Poonam Melwani QC

In addition to her core shipping work, Poonam is regularly instructed in other substantial commercial disputes, often arising from a shipping relationship, but involving an understanding of wider commercial relationships and needs.
Recent cases have included disputes as to share-holder agreements, joint venture agreements for providing container transport services and most recently a dispute as to risk allocation clauses in a charterparty involving consideration of the definition of holding/subsidiary relationships within the Companies Act legislation. Reported as Enviroco Ltd v Farstad Supply A/S  [2009] 2 BCLC 225, Poonam’s success in the case is shortly to be tested in the Court of Appeal.

Jurisdictional and conflict of law issues frequently arise in general commercial litigation and Poonam has extensive experience of conflicts issues, including the very important House of Lords decision in Airbus Industrie v Patel[1998] 1 Lloyds Rep 631 and [1997] 2 Lloyds Rep 8.

This forms the bulk of Poonam’s practice, with instructions covering all types of charterparty, bill of lading, sale of goods and ship-sale disputes. The cases raise legal issues, proper ship-management issues as well as technical expert issues of all types;  unseaworthiness,  passage planning, proper carriage techniques, training of crew, ship stability, fatigue cracking, engine breakdowns, bunker disputes and explosive cargoes are just some of the areas where Poonam has extensive experience.  Her attention to detail has, in several cases, resulted in frauds and forgeries being un-covered and vindication for her clients.
Recent reported cases in this area include:-

The Ailsa Craig [2009] 1 Lloyds Rep 72– where previous Court of Appeal decisions were reconciled and guidance was given as to the inter-relationship between nomination obligations and cancellation rights;

CSAV v NYK  [2009] EWHC 1606, an appeal under the Arbitration Act 1996 following a commercial arbitration concerning a joint venture for the provision of container transport services;

Enviroco Ltd v Farstad Supply A/S  [2009] 2 BCLC 225 – concerning the proper construction of exemption and indemnity provisions in a charterparty providing for risk allocation as between groups of companies and their affiliates.

Samsun Logix Corp v Oceantrade Corp [2008] 1 Lloyds Rep 450 concerning the validity of liens and their effect on third party rights.

The Flintermar [2005] 1 Lloyds Rep 409, Court of Appeal decision as regards division of responsibility between Owners and Charterers in respect of hatch closing and cargo operations. 

The Trade Green  [2000] 2 Lloyds Rep concerning general average and the proper construction of the York Antwerp Rules.

Seabridge Shipping v A.C Orssleff  [1999] 2 Lloyds Rep 685 an important authority on the commencement of arbitrations and

The Bukhta Russkaya [1997] 2 Lloyds Rep 744 equally important as regards the meaning and effect of a Clause Paramount.

Cho Yang Shipping v Coral UK Ltd [1997] 2 Lloyds Rep 641, Court of Appeal decision as regards liability for freight.

Poonam has done an enormous amount of marine insurance work and significant re-insurance work where successful advice and litigation in this area require an appreciation of the unique policy and commercial considerations applicable to the insurance field.
Notable reported cases are:-

Swiss Re-Insurance v United India Insurance  [2005] Lloyds Rep IR 341 a re-insurance dispute arising out of the mothballing of the construction of power plants in India and raising issues as to the nature of premium payments and material alteration of risk

The Milasan [2000] 2 Lloyds Rep 458 where Poonam acted on behalf of underwriters and successfully proved a scuttling of a luxury private yacht.

Poonam has experience of collision cases and the important procedural and jurisdictional issues that arise in the Admiralty Court concerning arrests, forced sales and sister ship arrests.  Cases as to arrest powers include The Kommunar [1997] 1 Lloyds Rep 22 and collision cases have included The Regina D  and The Da Ye.

Poonam acted on behalf of the Milford Haven Port Authority following the Sea Empress grounding, raising issues of pilot training, oil pollution and as to the liability of the port for the economic and physical consequences of the oil spill.

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