Simon Croall QC

Called: 1986
Silk: 2008
Middle Temple

Simon Croall is an established commercial silk. Described as “phenomenally bright" (Legal 500, 2010), " … deadly effective" (Chambers & Partners, 2010) and a "super smooth advocate who brings gravitas" (Chambers & Partners 2011), he has appeared in every court (including twice in the House of Lords) and frequently in International Arbitrations. He is a sought after trial advocate as well as being respected in the appellate courts.

He led the team for Owners in landmark House of Lords case on remoteness in contract damages Transfield Shipping v Mercator Shipping ("The Achilleas") [2009] 1 AC 61. Recent reported highlights include AET Inc v Arcadia Petroluem (“The Eagle Valencia”) [2010] 1 Lloyd’s Rep. 593 (Comm CT) and 2 Lloyd’s Rep. 257 (Court of Appeal), the latest word on implied terms from the Court of Appeal Mediterranean Salvage v Seamar[2009] 2 Lloyd's Rep. 639/ [2009] 2 All ER 1127 and Dalwood Marine v Nordana Lines (“The Elbruss”) [2010] 2 Lloyd’s Rep. 315.

Simon is particularly well known for his experience in the following fields: dry shipping and commodities, commercial litigation, International Arbitration, Insurance and Information Technology (see for example De Beers v Atos Origin [2011] BLR 274, a claim arising out of a large scale IT project).

He is a recommended leader for Shipping and Commodities (Legal 500 and Chambers & Partners), Commercial Litigation (Legal 500) and Information Technology (Legal 500 and Chambers & Partners).

Practice areas

Aviation & Travel

Simon is led the team for a major middle eastern airline in an international commercial arbitration relating to the operation of internet booking systems in an arbitration which ended in late 2010.

Dry Shipping, Commodities & Transport

Simon is now firmly established as a leader of choice in relation to charterparty, carriage, international trade and commodity disputes. Recent highlights include:

  • he Led the team for Owners in landmark House of Lords case on remoteness of damages Transfield Shipping v Mercator Shipping (“The Achilleas”) [2008] 3 WLR 345 as well as previously in the Court of Appeal [2007] 2 Lloyd’s Rep. 555 and Commercial Court [2007] 1 Lloyd’s Rep. 19;
  • He appeared in the latest word on bias in arbitration in ASM v Harris and others [2008] 1 Lloyd’s Rep. 61 (Comm Court) following on from related cases on bias in the same dispute, namely ASM Shipping v TTMI [2007] 1 Lloyd’s Rep. 155 (CA) and ASM Shipping v TTMI [2007] 1 Lloyd’s Rep. 131. Subsequently appeared successfully in the arbitration in June 2008.
  • He acted for Owners in the Rafaela S [2005] 2 AC 423 (another House of Lords appearance) and in the Court of Appeal [2003] 2 Lloyd’s Rep. 113 (CA).
  • He also appeared in Front Carriers v Atlantic & Orient[2007] 2 Lloyd’s Rep. 131 (repudiation of time charter), Mass Glory[2002] 2 Lloyd’s Rep. 244 (claim for damages for detention, including rulings on effect of valid NOR’s), and  Evergreen Marine v Aldgate Warehouse [2003] 2 Lloyd’s Rep. 597 (liner freight agreements).

He frequently acts in large scale arbitrations (LMAA, LCIA, ICC) relating to all aspects of shipping and commodity trading disputes.

Commercial Litigation

Simon is an established commercial leader both for litigation and international arbitration. Recent highlights include:

  • He Led the team for Owners in landmark House of Lords case on remoteness in contract damages Transfield Shipping v Mercator Shipping (“The Achilleas”) [2008] 3 WLR 345 as well as previously in the Court of Appeal [2007] 2 Lloyd’s Rep. 555 and Commercial Court [2007] 1 Lloyd’s Rep. 19;
  • He is acting for major Middle East airline in an international arbitration against software provider for online booking about unpaid commissions.
  • He has appeared in a series of International Arbitrations (LCIA, ICC, LMAA) in relation to matters as diverse as copper trading, Liner Conferences, international franchise agreements and petrochemical refining and trading.
  • He appeared in the latest word on bias in arbitration in ASM v Harris and others [2008] 1 Lloyd’s Rep. 61 (Comm Court) following on from related cases on bias in the same dispute, namely ASM Shipping v TTMI [2007] 1 Lloyd’s Rep. 155 (CA) and ASM Shipping v TTMI [2007] 1 Lloyd’s Rep. 131. Subsequently appeared successfully in the arbitration in June 2008.

International Arbitration

Simon is an established commercial leader frequently appearing in  international arbitrations. Recent highlights include:

  • He is acting for major Middle East airline in an international arbitration against software provider for online booking about unpaid commissions.
  • He has appeared in a series of International Arbitrations (LCIA, ICC, LMAA) in relation to matters as diverse as copper trading, Liner Conferences, international franchise agreements and petrochemical refining and trading.
  • He appeared in the latest word on bias in arbitration in ASM v Harris and others [2008] 1 Lloyd’s Rep. 61 (Comm Court) following on from related cases on bias in the same dispute, namely ASM Shipping v TTMI [2007] 1 Lloyd’s Rep. 155 (CA) and ASM Shipping v TTMI [2007] 1 Lloyd’s Rep. 131. Subsequently appeared successfully in the arbitration in June 2008.

Simon also sits as an arbitrator.

Insurance & Reinsurance

Simon Croall is frequently involved in and at home with all types of insurance and reinsurance disputes. Recent cases include:

  • Tryg Baltica v Boston Sefuos and others[2005] Lloyd`s Rep IR 40 relating to the effect of pesification in Argentina upon underlying insurance and London reinsurance contracts
  • Markel & others v La Republica Compania Argentina de Seguros Gerneralis AS and others [2005] Lloyd`s Rep IR 90 relating to the incorporation of a jurisdiction clause into a policy of reinsurance;
  • John Pike v Independent Insurance Co. [1998] Lloyd’s Rep. IR 410 Court of Appeal an insurance claim involving the construction of a standard form theft policy.

Information Technology

Simon Croall is a popular leader in Information technology and related disputes. He has acted and continues to act in large and complex disputes relating to the design, implementation and operation of systems.

His technology work has focussed on large IT projects and is reflected by De Beers v Atos Origin [2011] BLR 274 where he successfully led the team last year in the TCC. He has also been involved in high profile arbitrations including representing a major Middle East airline in an international arbitration in London against a software provider over an online booking system relating to unpaid commissions at a hearing late in 2010.

Simon also acted in Wincor Nixdorf v Triversity case in 2009 relating to an EPOS system in a UK wide retailer and for T- Mobile in Commercial Court dispute relating to royalties due upon the use of systems for  accessing services.

He is a reccomended leader in both Chambers & Partners and the Legal 500.

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Simon Croall QC
  • Academics

    MA Cantab (Law) 1st Class Honours

  • Memberships

    COMBAR, LCLCBA, LLMA (Supporting), Society of Computers and the Law

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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