Quadrant Chambers in the Supreme Court: Permission to Appeal Granted in Shagang Shipping Company Limited v HNA Group Company Limited

Wed, 13 February, 2019

On 6 February 2019 the Supreme Court (Lord Wilson, Lord Hodge & Lord Lloyd-Jones) granted permission to appeal to Shagang.  Shagang are represented by Quadrant Chambers’ Ruth Hosking & Caroline Pounds led by Dinah Rose QC of Blackstone Chambers and instructed by HFW Shanghai (Julian Davies, Trevor Fox & Kate Fisher).  The National Council for Civil Liberties intervened by making submissions to the Supreme Court on the application for permission to appeal (represented by Ben Jaffey QC of Blackstone Chambers).

The Supreme Court gave permission on the following grounds:

(1)    Whether the Court of Appeal erred in law in finding that the real possibility that a hearsay statement has been extracted under torture is an irrelevant consideration which must be disregarded by a Judge assessing its weight pursuant to s.4 Civil Evidence Act 1995.

(2)    Whether the Court of Appeal erred in law in finding that the Judge’s finding that he could not rule out torture amounted in law to a finding that there was no torture.

(3)    Whether the Court of Appeal erred in law in finding that a payment made to an individual who was not an employee or agent of Grand china Shipping should be irrebuttably presumed to have induced Grand China Shipping to enter into the charterparty.

A copy of the Court of Appeal judgment which is the subject of appeal is here - Shagang Shipping v HNA Group [2018] EWCA Civ 1732.  

 

Ruth Hosking

Ruth’s practice encompasses the broad range of general commercial litigation and arbitration.  Her particular areas of specialism include shipping, civil fraud, private international law and commodities.  She undertakes drafting and advisory work in all areas of her practice and regularly appears in court and in arbitration, both as sole counsel and as a junior.  Ruth also accepts appointments as an arbitrator (both as sole and as part of a panel).

Ruth has appeared in the House of Lords, Court of Appeal, High Court and has represented clients in a variety of international and trade arbitrations (including ICC, LCIA, LMAA, GAFTA and FOSFA).  She has been involved in a number of high profile cases, including "The Achilleas", a leading case on the contractual principles of remoteness of damage and "The Atlantik Confidence", the first case in which an English Court has determined that a person was barred from relying on the limits provided by the Limitation Convention. 

> View Ruth's full profile here

Caroline Pounds 

Caroline was awarded ‘Shipping Junior of the Year' at the Chambers UK Bar Awards 2015 and is shortlisted for Shipping Junior of the Year for the Legal 500 UK Awards 2019. She was recognised as one of Legal Week's 'Stars at the Bar' in 2013 ("Her attention to detail and analysis are first class and advocacy skills are excellent") and is further praised by Chambers UK for being "Hard-working, thorough and user-friendly."; "Bright." and "tough as nails, very bright and very succinct"..

Caroline’s practice encompasses the broad range of general commercial litigation and arbitration.  Her particular areas of specialism include shipping, carriage of goods, shipbuilding, energy and commodities.  She undertakes drafting and advisory work in all areas of her practice and regularly appears in the Commercial Court and in arbitration, both as sole counsel and as junior. She is a sought after junior and enjoys a significant amount of led work.

> View Caroline's full profile here