Saira Paruk

Saira has varied experience in this field.  She regularly advises and acts for major international airlines and airport groups in relation to their defence of personal injury, disability discrimination and baggage claims, and regularly acts in carriage matters involving the full range of issues under the Conventions and EC Regulation 261/2004. 

Saira has also:

• represented a major online travel agency in a range of disputes raising issues of agency and misrepresentation;
• Solely instructed to act in a multi-million pound aircraft leasing dispute; and
• whilst on secondment to a leading law firm, acted on a range of high profile aviation insurance disputes, with individual claims in the region of US$10 million and significant cross-jurisdictional elements, including detailed advice on the position under French law. 

Saira regularly appears in both the High Court and County Courts in a range of banking matters, such as insolvency proceedings, and consumer credit disputes often representing major clearing banks.  The work includes both interlocutory applications and final hearings.

Dry shipping, commodities and transport form the core of Saira’s practice.  As a result, Saira’s practice in this area embraces the full range of disputes arising out of charterparties, bills of lading, contracts of affreightment and the like.  She regularly advises in relation to and acts in cargo damage and misdelivery claims. 

In respect of charterparty disputes, Saira’s experience includes off-hire disputes, demurrage, dangerous cargo, unsafe ports and speed and consumption disputes.

Saira is regularly instructed in international sales disputes and is familiar with all forms of standard international sale contracts (CIF, FOB etc).

In relation to transport, Saira is often instructed in international road carriage cases under the CMR, multimodal transport disputes and domestic road carriage and storage cases involving chains of carriers and forwarders.

Recent and ongoing cases include:

• Geofizika DD v MMB International Ltd (Greenshields Cowie & Co Ltd, Pt 20 defendant) [2010] EWCA 459 – (a case concerning the liability of freight forwarders) where she was solely instructed at first instance, and, on appeal to the Court of Appeal, was led by Richard Lord QC.
• Enviroco Ltd v Farstad Supply A/S  [2009] EWCA 1399; [2009] 2 BCLC 225 – junior to Poonam Melwani in a case concerning the proper construction of exemption and indemnity provisions in a charterparty providing for risk allocation as between groups of companies and their affiliates.  Following a successful application for permission to appeal, this case will be heard by the Supreme Court. 
• Junior counsel (led by Nigel Jacobs QC) in a dangerous cargo claim.
• Solely instructed in a deadfreight and demurrage arbitration claim.   Successfully determined on a documents-alone basis.
• An arbitration claim in respect of a bunker quality dispute.
• Acting for shipowners in their US$3million claim against shipbrokers for negligent misstatement.
• Advising in and acting for head-owners in a hire claim involving liens over sub-hire.
• Acting for a port in a claim arising out of an oil spill.
• Advising the Metropolitan Police in relation to duties and obligations of security staff on vessels employed on the River Thames.
  

Saira’s practice includes shipbuilding disputes including the construction of yachts, super-yachts and tankers. She is currently instructed in relation to various shipbuilding disputes concerning yards in the Far East.

Saira has extensive experience of a broad range of commercial disputes.  She acts and advises in several general commercial disputes often raising issues of construction, misrepresentation and agency. 

Saira was recently a junior to Michael McParland, acting in a high profile multi-million pound High Court dispute raising issues of fiduciary duty and fraud. 
 

Saira has appeared at and drafted submissions for a number of arbitrations with an international element. Saira has also been instructed in a number of cases concerning applications to the Court under the 1996 Act, raising issues including the appointment and removal of arbitrators.

Saira has a broad range of experience in insurance covering both marine and non-marine policies.  She advised and acted for insurers in the High Court in a marine insurance dispute alleging fraud, involving complex expert forensic evidence.

Saira has also recently advised in relation to a reinsurance coverage dispute and continues to advise and act for insurers in a range of subrogated claims.

On secondment to a major Lloyd’s of London Syndicate, Saira advised in relation to various insurance and reinsurance disputes, including a significant claim involving insurance intermediaries, covering a range of agency points.

Saira has experience of general average disputes and arrests.  She is currently solely instructed in various admiralty claims in rem and limitation claims. 

Saira is currently being led by Nigel Cooper QC in a collision claim and was recently led by Jeremy Russell QC in a substantial salvage arbitration.

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