Nigel Jacobs QC

Letters of credit, guarantees, loan agreements and ship mortgages and related financial instruments and insurance products.  Acted for successful claimants in Charterhouse Development Finance v. Sharp Financial [1998] Ll.R.IR 266, a claim by venture capitalists under and in disputes involving ship mortgage/security proceedings (see Skipskredit v. Emperor Navigation [1998] 1 Ll.R. 66).

Recent experience in repossessions of ships and super yachts and enforcement proceedings arising from “credit crunch”.

Regularly instructed in whole range of dry shipping and commodity disputes including charterparty and bill of lading disputes (unsafe port, off-hire, unseaworthiness, identity of carrier claims and alternative liability in tort and bailment), and ship sale/MOA disputes (recently arising from the credit crunch). Recent instructions have involved the carriage of dangerous goods and the application and scope of the IMDG and BC Codes. Also instructed in GAFTA and RSA disputes (including appearance before the GAFTA Board of Appeal) and in disputes involving commodities, foodstuffs and oil trading.

Recent  cases include The "Genius Star" [2011] EWHC 3083 (Inter Club Agreement); The "Mercini Lady" [2011] 1 Ll.R. 442 (duties of FOB/CIF sellers),  The “Eternity” [2009] 1 Ll.R. 246 (construction of warranty); Whitesea Shipping v. El Paso [2010] 1 Ll.R. 648 (anti-suit injunction and Himalaya clause); The “Fu Ning Hai” [2007] 2 Ll.R. 223 (off-hire); The “Happy Ranger” (No.2) [2006] 1 Ll.R. 649 (unseaworthiness).  Was also counsel in The “Starsin” [2003] (HL) 1 Ll.R. 571 (identity of carrier and liability in tort); The “Happy Ranger” (CA) [2002] 2 Ll.R. 357 (application of Hague-Visby Rules) and The “Kapitan Sakharov” (CA) [2000] 2 Ll.R. 255 (dangerous goods and unseaworthiness).   In addition, regularly instructed in the procedural aspects of these disputes frequently involving freezing orders, anti-suit injunctions and the conflicts of laws.

Instructed in wide range of shipbuilding and related construction projects, including pipeline construction and damage incidents.

Recent experience arising from non-delivery and non-acceptance of new buildings arising from “credit crunch”.

Also regularly instructed in oil trading contracts: see, for example, The "Mercini Lady" [2011] 1 Ll.R. 442.

Instructed in general contractual and related disputes.  Cases include loss of goods from warehouses as a result of fire or theft.  See, for example, Frans Maas v. Samsung UK [2004] 2 Ll.R. 241: theft of mobile telephones from bailee’s warehouse caused by wilful default of bailee’s employees, whether bailee vicariously liable for employee wilful default and whether bailee was entitled to limit liability under cl. 27(A) of BIFA (including the application of the Unfair Contract Terms Act, 1977).  Also instructed in judicial review cases (arising from the exercise of harbour authority and pilotage powers) and public misfeasance.

See, also, The “Julia” [2003] Ll.R.I.R (recovery of interest) and The “Siben” (No.2.) [1996] 1 Ll.R. 35 (fraudulent misrepresentation and rescission).

About 50% of Nigel’s practice involves international arbitration proceedings, including LMAA, ICC and ad hoc proceedings.

Has acted as sole arbitrator (oral hearing and documents alone) and as a member of panel.

Marine and Non-Marine Insurance and Reinsurance: including coverage disputes, non-disclosure and misrepresentation, fraudulent claims and scuttling.   Also involved in disputes involving P&I cover under Club Rules and liability between Clubs under the International Pooling Agreement.

Recent cases: The "Buana Dua" [2011] 2 Ll.R. 655 (construction of "follow the leader" clause and its effect on a breach of warranty defence and fraudulent presentation of a claim); The “Dina” (2008: early neutral evaluation): coverage and non-disclosure/misrepresentation dispute); Eagle Star  v. Games Video, The “Game Boy” [2004] 1 Ll.R. 238 (misrepresentation and fraudulent claim);  Project Asia Line v. Shone [2002] 1 Ll.R. 659 (statutory seaworthiness warranty and coverage dispute); The “Ikarian Reefer” [1995] 1 Ll.R. 455 (scuttling and fraud).

Have acted as mediator and as counsel in mediations on several occasions (in shipping and insurance disputes) during the past few years.

Regularly instructed in marine casualties limitation, collision, salvage, towage and pilotage disputes.

Collision: Acted as counsel in The "Samco Europe" [2011] 2 Ll.R. 579 (an application of the crossing rules) and related costs issues (the effect of the withdrawal of a Part 61 offer: see [2011] EWHC 1656.  More recently acted as successful counsel in MIOM 1 Ltd. v. Sea Echo ENE [2011] EWHC 2715 (counterclaims and costs in collision proceedings and the application of the single liability principle).  Also acted as successful counsel in The "Pearl of Jebel Ali" [2009] 2 Ll.R. 484.

Other collision actions inlude  "The Fedra” [2002] 1 Ll.R. 453 (collision and cause of seawater ingress) and The “Selat Arjuna” [2000] 1 Ll. 627.

Particular expertise involving jurisdictional disputes in limitation proceedings.  Recent cases include The “Western Regent” [2005] 2 Ll.R. 259, The “ICL Vikraman” [2004] 1 Ll.R. 21 and The “Bertona” (6.11.2008) (jurisdiction of Isle of Man in relation to limitation proceedings).

Recent (additional) cases. Limitation:  The “MSC Napoli” (2008) 759 LMLN 2 (the entitlement of a slot charterer to limit its liability) and “The “Leerort” [2001] 2 Ll.R. 291.  Towage: Ease Faith v. Leonis Management [2006] 1 Ll.R. 673.

Regularly instructed in jurisdictional disputes (involving arbitration and foreign proceedings) and injunctive proceedings, including freezing orders and anti suit injunctions.

Recent cases include The "Athena" [2011] EWHC 589: the incorporation of an arbitration clause into a salvage contract and proceedings under s.73 of the Arbitration Act 1996; Brave Bulk Transport v. Spot On Shipping [2009] 2 Ll.R. 115 (anti-suit injunction in the context of enforcement of a judgment); Whitesea Shipping v. El Paso [2010] 1 Ll.R. 648 (anti-suit injunction and Himalaya clause).

Also obtained order for payment of costs by non-party (under s.51 of the Supreme Court Act 1981) in the Ease Faith proceedings.

Involved in cases involving the construction of the Pilotage Act 1987 and local harbour authority statutory powers, in the context of claims for breach of statutory duty, judicial review and public misfeasance.

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