Michael Davey

Michael's practice covers all aspects of dry shipping, commodities and transport.

Significant reported cases include: The “UB Tiger” (no.2) [2007] 1 WLR 2288, CA (carriage of goods, issue estoppel, limitation of time); The “Greek Fighter” [2006] Lloyd’s Rep Plus 99 (time charter, alleged oil smuggling, lawful merchandise, safe port, frustration); East West v Maersk [2003] QB 1509, CA (title to sue - misdelivery under bills of lading - foreign law); TSN v Jurgens [2002] 1 WLR 2459, CA (enforcement of foreign judgment) Glencore v Metro [2001] 1 Lloyd’s Rep (applicable law - conversion of goods - foreign law); UBC v Andre [2001] 2 Lloyd’s Rep 65, CA (laycan narrowing in charterparty); The “Aeolian”` [2001] 2 Lloyd’s Rep 641, CA (construction - P&I Club LOU); Ocean Chemicals v Exnor Craggs [2000] Lloyd’s Rep , CA (sale of bunkers - incorporation of terms - time bar).

Michael is instructed in matters related to banking and finance of international trade and shipping, including letters of credit and ship mortgages. Significant cases include Den Norske Bank v Acemex (the “Tropical Reefer”) [2004] 1 Lloyd's Rep. 1, CA (ship mortgage – guarantee).

Michael advises and acts as an advocate in disputes arising out of oil and gas exploration and production. He also has experience of all aspects of shipbuilding disputes.

Michael's practice focuses on commercial litigation with an international element, including issues as to jurisdiction and applicable law.

Significant reported cases include: The “UB Tiger” (no.2) [2007] 1 WLR 2288, CA (carriage of goods, issue estoppel, limitation of time); The “Greek Fighter” [2006] Lloyd’s Rep Plus 99 (time charter, alleged oil smuggling, lawful merchandise, safe port, frustration); East West v Maersk [2003] QB 1509, CA (title to sue - misdelivery under bills of lading - foreign law); TSN v Jurgens [2002] 1 WLR 2459, CA (enforcement of foreign judgment) Glencore v Metro [2001] 1 Lloyd’s Rep (applicable law - conversion of goods - foreign law); UBC v Andre [2001] 2 Lloyd’s Rep 65, CA (laycan narrowing in charterparty); The “Aeolian”` [2001] 2 Lloyd’s Rep 641, CA (construction - P&I Club LOU); Ocean Chemicals v Exnor Craggs [2000] Lloyd’s Rep , CA (sale of bunkers - incorporation of terms - time bar).

Michael advises and acts as advocate in the international arbitration of commercial disputes, including those arising out of oil and gas exploration and production, charterparties, bills of lading, ship sale and purchase, freight forward agreements, insurance and international sale of goods.

Reported arbitration cases include UBC v Andre [2001] 2 Lloyd’s Rep 65, CA (laycan narrowing in charterparty).

Michael is regularly instructed in marine insurance matters, including the issues arising out of piracy under hull, cargo and war risks cover.

Significant cases include RZB v Five Star [2001] QB 825, CA (applicable law - assignment of marine insurance)

Michael is regularly instructed to advise and to represent parties to salvage disputes and in relation to ship collisions. He has particular expertise in relation to the issues arising out of limitation of liability. Reported cases include ICL v Chin Tai [2004] 1 WLR 2254 (limitation of liability); “Global Mariner” and “Atlantic Crusader” [2005] 1 Lloyd’s Rep 699 (collision); and Perks v Clark [2001] 2 Lloyd’s Rep 431, CA (taxation - is a jack up rig a ``ship``).

Michael has considerable expertise and experience in a broad range of fisheries matters from the proof of historic fisheries rights to personal injuries on fishing vessels. Significant reported cases include The “Margaretha Maria” [2002] 2 Lloyd’s Rep, CA (breach of statutory duty and the employment status of fishermen) and Gray v Stead [1999] 1 Lloyd's Rep. 377 (whether negligent not to require fishing crew to wear lifejackets).

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