Peter Ferrer

Called: 1998
Inner Temple

Peter practices mainly in the Commercial Court, Mercantile Lists and arbitration including LMAA, ICC and LCIA. He is an experienced trial advocate. He has extensive experience of all forms of interlocutory applications including urgent injunctive relief such as freezing injunctions, search orders and other interim applications such as anti-suit injunctions, Vasso orders, security for costs and pre-action disclosure. He undertakes all forms of advocacy including drafting and advisory work in the following main fields:

  • Injunctive Relief
  • Commercial litigation
  • Shipping including charter party and bill of lading disputes, ship sale and construction disputes
  • Insurance and Reinsurance
  • Aviation
  • International Arbitration

Practice areas

Aviation & Travel

Peter is regularly acts on behalf of airlines, airports, manufacturers and insurers. He has particular aviation experience in relation to manufacturer liability claims includes acting on behalf of Honeywell in relation to the litigation arising out of the nose landing gear collapse in Manchester and recently acting on behalf of the Nimrod Review appointed by the Secretary of State for Defence at the inquest into the loss of the 14 personnel on Nimrod XV230. He has been instructed on numerous Convention claims including Cannon v MyTravel

Peter is very familiar with CAA, JAR-OPS 1 and EU-OPS regulations having been instructed on behalf of the AOC holders in a High Court action in relation to an AOC ‘piggy-back’ dispute between operators and owners of a private fleet of jets (settled before trial).

Banking & Finance

Peter has broad commercial experience acting on behalf of and against banks and financial institutions. His experience includes disputes under documentary credits and guarantees, banking operations and investment advice. His cases include Lancore v Barclays Bank [2009] EWCA Civ 752 (he acted for a Payment Services Provider in a claim arising out of the Bank’s role as merchant acquirer in the credit card payment system and the availability of an illegality defence; an appeal is pending for April 2009). Fortune Hong Kong Trading Ltd v Cosco-Feoso [2002] EWHC 79 (Comm. Ct.) (Construction of a letter of indemnity involving the Hong Kong Money Lenders Ordinance, the law of guarantees and measure of damages for fraudulent misrepresentation). Gangway Ltd v Caledonian Park Investments (Jersey) Ltd [2001] 2 Lloyd’s Rep 715 (Comm. Ct.) (Realization of Bank’s security when assets covered by a freezing order).

Dry Shipping, Commodities & Transport

Peter acts on behalf of Owners, Charterers, P&I Clubs, port authorities, shipyards, trading houses, transport companies and numerous shipping firms worldwide. He has considerable experience of disputes arising out of NYPE, GENCON, ASBATANKVOY, ICA, GAFTA and FOSFA.  He recently acted for the successful party in The Silver Constellation (at the arbitration stage) concerning Rightship approval in an NYPE charter. He acted (together with Simon Croall Q.C.) for the successful party in a US$9 million joint venture arbitration between major shipping companies ( the section 68 appeal is reported at Compania Sud-Americana De Vapores SA v Nippon Yusen Kaisha [2009] EWHC 1606 (Comm).  He has strong expertise in disputes arising out of Hague/Hague-Visby Rules. He has particular strength in ‘document heavy’ technical cases and is currently involved on behalf of a shipyard in a US$10 million refit claim. He is often instructed in relation to disputes arising out of MoAs and Norwegian Sale Forms.

Other cases include:

Sony Computer Entertainment Ltd v (1) RH Freight Services Ltd (2) Jordan Freight (3) Gunther Konig Transport GmbH Speditionsunternehmen (Simon J) [2007] EWHC 302 (Comm) (Stay of proceedings pursuant to Reg. 44/2001, Art 28 in favour of Dutch proceedings)

Torch Offshore LLC v Cable Shipping Inc. [2004] EWHC 787 (Comm) Cooke J. Challenge to arbitration award involving serious irregularity, distinction between issue and claim, whether application barred under section 57 (3) by failure to apply to arbitrators under slip rule. Scope of the slip rule.

 

Minermet SPA Milan v Luckyfield Shipping Corp SA [2004] EWHC 729 (Comm) Cooke J. Involving appointment of sole arbitrator under GENCON charter party and whether any risk of substantial injustice.

David Del Curto and Others v Compania Sudamericana de Vapores SA "The Swan Ocean" [2004] CLCC Mercantile List - Cargo claim in relation to the deterioration of Chilean Kiwifruit - failure to care for cargo - inherent vice.

Energy, Shipbuilding & Construction

Peter is regularly instructed in relation to disputes arising out of the offshore industry. He acts on behalf of underwriters, surveyors and shipyards. He is currently acting for a Spanish shipyard in a substantial arbitration claim. Peter is currently instructed in relation to a €11 million super yacht dispute.

Commercial Litigation

Peter undertakes a wide range of commercial work including civil fraud, international sale of goods disputes and asset finance litigation. He regularly advises on matters involving conflicts of law and jurisdictional issues. He was recently involved in enforcement proceedings in relation to a judgment of Supreme Court of British Columbia under the Foreign Judgments (Reciprocal Enforcement ) Act 1933. He was also instructed in relation to enforcement of an Arizona Superior Court Judgment in the context of Holocaust Era artwork. He successfully acted on behalf of a major oil trading house in a dispute over a multimillion pound commission allegedly owed to an oil trader. He has been involved in several Multi Trader Intra-Community VAT fraud and dishonest assistance cases in excess of £34m. . He is regularly instructed by management receivers under Proceeds of Crime Act 2002.

International Arbitration

Peter has extensive experience in arbitration under a variety of rules including ICC, LCIA, IBA and LMAA. The subject matter of the arbitrations include the off shore industry, oil and gas disputes and joint ventures.

Insurance & Reinsurance

Peter has broad insurance and reinsurance experience in marine and non-marine insurance acting on behalf of assureds, underwriters and brokers.  His experience includes:

  • Acting for underwriters ( instructed by Simmons & Simmons) on behalf of Beazleys in relation to a US$5 million claim involving coverage issues under a Legal Expenses policy; 
  • Acting for the assured in relation to coverage dispute arising out of a fire at the assured premises
  • Acting on behalf of QBE (instructed by BLG) in a multimillion pound reinsurance claim in the Commercial Court (settled before trial). 
  • Acting on behalf of Beazleys in relation to a professional indemnity policy (IFAs) involving Isle of Man proceedings against the financial adviser (instructed by Robin Simon)
  • Acting (together with Charles Haddon-Cave Q.C) (instructed by Taylor Wessing) in relation to a multimillion pound claim for an indemnity under a Container, Trailer and Equipment policy concerning the claims control clause and alleged breach of conditions precedent.
  • Acting on behalf of the assured in a marine policy relation to the constructive total loss of a yacht in the Bay of Biscay, involving issues of suspensive warranties and sue and labour provisions.                
  • Acting on behalf of Beazleys in relation to a professional indemnity policy (architects) involving coverage issues due to alleged non-compliance with the notification provisions in the policy

Salvage, Collision & Admiralty

Peter has acted in several salvage arbitrations including acting for cargo in relation to the MEDEA K. The case concerned an LOF claim in relation to a bulk carrier which developed a list off the coast of West Africa laden with 12,000mt of logs bound for China and was abandoned by her crew.  

Peter has traditional Admiralty experience including salvage, collision and limitation actions. He is currently acting for slot charterers in the MSC NAPOLI whose right to limit was recently upheld in Metvale v Monsanto International SARL [2009] 1 Lloyds Rep. 246. He is also currently acting for cargo interests in the sinking of the SUN CROSS.

Sports & Media

Peter recently acted against Notts County in a sponsorship dispute which settled amicably before trial.

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Peter Ferrer
  • Academics

    B.A. (Double 1st Class) (Cardiff), Dip.Law (Commendation) (City), LL.M. (KCL) (Merit)

  • Academic Prizes / Scholarships

    Inner Temple Major Scholar
    Cardiff University Williams Prize for distinction in German

  • Other qualifications

    Accredited College of Law Mediator;
    Associate of the London College of Music

  • Languages

    German, Polish and Italian

  • Publications

    Atkins Court Forms on Insurance (2001 Ed.), Arbitration Appeals in Butterworths Commercial Court and Arbitration Pleadings (2005)

  • Papers delivered

    Fraud – Not a Four letter word - In house seminar to the Inn Group 2006
    Anti-Suit Injunctions and arbitration – Quadrant Chambers Conference, Piraeus, Greece, 2007
    Restitutionary Remedies – In house seminar to Bedell Cristin Jersey 2008
    Letters of Credit – In-house seminar to Reynolds Porter Chamberlain 2009

  • Memberships

    COMBAR, LCLCBA

  • Pro Bono

    Bar Probono

  • Personal

    Married with one child

  • Interests

    Music, composing, reading and cooking

Contact information

Quadrant House
10 Fleet Street
London EC4Y 1AU

Tel. +44 (0)20 7583 4444
Fax +44 (0)20 7583 4455

DX 292 London
Chancery Lane

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