Simon Croall QC

Called: 1986 Silk: 2008

Practice Overview

Simon Croall QC is Head of Quadrant Chambers. He is an established commercial silk who has appeared in every court (including two recent appearances in the Supreme Court). He is a sought after trial advocate as well as being respected in the appellate courts. In recent years much of his work has been in the context of International Arbitrations.

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 another important case on damages Fulton Shipping v Globalia (The New Flamenco) in the Supreme Court [2017] UKSC 43, the Court of Appeal [2015] EWCA 1299 and below [2014] 2 Lloyd’s Rep. 230; The Longchamp [2018] UKSC 68 first reported English authority on the interpretation of Rule F of the York Antwerp Rules, arising in the context of ransom piracy payments; ST Shipping & Transport Pte Ltd v Space Shipping Ltd (“The CV Stealth”) [2018] 1 Lloyd's Rep. 276; [2016] 2 Lloyd’s Rep. 17(claims arising out of the detention of a vessel by Venezuelan authorities); Jiangsu Shagang Group v Loki Owning Group (“MV Pounda”) [2018] 2 Lloyd's Rep. 359 and Essar Shipping v Bank of China [2016] 1 Lloyd’s Rep. 427.

Simon is particularly well known for his experience in the following fields: dry shipping and commodities, commercial litigation, International Arbitration, energy, 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 also has a global practice with a depth of experience working with Chinese and south east Asian clients. This was recognised by his ranking as a leader in International Arbitration by Chambers Asia Pacific 2018 and Legal 500 Asia Pacific Guides. Simon was named one of the top 10 maritime lawyers of 2017 by Lloyd's List. Simon was nominated for Shipping Silk of the Year at the Chambers & Partners Bar Awards 2018 and has been nominated for Shipping Silk of the Year for the Legal 500 UK awards 2019.

He is also a recommended as a leading silk Shipping and Commodities (Legal 500 UK and Asia Pacific, Chambers UK, Asia Pacific and Global editions), Energy (Legal 500 UK) and Information Technology (Chambers UK)

  • What the directories sayView More

    • "He is very clever and has real tactical astuteness." ..."Very thorough, unflappable and easy to work with."

      (Chambers UK, 2019)
    • "Versatile and well able to deal with a variety of issues, he is thorough and user-friendly."

      (Chambers UK, 2019)
    • ‘An excellent technician who always picks good points.’

      (Legal 500 2019)
    • ‘He approaches his cases methodically and with clear thinking.’

      (Legal 500 2019)
    • "A thoughtful, articulate advocate who covers all of the bases. He anticipates well the arguments which are going to be raised "

      (Chambers UK, 2019)
    • "is... just brilliant at cutting through a complex problem..."

      (Who's Who Legal, 2018)
    • "...Very good with clients and very thorough, he’s not afraid to identify weakenesses and does so in a sensible way..."

      (Chambers UK, 2018)
    • "...He is razor-sharp in his analysis and excellent on his feet..."

      (Legal 500, 2017)
    • "...A very clear advocate, who picks good points and expresses them in a way people can understand..."

      (Legal 500, 2017)
    • "...Very good at presenting the merits of an argument..."

      (Legal 500, 2016)
    • "He has a real ability to look at things dispassionately in a forensic way." "He's thorough, experienced and good to work with."; "He is excellent with clients. They love him since he is really sensible, but tough."

      (Chambers UK, 2016
    • "...smart and efficient..."; "...clear and definite advice..."; "...very, very accurate..."

      Chambers Asia-Pacific, 2016)
    • “…he brings formidable judgement to cases involving contracts...”; “…very experienced and charming, and makes the most of difficult cases…”; “…a relaxed and very user-friendly silk…”; “…a top-quality advocate…”

      (The Legal 500, 2015)
    • "...he's really sharp and massively bright - he's a joy to work with and very, very client-friendly..."

      (Chambers UK, 2015)
    • “…learned, comprehensive and sharp…”; “…a popular choice for instructing law firms in China and beyond…”

      (The Legal 500 Asia Pacific, 2015)
    • “...he has a strong global practice ... and is a trusted name in international arbitration...”; “...a fantastic advocate...”; “...his trade and commodities work is second to none...”

      (Whos Who Legal UK Bar 2015)
    • “...go-to for shipping and commodities issues..."; "...a very safe pair of hands, who's extremely good with clients...”

      (Chambers Asia-Pacific, 2015)
    • “...particularly talented and very personable; he really knows his stuff..."; “...incredibly bright, always engaging….”

      (Legal 500 2014)
    • "...he is a very busy and efficient practitioner..."; "...quick and commercial in providing his advice; he has fantastic judgement..."; "...very experienced, intelligent and dependable..."

      (Chambers UK, 2014)
  • Shipping & Maritime K View More

    Simon is in demand in a broad range of disputes, including all aspects of shipping, commodities and international trade. He also acts on a high volume of cases involving Far Eastern, especially Chinese clients.

    A regular in the Commercial court, he is increasingly brought in for complex appeals including the landmark House of Lords decision in: The Achilleas, one of the most important recent cases in contract law, The New Flamenco,The RebornThe Eagle Valencia and The Elbruss. Simon has also been involved recently in a series a high value international arbitrations arising out of long terms Contracts of Affreightment and Charterparties.

    Simon is also highly experienced in arbitrations, including those under ICC, LCIA, SIAC, HKIAC, LME and LMAA rules.

    He is for many years now been also a recommended leader for Shipping and Commodities (Legal 500 UK and Asia Pacific and Chambers UK, Asia Pacific and Global Editions). Simon was named one of the top 10 maritime lawyers of 2017 by Lloyd's List. He has been nominated for Shipping Silk of the Year at the Chambers & Partners Bar Awards 2018.

    Recent and notable cases include:

    • Globalia Business Travel SAU v Fulton Shipping Inc of Panama (“The New Flamenco”)[2017] UKSC 43, [2017] 1 WLR 2581, [2017] 2 Lloyd’s Rep. 177 - Simon acted in the Supreme Court (and below in the Court if Appeal ([2016] 1 WLR 2450 and Commercial Court [2014] 2 Lloyd’s Rep.230) in relation to a dispute arising out of the termination of a charterparty for a cruise vessel on issues relating to the application of the rules of mitigation and in particular whether the benefit raising from the sale of their ship by the Owners was to be brought into account in the assessment of damages. Simon led Ben Gardner and Peter Ferrer.
    • Mitsui & Co Ltd v Beteiligungsgesellschaft LPG (“The MV Longchamp”) [2017] UKSC 68; [2018] 1 Lloyd's Rep. 1 and [2016] 2 Lloyd’s Rep. 375(CA) - represented cargo interests on an appeal to the Supreme Court relating to whether expenses incurred during the period of negotiation with Somalian pirates were allowable in general average under Rule F of the York-Antwerp Rules 1974. The case is the first time the English Courts have had to determine the scope and meaning of Rule F since it was introduced in 1924. Simon led Paul Toms.
    • ST Shipping & Transport Pte Ltd v Space Shipping Ltd (“The CV Stealth”) [2018] 1 Lloyd's Rep. 276; [2016] 2 Lloyd’s Rep. 17 - acted on a series of appeals under section 69 of the Arbitration Act 1996 in a case arising out of the prolonged detention of the vessel by the Venezuelan authorities. The decision addressed matters related to the express indemnities under charterparties and the scope of clause agreeing to appeal on a point of law. The arbitration addressed issues relating to frustration, causation and constructive total loss. Simon led Koye Akoni also of Quadrant Chambers.
    • Jiangsu Shagang Group v Loki Owning Group (“MV Pounda”) [2018] 2 Lloyd's Rep. 359 - acted for the JSG Group (a large privately owned Chinese Steel Mill) in a high value claim (on an alleged guarantee) for damages for breach of a long term time charterparty. JSG were the alleged guarantor.  The claim is worth about US$60m. Simon led Stewart Buckingham.
    • CSSA Chartering and Shipping Services v Mitsui OSK Lines (“Pacific Voyager”) (Court of Appeal, October 2018) - acting for Owners on appeal from a decision of the Commercial Court (Popplewell J.) on the novel issue as to whether a shipowner is required to commence an approach voyage under a voyage charter by a specific date even where it has not warranted a arrival date or given an expected ready to load date. The court held the owners were liable despite being prevented from starting the voyage by an event which was not its fault and would have fallen with agreed exclusions of liability if the event had occurred after the voyage had commenced. Simon led Stewart Buckingham. Judgment awaited.
    • Essar Shipping v Bank of China [2015] EWHC 3266 on factors relevant to the grant of anti-suit injunctions.
    • AET Inc v Arcadia Petroluem (“The Eagle Valencia”) [2010] 2 Lloyd’s Rep. 257 (Court of Appeal), the Appeal Court’s first consideration of demurrage time bars in recent times.
    • Mediterranean Salvage v Seamar [2009] 2 Lloyd's Rep. 639/ [2009] 2 All ER 1127 on implied terms from the Court of Appeal
    • Dalwood Marine v Nordana Lines (“The Elbrus”) [2010] 2 Lloyd’s Rep. 315. the latest word on implied terms from the Court of Appeal
    • Transfield Shipping v Mercator Shipping ("The Achilleas") [2009] 1 AC 61 as well as previously in the Court of Appeal [2007] 2 Lloyd's Rep. 555 and Commercial Court [2007] 1 Lloyd's Rep. 19
    • Rafaela S [2005] 2 AC 423 (another House of Lords appearance) and in the Court of Appeal [2003] 2 Lloyd's Rep. 113 (CA).
    • Also 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).
  • Shipbuilding K View More

    Shipbuilding forms a very substantial part of Simon’s practice. Over the last four years Simon has acted as lead Counsel in a series of International arbitrations in these fields with a particular emphasis on shipbuilding. Much of his work in this field involves Far Eastern, especially Chinese, clients.

    Most disputes in this field are arbitration and hence confidential. Recent arbitrations includes deliverability disputes relating to two bulk carriers, disputes relating to the terms of Refund Guarantees and Performance Bonds, disputes relating to the formal requirements of contracts, and technical disputes relating to the construction of two VLCCs. 

  • Energy & Natural Resources K View More

    Simon is recommended as a leading silk for energy matters in the Legal 500. In the latest edition he is described as an ‘Excellent Technically.’

    Simon is in demand in a broad range of commercial and technical disputes relating to exploration for, extraction of, trading of and movement of the major energy sources. His knowledge in particular of international trade and commercial litigation means that he is increasingly acting on disputes relating to the trading of oil and petroleum products. However, he is equally at home in technical disputes as his extensive involvement with far eastern clients working on cases relating to the construction and conversion of important parts of energy infrastructure.

    This year (2018) he successfully led the team on a large scale high value arbitration relating to the operation of off shore support barges for rigs in African oilfields and is engaged in two further arbitrations relating to jack up rigs which are due for hearings in 2019. As ever most disputes are confidential, however other recent cases have involved offshore supply disputes, coal trading disputes and oil trading and supply disputes such as Glencore v Total Kenya Limited, a commercial court action which settled in 2013, relating to the supply and storage of oil to Kenya in which Simon acted for Glencore.

  • Information Technology K View More

    Simon 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, a claim arising out of a large-scale IT project, where he successfully led the team 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.

    Simon is recommended as an Information Technology ‘Leading Silk’, in Chambers UK 2018. Praise within recent editions includes:

    • “Very good with clients and very thorough, he’s not afraid to identify weakenesses and does so in a sensible way”.
    • "...he's a joy to work with and very,very client-friendly..."
    • "...incredibly bright, always engaging and always interested..."
    • "...he has fantastic judgment.."
    • “...his forensic, incisive, clear and commercial aware approach is particularly suited to factually dense cases in IT”
    • “…he impresses with “the sheer firepower of his intellect…”
    • “…pragmatic and bright, and gets to the answer quickly..."
  • Commercial Dispute Resolution K View More

    Simon is an established commercial leader both for litigation and international arbitration. 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") [2009] 1 AC 61 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 acted for Glencore in a series of disputes including a recent commercial court action against Total Kenya involving claims arising out of the trading of oil.
    • He is acting for a 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.
  • International Arbitration K View More

    Simon is an established commercial leader frequently appearing in international arbitrations. He is particularly well known for his work with South East Asian (especially Chinese clients). He is recognised by both Chambers  Asia Pacific and Legal 500 Asia Pacific editions for his internal arbitration work in the region. He has been described as “a trusted name in international arbitration” (Whos Who Legal UK Bar).

    Recent highlights include:

    • He has acted in a series of international disputes relating to the construction of commercial vessels such as VLCCs, capesize bulk carriers and other bulk carriers.
    • He has acted for Chinese clients in disputes over long carriage and import contracts for iron ore both in London and Hong Kong.
    • 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 acted for major Middle East airline in an international arbitration against software provider for online booking about unpaid commissions.
    • He appeared 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.

    Simon also sits as an arbitrator. He is a supporting member of the LMAA and is a panel arbitrator for the Kuala Lumpur Regional Centre for Arbitration (KLRCA).

  • Insurance & Reinsurance K View More

    Simon Croall is frequently involved in and at home with all types of insurance and reinsurance disputes. Notable 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.

"A thoughtful, articulate advocate who covers all of the bases. He anticipates well the arguments which are going to be raised"

(Chambers UK, 2019)

Academic


MA Cantab (Law) 1st Class Honours

Memberships


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