Nevil Phillips

Nevil is well regarded for his experience and expertise in the area of ship finance and mortgage disputes, having acted for a number of the world's leading ship finance lenders and for mortgagor shipowners in disputes relating to ship finance. His experience extends to a detailed knowledge of the law of assignment and related contractual and insurance issues.

Nevil is very well known for his extensive expertise regarding disputes arising out of the carriage of goods. He is highly regarded for his experience and knowledge in relation to charterparty and bill of lading disputes, claims arising in relation to contracts of sale, and matters relating to the carriage of goods by road and storage.
His recent cases include:
The Bunga Saga Lima [2005] 2 Lloyd's Rep. 1 (Com. Ct.): off-hire; waiver.

The Afrapearl [2003] 2 Lloyd's Rep. 671 (Com. Ct.), [2004] 2 Lloyd's Rep. 305 (CA): demurrage; effect of Clause 8 of ASBATANKVOY charterparty.

Bayview v Mitsui [2003] 1 Lloyd's Rep. 131 (CA): marine insurance; Institute Cargo Clauses; exception of "seizure".

Transpacific v Kanematsu [2002] 1 Lloyd's Rep 233 (Com. Ct.): contract of sale f.a.s.; passing of property.

R. (Balbo B & C Auto Transporti) v Home Secretary [2001] 1 WLR 1556 (Div. Ct.): judicial review; statutory scheme for fining carriers varrying illegal immigrants.

 Addax v Arcadia [2000] 1 Lloyd's Rep. 493 (Com. Ct.): contract of carriage of oil; measure of damages; effect of hedging.

Overseas Medical Supplies v Orient [1999] 2 Lloyd's Rep. 273 (CA): carriage by road; UCTA 1977; BIFA terms; failure to arrange insurance cover during transit.

The Elpis [1999] 1 Lloyd's Rep. 606 (Adm. Ct.): contractual construction; addition of a claimant.

Nevil has extensive arbitration experience in oil and gas disputes, offshore installation construction disputes, and matters arising in relation to shipbuilding agreements.

Nevil has appeared as counsel in a large number and a wide variety of commercial disputes. These have included multi-million dollar litigation between high-profile corporate entities, pursuant to instructions from well-known City firms.

Nevil sits frequently as an arbitrator in commercial and shipping disputes and is happy to accept instructions as an arbitrator by reference to a variety of standard terms.

Nevil is highly regarded for his experience in insurance disputes, particularly in the field of marine insurance in which he acts regularly as counsel for both underwriters and assured in relation to policy disputes.

His reported cases in this field include:

Bayview v Mitsui [2003] 1 Lloyd's Rep. 131 (CA): marine insurance; Institute Cargo Clauses; exception of "seizure".

The Lydia Flag [1998] 2 Lloyd's Rep. 652 (Com. Ct.): marine insurance; policy dispute.

Nevil has extensive experience in mediation, having contributed as counsel on many occasions to successful mediation and ADR exercises.

Nevil is a well-known and well-regarded Admiralty practitioner, with a wealth of experience in all of the areas of work which that field entails (including salvage, collision, unsafe port, towage, and enquiries).

Among his notable appearances are:

The Sea Empress (2000-2003) (Adm. Ct.): casualty in Milford Haven; recovery from Oil Pollution Compensation Fund; economic loss; public nuisance.

The Marchioness (2000): Counsel to owners of "The Marchioness" in Formal Investigation before Clarke L.J.

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