Dry shipping
Tom has extensive experience of all types of dry shipping work, and regularly represents owners, charterers, receivers, forwarders and brokers in court and before arbitral tribunals. He has particular experience of cases involving questions of navigation and seamanship, and matters of a technical or engineering nature.
Recent time charter cases have involved piracy, dangerous cargo, failure to comply with redelivery notices, early redelivery, anti-technicality clauses, groundings in unsafe ports, implied indemnity claims, speed and consumption claims, bunker contamination, non-compliance with MARPOL, IBC and BC codes, cargo contamination and the Inter-Club Agreement.
He also has wide experience of disputes arising under voyage charters, including unsafe port claims, GA disputes, cargo claims involving shortage or contamination of fuel oil and chemical cargoes and demurrage claims (e.g. Portolana Compania Naviera v Vitol Lia Oil v ERG Petroli Vitol v Capri NSCSA v BP Oil Supply Co [2010] EWHC 3043 (Comm)) .
He has been instructed in numerous claims under bills of lading and sea waybills, often concerning questions of title to sue, incorporation of charterparty terms including jurisdiction / arbitration clauses, and time bar (e.g. The “Chitral” Pirelli Cables v United Thai Shipping Jarl Tra AB v Convoys Ltd
Commodities
Tom has acted in a variety of commodities disputes, both in the Commercial Court in relation to the sale of coal and fuel oil, and in trade arbitrations (GAFTA, FOSFA, RSA, LME).
Recent cases include a GAFTA arbitration relating to the sale of soyabean pulp pellets, a FOSFA arbitration over the sale of contaminated Ukrainian sunflower seed oil, and an LME arbitration concerning force majeure in a sale of manganese ore, when the source mine was allegedly overrun by an armed gang.
Transport
Tom has considerable experience of carriage of goods by road (domestic and CMR), including a number of cases involving robberies of high-value consignments by organized criminals in Italy and Russia; and of carriage of goods by air, including several cases of theft of high-value consignments of consumer electronics.
Tom is a leading junior in the field of “wet” shipping. He has a solid grasp of navigation, seamanship and engineering principles, and a facility with technical matters generally. This enables him to work productively with experts, to cross-examine opposing experts effectively, and to explain technical points clearly and simply to tribunals.
Salvage
Tom is frequently instructed in Lloyd’s salvage arbitrations, acting for ship respondents, cargo interests and professional salvors. He represented the owners of a semi-submersible platform which represented, by a large margin, the biggest salved fund in legal history. He appears before the Lloyd’s Appeal Arbitrator, and on section 69 appeals to the Commercial Court (e.g. Maridive VII v Key Singapore Tsavliris Russ v RL Baron Shipping (The "Green Opal")
Collisions
Tom has been instructed in a number of collision actions (e.g. The “Topaz” and the “Irapua” The “Front Ace” and the “Vicky 1” . He recently acted in several disputes arising out of collisions in traffic separation schemes in the Singapore Straits and off Shanghai.
Admiralty
Tom has wide experience of in rem procedure, arrest and security and priorities (e.g. The “Turridu” Steamship Mutual v Owners of Cargo Lately Laden on Board the “Jutha Rajpruek”
He advised a number of claimants in relation to pollution damage resulting from the grounding of The “Sea Empress” . More recently, he represented Italian slot charterers of The “MSC Napoli” in the Admiralty Court limitation proceedings and in the Commercial Court group litigation.
He has particular experience of cases involving casualties arising in the course of towage and heavy-lift transport (e.g. Smit International v Mobius
Energy
Much of Tom's practice is energy-related. Recent cases include representing a South African oil company in a dispute arising from a major refinery fire; acting for BP in a substantial arbitration involving detailed technical disputes over the design, construction and operation of offshore surface and subsea installations, and the economics of offshore production; and representing an offshore construction company in a dispute concerning the laying of subsea oil pipelines.
He has acted in a number of disputes involving the ocean towage, heavylift transportation and salvage of semi-submersibles and jack-ups (e.g. Maridive VII v Key Singapore en route to Europe to construct an offshore wind farm.
He also has wide experience of disputes arising out of the carriage and sale of crude oil, petroleum products and coal.
Shipbuilding & Construction
Tom has acted in a number of shipbuilding cases, involving the construction (and conversion / jumboisation) of container ships, tankers and super-yachts. He has also been instructed in disputes involving the construction of a power station, a petrochemical plant and a tidal barrage.
Tom has wide experience of marine insurance disputes. Recent examples include a claim by owners of a chemical tanker for catastrophic damage to her CPP allegedly suffered before a breach of warranty terminated cover; a salvage indemnity claim arising from the grounding of a fully-laden chemical tanker in the Suez Canal; a P&I claim defended on grounds of material non-disclosure; and a claim for loss of a cargo after the carrying vessel was abandoned by her crew in war-torn West African port.
He has also acted in a number of non-marine insurance cases, including disputes relating to insurance of international customs liabilities, goods in transit, and commercial and domestic buildings.
He acted as junior counsel to the Names in Henderson v Merrett Syndicates
He has also represented insurance brokers in Lloyd’s disciplinary proceedings.
He is a former editor of the Insurance volume of Atkin’s Court Forms.
Much of Tom's practice involves arbitration before LMAA arbitrators and Lloyd’s salvage arbitrators. He also acts in LCIA arbitrations and in trade arbitrations under the aegis of GAFTA, FOSFA, RSA and LME. Invariably, these are international disputes between international parties.
He recently defended a UAE petrochemicals company in London arbitration against a multi-million dollar claim for wrongful repudiation of an alleged long-term contract of affreightment. Although the expert evidence was inconclusive, Tom succeeded in persuading the tribunal that the alleged agreement was a forgery.
Tom has experience of a broad range of applications to the High Court under the Arbitration Act 1996, including challenges to awards on the grounds of lack of substantive jurisdiction under section 67, challenges on grounds of serious irregularity under section 68, appeals on points of law under section 69, applications to extend time under section 12, stay applications under section 9 and antisuit injunctions in support of arbitral proceedings.
He has particular experience of applications for freezing injunctions and other interim relief under section 44 of the 1996 Act. Notable recent examples include obtaining a worldwide freezing injunction against five companies associated with the respondent to a London arbitration, under the Court's Chabra / Cardile
Tom is the current editor of the Arbitration volume of Atkin’s Court Forms. He has edited every edition since the Arbitration Act 1996 came into force.
He is also a contributor to the Arbitration section of Butterworth's Commercial Court & Arbitration Pleadings.
Tom's practice encompasses disputes relating to derivatives, asset finance and trade finance.
Tom was recently instructed in a substantial dispute in the Commercial Court between a commodities trader and the freight derivatives arm of a Chinese steel conglomerate, which defaulted on a series of FFAs incorporating the ISDA Master Agreement, following the collapse in the Baltic Capesize Index in September 2008 .
In the field of asset finance Tom has represented a Norwegian bank in the Commercial Court in a dispute over the refinancing of a fleet of bulk carriers; a Dutch manufacturer of medical equipment in the QBD in a dispute with an asset finance company; and a Swiss container leasing company in the Commercial Court in a dispute with a company representing South African investors.
Tom has acted in a number of trade finance disputes, involving letters of credit, bills of exchange, guarantees and letters of indemnity.
In Strategic Finance Consultants v. Consorzio per lo Sviluppo Industriale della Zona dell’Aussa-Corno
Tom's commercial litigation practice covers commercial contract disputes, share sale disputes (e.g. Dunblane Property v Motorcare
Recent cases include a dispute in the QBD between a soft drinks manufacturer and regional distributors; a franchise dispute in the QBD between an international car rental company and a regional franchisee; a joint venture dispute in the QBD concerning a proposed tourist development in Northern Cyprus; and a dispute in the Commercial Court involving tank container leasing.
In other commercial cases he has represented clients as diverse as a Championship football club, an Italian fashion house, an international wine distributor and several UK publishing companies.
