v IAE (2008). Acting on behalf of the family of Andrew Armstrong, a banker who died when his aircraft engine failed on take-off from Jersey Airport.

Paton v MOD (2007). Claim against Ministry of Defence for negligence in respect of a fatal accident involving a Cessna 182 and an RAF Sea King at Newquay airport.

Valence Location SARL v Lotus Air (2005). Finance of purchase of Boeing 747 aircraft. Availability of relief from forfeiture under aircraft finance lease.

Lee v Airtours [2004] 1 Lloyd's 604. Sinking of the cruise ship SUN VISTA on 20 May 2000 (1000 passengers aboard). Whether the tour operators could limit their liability to passengers by reference to international conventions (such as the Athens and Warsaw Conventions) relating to international carriage.

The Sixth Duke of Westminster v Raytheon Aviation Services Limited and Cessna Aircraft Corporation (2003). Claim of about $4m, arising out of a fire which damaged a personal jet, against manufacturers and maintainers. Investigation of the causes of the fire and the role of high voltage electrical connectors. Extent of the duties owed in tort by aircraft manufacturers to the ultimate operators, in the light of the manufacturers' obligations under the US Federal Aviation Regulations.

Winchester Fruit v. American Airlines [2002] 2 Lloyd`s Rep. 265. Liability of carriers for perishable cargoes under Art 18 of the Warsaw Convention.

R v. CAA ex parte Jet Services [2001] EWCA Civ 610. Regulation/Judicial review. Whether payment-collecting brokers acting in the wholesale market for flight accommodation are "making available" for the purposes of the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995.

Various inquests arising out of air accidents, including DVT-related cases: In re Stephen Curtis (2006); Bournemouth Augusta 109E crash in which assassination by the FSB was alleged. In re Schumejda and Swingle (2004); Birmingham Airport crash of Bombardier Challenger - $100m claim in US.

Matthew has extensive experience over a wide range of dry shipping and transport disputes, including time and voyage charterparties , contracts of affreightment, bills of lading, charter hedging contracts, multi-modal carriage and commodities contracts.

Recent cases:

Matthew appeared in the House of Lords for the successful respondents Datec Electronic Holdings Limited v United Parcels Service Limited [2007] 1 W.L.R. 1325 (carriage by road and air carriage under the CMR and Warsaw Convention).

The "JIN RUI"; Fratelli D'Amato v Transfield Shipping (2009). One of the issues was the extent to which non-monetary benefits of owner under a NYPE time charter could be transferred by way of a legal assignment under section 136.

Various recent arbitrations relating to a wide range of issues including extent to which time to comply with time charterer's voyage orders should take account of length of charterparty chain, enforceability of liens of sub-hire and sub-freight, charter guarantees, assignments, and short delivery.

Currently instructed in disputes involving commodity supply "chain" contracts.

A large proportion of Matthew's practice is conducted in international arbitrations, including under ICC and LMAA rules. He appears both as advocate and, increasingly, as arbitrator.

Recent cases include:

ICC arbitration (2009). Agency claim in respect of several large construction projects in the Middle East.

Reinsurance arbitration, seated in Bermuda (2008). [See "Insurance and Reinsurance"].

Adam Equipment v Radwag (2007). International arbitration seated in Austria under Vienna Rules concerning worldwide distribution rights in respect of industrial balances.

Matthew has considerable experience of sports disputes. He has acted for three premiership football teams and several Formula One personalities, in respect of matters such as sponsorship agreements, management disputes, finance and training infrastructure issues.

Matthew runs his own motor racing team.

He has experience of both acting in ship and yacht construction claims and in energy insurance and reinsurance disputes.

Most recently, he appeared for the Shipyard in Adyard v Serco Denholm Marine Services[2011] EWHC 848 (Comm) -  claims in respect of rescission of the contracts for the construction of two support ships for the Royal Navy.  He was instructed also by the designers of the "MIRABELLA V" (2009), the largest single-masted sloop, in respect of a claim negligence arising out of the structural failure of the mast-support.

Matthew' practice focuses mainly on hull and machinery policy claims, including scuttling cases. He acted for the successful underwriters in Pantera Consultants v Aachener Munchener, a scuttling case. [See also "Insurance and Reinsurance"].

Matthew is regularly instructed to appear in asset finance matters, including asset recovery cases and enforcement of guarantees, particularly involving shipping and aviation infrastructure finance.

Recent cases:

Jet Finance Group LLC v Hawker Beachcraft Limited (Comm. Court, ongoing). Title dispute relating to British Aerospace 125 jet aircraft subject to a US-registered mortgage; issues of estoppel of ownership and negligent estoppel. [See "Commercial Litigation"].

Valence Location SARL v Lotus Air (2005). Finance of purchase of Boeing 747 aircraft. Availability of relief from forfeiture under aircraft finance lease. [See "Aviation"]

Capital Bank v Airjet and Boeing Capital v Wells Fargo Bank (2004). Two aircraft finance cases in which the recovery of jet airliners were sought and which raised issues as to the extent and enforceability of general liens in respect of aircraft.

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