Ruth Hosking

Ruth undertakes a range of advocacy and advisory work in banking & finance including Financial Services Regulation in the UK.  Ruth regularly appears in trials and applications on behalf of major clearing banks and financial institutions and has been instructed on numerous cases involving professional negligence and breach of contract claims against investment advisers, breach of mandate claims, allegations of undue influence, claims under guarantees and restitutionary remedies for mistaken payments. 

Ruth represented the defendant Bank Waterfall v. HSBC Private Bank (UK) Ltd (unreported decision of Judge Hegarty QC); a case concerning the true and proper construction of Rules 5(23) and 5(31) SFA Rules (now the FSA Rules) and allegations of breach of mandate, breach of contract and negligence in relation to the management of the investment portfolio. 

Ruth has extensive experience of all kinds of dry shipping, commodities and transport disputes, including numerous disputes under charterparties, bills of lading, MOAs, FOB & CIF contracts and contracts for carriage of goods by road. 

Ruth recently appeared with Simon Croall QC in the House of Lords’ landmark case, The Achilleas [2008] 3 WLR 345, now the leading authority on remoteness of damage and assumption of responsibility; and with Simon Rainey QC in The Limnos [2008] 2 Lloyd’s Rep. 166, the first case to consider the definition of “goods lost or damaged”; in Article IV, r. 5(a) of the Hague-Visby Rules.

Ruth has been instructed in numerous cases involving cargo claims, demurrage, unseaworthiness, delivery and redelivery obligations, cancellation clauses, deviation, detention, withdrawal and anti-technicality clauses, speed and consumption claims and bunker disputes.  She also has a wide ranging practice in transport including the domestic and international carriage of goods by road with a particular emphasis on disputes arising under the CMR, BIFA and the RHA conditions.

Energy represents a growing area of work for Ruth which overlaps with her specialisms in general commercial litigation and shipping.  She undertakes all aspects of energy and construction including oil and gas contracts, operating agreements and the operation of onshore and offshore structures together with associated equipment and craft.

Ruth has recently been working with Simon Rainey QC on a case concerning the installation of a guardian structure associated with caissons in connection with two gas wells in Turkey (now settled) and with Lionel Persey QC on a dispute relating to the installation and tie-in services of a pipeline in Gabon.   Ruth has also recently been instructed on a case involving alleged breaches of mining leases and mining licences in Sierra Leone (now settled).

Ruth has a busy general commercial litigation practice encompassing advisory and advocacy work across a broad range of commercial disputes.  She regularly appears in the full range of courts and tribunals and her commercial practice includes private international law, conflict of laws, consumer credit and international and domestic contracts of sale.

In the last year Ruth has advised on a number of international and domestic contracts of sale and contracts for the supply of goods and services.  She has represented finance companies at trial in relation to a restricted use credit agreement within s. 11(1)(a) of the Consumer Credit Act 1974 where the cases involve allegations of unsatisfactory quality and fitness for purposes under the Supply of Goods (Implied Terms) Act 1973.

Ruth regularly advises on the true and proper construction of contracts and contractual terms including assignments of mining leases and licences, contracts for the installation and tie-in services of pipelines, contracts of insurance and international sale contracts for commodities such as crude oil and petroleum.

Ruth has extensive experience of all kinds of arbitration disputes under the Arbitration Act 1996 including ICC, LCIA, UNCITRAL, LMAA, HKIAC, trade association and ad hoc arbitrations. 

By way of example Ruth has appeared in an ICC arbitration relating to a claim and counterclaim arising out of a failed joint venture agreement in Tajikistan which involved potential money laundering issues, and was instructed in an LCIA arbitration relating to alleged agency commission due under an agreement where the project did not go ahead (now settled). 

Ruth is currently instructed on behalf of claimants in an arbitration under the UNICITRAL Rules at the Hong Kong International Arbitration and on behalf of respondents in an ICC arbitration relating to pharmaceuticals joint venture agreement.

Insurance represents a growing area of work for Ruth and she is a popular choice for advisory and advocacy in coverage disputes.  Ruth regularly advises on policy defences (including misrepresentation, material non-disclosure, excluded perils, breach of warranties/ condition precedents) and issues of moral hazard and allegations of fraud.  She has also advised in cases concerning insurance broker’s breaches of fiduciary duties and restitutionary remedies for mistaken payments (including asset tracing).

Ruth is currently instructed on behalf of insurers in a coverage dispute (due for trial in summer 2009) involving multiple allegations of breach of warranties and conditions precedent, and she has recently advised on the interplay between sections 60, 62, 65 & 78 of the MIA 1906.  Ruth was a research junior to David Goldstone (as he then was) in a 10 week commercial court trial concerning issues of material non-disclosure, moral hazard and allegations of fraud: North Star Shipping Ltd v. Sphere Drake Insurance plc [2005] EWHC 665 (Comm).

Ruth is a popular junior for advisory and advocacy in salvage, collision & admiralty work.  Ruth has been instructed in a number of large salvage arbitrations and has variously acted for salvors, shipowners and cargo respondents in relation to both Article 13 and SCOPIC cases.  She has also been instructed in a number of collision cases in addition to advising and appearing in applications for determination of priorities, payment out of court following sale of a vessel and arrest proceedings.    

In 2007 Ruth was junior to Jeremy Russell QC, representing Shipowners, in a 4 week salvage arbitration (Article 13) involving complex issues of salvors' negligence in relation to environmental matters.  Ruth was recently a junior to Timothy Brenton QC, representing salvors, in a salvage arbitration (SCOPIC) involving a large counterclaim for alleged negligence and a legally significant issue relating to the construction of the Limitation of Liability for Maritime Claims 1976 and the 1996 Protocol (now settled).  She was  also instructed with Nigel Jacobs QC in relation to a collision action in the Admiralty Court involving complex issues of quantum (now settled).

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