Nigel Cooper QC

Nigel has a broad commercial practice, covering most aspects of international trade (including commodities) and the carriage of goods, as well as construction (including off-shore), railways, professional negligence (particularly in relation to shipbrokers), fraud, international supply contracts and conflicts of law. For much of 2007 to early 2009, Nigel was heavily involved as junior counsel to one of the shipbroking defendants in Intrigue Shipping Inc  v. H Clarkson & Co Ltd part of the Fiona Trust litigation.

Nigel’s dry-shipping and commodities practice is broad and varied. He works on all types of charter party and bill of lading dispute, appearing in reported cases such as The Doric Pride [2006] 2 Lloyd’s Rep 175 and [2005] 2 Lloyd’s Rep 470 and regularly in LMAA and commercial arbitrations. He recently appeared in Ferryways NV v. Associated British Ports [2008] 1 Lloyd’s Rep 639, a case relating to the liabilities of a port terminal operator. Nigel is currently engaged in a major claim against ship managers for alleged negligence in the management of a fleet.

Nigel also has experience of the rail and aviation sectors including advising the government on regulatory issues for the rail industry and in relation to a dispute over rights of access to an airfield. Nigel appeared as junior counsel for the defendant contractors in Great North Eastern Railway Ltd v. Railcare Ltd [2003] EWHC (Comm) 1608, a claim for losses incurred by a rail operator following a derailment.

Nigel has a strong practice in the fields of energy, construction and shipbuilding (including superyacht construction). He has been extensively involved over the last four years with two major superyacht construction disputes, one for the builder and one for the owner (currently expected to go to trial in autumn 2009). Nigel’s government work has included advising on a shipbuilding dispute for vessels worth in excess of £300 million. He is junior counsel for a major state energy company in commercial litigation arising out of the collapse of a rig with claims in excess of US$50million.

Seadrill Management Services Ltd v. OAO Gazprom [2009] EWHC 1530

Nigel appears regularly in London arbitrations including ICC, LMAA and adhoc arbitrations. Nigel accepts appointments as an arbitrator.

Nigel appears in a broad range of Insurance and Reinsurance disputes, both marine and non-marine. He has appeared in a number of reported cases in the commercial and appellate courts, including W.I.S.E. Underwriting Agency Ltd v. Grupo Nacional Provincial S.A. [2004] 1 All ER (Comm) 495 and [2004] 2 Lloyd’s Rep. 483 (CA), and Almatrans SA v. Tutova Shipping Co Ltd [2007] 1 Lloyd’s Rep. 104.  Nigel has a specialist interest in (super)yacht insurance disputes and recently advised the Treasury in connection with a retrocession dispute for sums in excess of £80million.

Nigel is an accredited mediator, and has appeared as parties’ representative in mediations.

Nigel specialises in all types of admiralty work including collision, limitation and wreck removal in formal investigations into the loss of the MV Derbyshire, the FV Gaul, and the Marchioness/Bowbelle. Nigel also has extensive experience in the field of marine pollution (e.g. R (on the application of Intertanko)[2007] Env LR 8). Current cases include a collision action for sums in excess of US$30million arising out of damage to a seismic array and an arbitration under a standard form wreck removal contract with claims and counterclaims in excess of US$15million.

The "WESTERN NEPTUNE" [2009] EWHC 1522

Nigel is on the Attorney General’s ‘A’ Panel, and has appeared for the Government in three of the most recent shipping formal investigations. Nigel’s work for the government means that he also has experience of the administrative courts and judicial review. Nigel appeared for the Crown in R (on the application of Intertanko)[2007] Env LR 8 and has recently been acting for the Ministry of Justice in relation to a series of judicial review applications (including a linked application for a civil restraint order).

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