Fri, 26 February, 2016
Acting for a Swiss client, Michael McParland has successfully challenged the jurisdiction of the English courts over a multi-million pound claim about the ownership of shares in two BVI holding companies created for the deceased Israeli billionaire, Mr Sami Shamoon.
After a 5 day hearing in the Chancery Division, Mr Justice Henry Carr held the claims brought against the other defendants, Mrs Shamoon and her daughter, fell within the “succession” exclusion to the Brussels I Regulation, and thus the Claimant was not entitled to seek to join Michael’s client to the action under the provisions of Article 6(1) of the Lugano Convention (2007). In any event, the judge agreed with Michael’s argument that Article 6(1) was not engaged as the court held there was no risk of irreconcilable judgments: Winkler v Shamoon  EWHC 217 (CH). A copy of the judgment is attached.
Thu, 25 February, 2016
Court of Appeal decides meaning of "Hague Rules as enacted"
David Goldstone QC leading Ben Gardner appeared on behalf of the shipowners and Robert Thomas QC acted for cargo interests in an important decision on the meaning of a standard term in bills of lading.
Reversing the judgment of Males J below, the Court of Appeal held that "the Hague Rules as enacted in the country of shipment" was apt to refer not only to the original Hague Rules as enacted in the country of shipment, but also to the Hague-Visby Rules.
The judgment is available here.
Wed, 17 February, 2016
Max Davidson successfully represented Ryanair in its appeal against the Secretary of State for the Home Department’s decision to impose a charge upon Ryanair pursuant to section 40 of the Immigration and Asylum Act 1996 for the carriage of two passengers who travelled into the United Kingdom on false passports.
The appeal, which was the first such appeal brought in relation to section 40, considered the question of whether the falsity of the passports used by the passengers was “reasonably apparent”. His Honour Judge Lochrane, in allowing Ryanair’s appeal, gave guidance in respect of the meaning of the words “reasonably apparent” and how that objective standard should be assessed. The Judge observed that there was no statutory definition of the words “reasonably apparent” and made comments, which will be of particular interest to airlines and ferry operators, relating to the inconsistent exercise by the Secretary of State of her charging powers under section 40. A transcript of the Judgment is available here.
The Times news article is available by clicking here.
Mon, 15 February, 2016
Quadrant Chambers is delighted to announce the publication of the Winter 2015/2016 edition of the International Arbitration Newsletter.
Please Register or Login to download the publication document.
Fri, 12 February, 2016
James M. Turner QC and Paul Toms appeared on behalf of the former owner of the super yacht, 4 YOU, successfully resisting an appeal by brokers against Males J's dismissal of their claim for commission on its sale.
An ex tempore judgment was handed down by the Court of Appeal on 11 February 2016. Ruth Hosking was involved at an earlier stage in the proceedings.
The appeal concerned the scope of authority of a chartering broker and effective cause in the context of claims for agents' commission.
A copy of the first instance judgment can be viewed via the attached link.
Wed, 03 February, 2016
Quadrant Chambers is delighted to announce that Gemma Morgan and Lucas Bastin have both been recognised in Legal Week's ‘Stars at the Bar in 2016’, which identifies the rising stars within the Bar.
The feature profiles the most promising barristers of ten years call and under, using feedback obtained from more than 200 solicitors, barristers and senior clerks. Gemma Morgan is one of the 10 stars selected from more than 350 recommended junior barristers of 10 years call and under. Partners praise her "razor sharp mind, ideally suited to complex commercial disputes". Lucas Bastin is also identified as one of 5 further barristers who stood out from the rest during the research.
The full article can be viewed here.
Tue, 26 January, 2016
Guy Blackwood is a member of The Lawyer's Hot 100 for 2016
Guy Blackwood has been added to The Lawyer's 'Hot 100 2016'. He was recognised partly for his handling of a case in which he defended Arab Insurance Group (Arig) against claims from Axa Versicherung that material non-disclosures from Arig had led Axa to write two reinsurance treaties in a specific way. His skills in handling a number of high profile sovereign immunity cases was also mentioned.
Guy said, "I'm delighted to be have been nominated as a member of the list. It's a great honour".
The Hot 100 is published annually by The Lawyer and highlights 100 lawyer who "have made an impact not just on the performance of their firms, companies or chambers, but also the wider business community".
The full list is available from The Lawyer's website.
Mon, 04 January, 2016
Quadrant Chambers are delighted to announce that Henry Ellis, Peter Stevenson & Joseph England will be joining Chambers. All three were previously members of Stone Chambers. Luke Parsons QC, Head of Chambers, said “We are looking forward to welcoming these three outstanding new tenants. Each has a very strong practice and I know that the skills and experience we have here at Quadrant will help them to develop their practices even further”.
Henry, Peter and Joe said “We are delighted to be joining Quadrant Chambers at this exciting time. We are looking forward to working with the members of chambers and with their award-winning support team”.
Henry Ellis (called 2008) has a broad commercial practice, with an emphasis on shipping and international trade litigation. He has appeared in the Commercial Court and the Court of Appeal and regularly acts in confidential arbitration. Henry is recommended in Legal 500 2015 as a leading junior barrister for shipping, where he is described as “sharp, articulate and responsive”. In 2014-2015, Henry primarily practised from Singapore, and he is licensed by the Singapore Attorney General to practice there.
Peter Stevenson (called 2008) has a busy commercial practice with a particular emphasis on shipping, marine insurance, private international law, insolvency law and commercial injunctions. He is recommended as a leading junior for shipping in The Legal 500 and in Chambers & Partners UK in which he is variously described as being ‘bright and punchy on his feet’ as well as ‘very savvy, quick and sharp’.
Joseph England (called 2011) practices in a wide range of international commercial litigation and arbitration, with a particular specialism in oil and gas. Joe began his legal career at Allen & Overy LLP, during which time he decided to transfer to the Bar. Joe spent the first year of practice at the Supreme Court, having been selected as the Judicial Assistant to Lord Sumption and Lord Wilson. Since commencing practice in August 2013, Joe has built up a strong international arbitration practice, including several major oil and gas arbitrations and related Court litigations across the world, and returned earlier this year to the Supreme Court as junior counsel in Menelaou v Bank of Cyprus  UKSC 66.
Thu, 10 December, 2015
Michael McParland’s book, The Rome I Regulation on the Law Applicable to Contractual Obligations (Oxford University Press, 2015) has been very favourably reviewed by Professor Adrian Briggs in Lloyd’s Maritime and Commercial Law Quarterly ( LMCLQ 597-598).
Professor Briggs, the very distinguished Professor of Private International Law at Oxford and a practising barrister himself, says: “This is a marvellous book, an absolute must for anyone who is seriously concerned with the private international law of what we once called contracts but now have to call contractual obligations. There is no need to read any more of this review: just buy it”. Professor Briggs concludes his review of Michael’s book in the following terms: “This book is a magnificent achievement, for which all serious commercial lawyers will be in the author’s debt. There is no more to be said”.
This substantial 976 page text provides a comprehensive guide to the Regulation, an instrument of EU private international law that contains the harmonized conflict-of-laws rules for most contractual obligations with a cross-border element which has been described by the European Commission as "a central element of the Community acquis in the area of civil justice". In his foreword to the book The Hon. Mr Justice Teare describes it as "… a book which will be an essential addition to the library of the advisor, the advocate and the academic in their respective searches for the true meaning and effect of the Regulation..."
A copy of the review is available via the following link.
Fri, 30 October, 2015
Simon Rainey QC has been ranked Star Individual in the Shipping & Commodities category in this year’s Chambers UK Guide. He is described as "very concise and insightful. He impresses with his mastery of the brief" and "exceptionally gifted, he has the strong confidence of his clients, and is an excellent presenter of complex material"