Andrew Carruth

Called: 2013

Practice Overview

Andrew undertakes a broad range of commercial work with an emphasis on shipping (wet and dry), energy, commodities, international trade and insurance (marine and non-marine).  

Andrew regularly appears in the High Court (including the Commercial Court and the Admiralty Court) as well as in arbitrations. Notable cases from 2018 include:

  • LCIA Arbitration (ongoing) (led by Luke Parsons QC and Paul Henton) - an arbitration concerning an FPSO conversion project which was substantially delayed and over-budget, resulting in a claim and counterclaim valued at more than US$125 million.
     
  • The Muammer Yagci (2018) (led by Simon Rainey QC) - a section 69 appeal concerning the meaning of the phrase "government interferences" in the Sugar Charter Party 1999 and whether a seizure of cargo by customs authorities at the discharge port falls within that phrase.
     
  • BB Energy (Gulf) DMCC v Al Amoudi & ors [2018] EWHC 2595 (Comm) (led by Luke Parsons QC) - counsel for the successful respondent in an application for a stay of English proceedings against the directors of an insolvent company. The stay was sought in favour of insolvency proceedings in Morocco. The claim involves allegations of fraud and conspiracy against the directors.
     
  • The Baltic Strait [2018] EWHC 629 (Comm) (led by Alistair Schaff QC) - a section 69 appeal concerning the interpretation of section 2(4) of the Carriage of Goods by Sea Act 1992 and whether a receiver of damaged goods can recover full damages despite having had no proprietary or possessory interest in them at the time of damage.
     
  • Deleclass Shipping Co Ltd v Ingosstrakh Insurance Co Ltd [2018] EWHC 1149 (Comm) - sole counsel in a claim for a constructive total loss under a policy of marine insurance.
     
  • High Court Case (2018) (led by John Kimbell QC) - a claim for £40m of damage to a subsea pipeline caused by a vessel's anchor.

Prior to joining Chambers, Andrew completed an LLM in International Commercial Law with a particular focus on the carriage of goods by sea, international trade and marine insurance. He won the Inner Temple advocacy prize during his pupillage year. He has also undertaken secondments at a leading London shipping law firm and in the insurance industry.

  • Shipping & Maritime K View More

    Dry Shipping

    Andrew specialises in dry shipping. He has extensive experience of advising, drafting and advocacy in relation to claims under charterparties and bills of lading, both in court proceedings and in arbitrations. 

    Andrew’s cases have concerned all areas of dry shipping, including cargo claims, freight and hire disputes, stowage issues, stevedore damage claims, dangerous cargo, unsafe ports, laytime and demurrage disputes, issues of delivery and re-delivery, bunker disputes and vessel speed and performance issues.

    He has handled numerous arbitration claims, including appeals under s.69 of the Arbitration Act 1996, challenges under s.68 of the Act and applications for the appointment of arbitrators.

    Andrew also has experience of cases involving the international carriage of goods by road under the CMR.

    Illustrative cases include:

    • The Muammer Yagci (2018) (led by Simon Rainey QC) - a section 69 appeal concerning the meaning of the phrase "government interferences" in the Sugar Charter Party 1999 and whether a seizure of cargo by customs authorities at the discharge port falls within that phrase.
    • The Baltic Strait [2018] EWHC 629 (Comm) (led by Alistair Schaff QC) - a section 69 appeal concerning the interpretation of section 2(4) of the Carriage of Goods by Sea Act 1992 and whether a receiver of damaged goods can recover full damages despite having had no proprietary or possessory interest in them at the time of damage.
    • LMAA Arbitration (2018) (led by Rob Thomas QC) - a claim concerning a stowage collapse which caused damage to both the cargo and the vessel. The central dispute was whether the collapse resulted from poor stowage or defective tween deck pontoons.
    • LMAA Arbitration (2017) - sole counsel for the successful owners in a five-day arbitration concerning a claim for damage to vessels and unpaid hire in the amount of US$2.3m. The case raised issues about conditions precedent to re-delivery, indemnities, liquidated damages and mitigation.​
    • LMAA Arbitration (2017) (led by David Goldstone QC) - a claim under a guarantee for unpaid hire of over US$20m. The case raised issues as to the circumstances in which a guarantor will be discharged by virtue of variations to the underlying contract.
    • LMAA Arbitration (2015) (led by John Kimbell QC) - a case concerning delay to a voyage resulting from a collision with an unknown object. The case involved issues including unseaworthiness, negligent navigation, reasonable despatch, remoteness of damage and wrongful arrest.
    • High Court Case (2015) - sole counsel in a High Court case involving a claim for demurrage and damages for repudiatory breach of a voyage charterparty.
    • LMAA Arbitration (2015) (led by John Kimbell QC) - a stevedore damage claim.
    • High Court Case (2015) - an interpleader (or 'stakeholder') claim arising out of a freight and demurrage dispute worth US$2.25m. The dispute raised issues relating to the exercise of liens over cargo and sub-freight, as well as the right to intercept bill of lading freight.


    Wet Shipping

    Andrew has significant experience of wet shipping disputes. Illustrative cases include:

    • High Court Case (2018) (led by John Kimbell QC) - a claim for £40m of damage to a subsea pipeline caused by a vessel's anchor.
    • The "Nordlake" v The "Seaeagle" [2015] EWHC 3605 (Admlty); [2016] 1 Lloyd's Rep. 656 (led by Lionel Persey QC) - a collision action involving the apportionment of liability between multiple vessels, arising out of a collision in 2011 and the sinking of the frigate INS Vindhyagiri.
    • Ad Hoc Arbitration (2017) - a claim for amounts owed under a salvage contract on Wreckhire 2010 terms.
    • Ad Hoc Arbitration (2016) (led by Lionel Persey QC) - a claim for amounts owed by a contractor to a sub-contractor under a salvage contract on Wreckfixed 2010 terms.
  • Commercial Dispute Resolution K View More

    Andrew undertakes a large amount of general commercial litigation both in court and in arbitration. He also routinely provides advice in relation to such disputes.

    Andrew's previous cases in this area have involved a diverse range of issues, including: claims relating to the sale and supply of goods and services; claims relating to financial instruments such as swaps and "give-up" agreements; fraud claims; claims relating to the storage of goods; claims for unpaid fees; and claims for breach of settlement agreements. He routinely handles cases involving a diverse range of causes of action such as breach of contract, misrepresentation, negligence, conversion, bailment, unjust enrichment, conspiracy and other economic torts.

    Illustrative cases include:

    • BB Energy (Gulf) DMCC v Al Amoudi & ors [2018] EWHC 2595 (Comm) (led by Luke Parsons QC) - counsel for the successful respondent in an application for a stay of English proceedings against the directors of an insolvent company. The stay was sought in favour of insolvency proceedings in Morocco. The claim involves allegations of fraud and conspiracy against the directors.
    • High Court Case (ongoing) - sole counsel in a claim for breach of a contract for the sale of an events business.
    • High Court Case (2018) - acted for the claimant in a LIBOR manipulation case.
    • LMAA Arbitration (2017) (led by David Goldstone QC) - a claim under a guarantee for over US$20m. The case raised issues as to the circumstances in which a guarantor will be discharged by virtue of variations to the underlying contract.
    • UNCITRAL Arbitration (2017) (led by Lionel Persey QC and Paul Henton) - a claim arising out of a joint venture for the production of lubricant base oils at a hydrocracker plant in Bahrain.
    • High Court Case (2017) - claim for breach of a settlement agreement.
    • Mar-Train Heavy Haulage Ltd v Shipping.DK Chartering A/S [2014] EWHC 355 (Comm) (as a pupil) - a case involving issues of agency and the conflict of laws.
  • Energy & Natural Resources K View More

    Andrew has experience of a range of energy disputes. His previous cases in this area have involved such matters as the construction and operation of oil rigs and FPSOs, damage to pipelines, FPSO off-take agreements, crude oil handling areements, long-term supply contracts and the sale of hydrocarbons.

    Illustrative cases include:

    • LCIA Arbitration (ongoing) (led by Luke Parsons QC and Paul Henton) - an arbitration concerning an FPSO conversion project which was substantially delayed and over-budget, resulting in a claim and counterclaim valued at more than US$125 million.
    • BB Energy (Gulf) DMCC v Al Amoudi & ors [2018] EWHC 2595 (Comm) (led by Luke Parsons QC) - a claim involving contracts for the sale of crude oil allegedly procured by fraud on the part of the directors of an insolvent oil company.
    • UNCITRAL Arbitration (2017) (led by Lionel Persey QC and Paul Henton) - a claim arising out of a joint venture for the production of lubricant base oils at a hydrocracker plant in Bahrain.
  • Shipbuilding K View More

    Andrew has been involved in a number of disputes under shipbuilding contracts, especially cases concerning variations, defects, delay, disruption and termination.

    Illustrative cases include:

    • LCIA Arbitration (ongoing) (led by Luke Parsons QC and Paul Henton) - an arbitration concerning an FPSO conversion project which was substantially delayed and over-budget, resulting in a claim and counterclaim valued at more than US$125 million.
    • High Court Case (2017): arbitration claim concerning the interpretation of the warranty provisions in five contracts for the construction of ships.
    • LMAA Arbitration (2017) (led by John Kimbell QC) - a case concerning the construction of a series of vessels in China and rights of cancellation for delay.
  • Insurance & Reinsurance K View More

    Andrew has a general interest in insurance and marine insurance matters of all kinds and has been involved in a number of such cases. He also regularly advises on issues of policy interpretation.

    Before joining Chambers, Andrew worked for a short time in the insurance industry. He has also spent time seconded to the legal team of a leading London insurer where he advised on matters of policy interpretation.

    Notable cases include:

    • Deleclass Shipping Co Ltd v Ingosstrakh Insurance Co Ltd [2018] EWHC 1149 (Comm) - sole counsel in a claim for a constructive total loss under a policy of marine insurance.
    • High Court Case (2018) - advising on the effect of a "pay to be paid" clause in a policy of marine insurance.
    • High Court Case (2014) (led by John Russell QC) - a claim for €4m under a credit insurance policy.
  • International Trade & Commodities K View More

    Andrew routinely handles international trade cases, typically sales on FOB, CIF, C&F, FAS, or other such terms.

    Andrew also has experience of cases involving the international carriage of goods by road under the CMR.


Academic


LLB, King’s College London (First Class).
LLM, UCL (Distinction).
BPTC, BPP Law School (Outstanding).

Awards


Inner Temple Pupils’ Advocacy Prize.
Inner Temple BPTC Performance Prize.
Inner Temple Exhibition Award.
Atkin Chambers Commercial Law Moot (Winner).

Languages


German (intermediate).
French (basic).
Japanese (basic).

In-House Experience


Placement at a leading London shipping law firm (October 2014).
Seconded to a leading insurance company
(February-March 2015 and February-March 2016).

Memberships


COMBAR.

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