Benjamin Joseph specialises in shipping, international trade, aviation and insurance disputes. He is regularly instructed as sole counsel against significantly more senior opposition in the Commercial Court and in arbitration, as well as acting as junior counsel in complex and high value disputes. 

Ben’s recent highlights include

• Acting for the successful appellant insurer (led by Chris Smith KC) in the Court of Appeal in Mitsui Sumitomo Insurance Co Ltd v Dassault Aviation SA [2024] EWCA Civ 5. The Court of Appeal’s decision that a statutory assignment to an insurer was not caught by a contractual prohibition on assignment provides important clarity and is likely to be of considerable wider market interest.
• Instructed as junior counsel for the ‘GTLK Claimants’ (led by Chirag Karia KC and Peter Stevenson) in a $2.5 billion claim against international insurers concerning aircraft stranded in Russia following the invasion of Ukraine.  In April 2024, Mr Justice Henshaw ruled in favour of the GTLK Claimants (and other Operator Policy Claimants) and rejected jurisdiction challenges brought by the international insurers ([2024] EWHC 734). The Case is one of The Lawyer’s Top 20 Cases of 2024.  
• Instructed in $100m multi-party fraud proceedings in the Abu Dhabi General Market Court, led by Jeremy Richmond KC. Ben has appeared both as junior counsel and as sole counsel in a number of substantive hearings. The highlights include:
  o    Appearing unled in obtaining the discharge of a $100m worldwide freezing injunction for substantial non-disclosure [2023] ADGMCFI 0011. 
  o    Appearing unled in one of the first judgments in the Abu Dhabi General Market Court considering relief from sanctions [2024] ADGMCFI 0004, in which Ben’s submissions were described by Sir Justice Andrew Smith as “impressive.”  
  o    Obtaining substantial security for costs subject to an unless order [2024] ADGMCFI 0003. 
  o    Sir Justice Andrew Smith’s extensive judgment on jurisdiction [2023] ADGMCFI 0009. 
• Success as sole counsel in a two-day trial involving complex issues of law and fact arising out of congestion in the wider container market and shipments from China.
• Led by James Turner KC in obtaining urgent injunctive relief in the Queen’s Bench Division and Commercial Court to preserve a large quantity of oil stored in Spain. [2022] EWHC 1011.
• Acting for one of the claimants as sole counsel in complex, multi-party admiralty proceedings arising out of the insolvency of cruise ship operators in the wake of the Covid-19 crisis - [2021] EWHC 310 (Admlty).
• Regular appearances as sole counsel in a wide variety of hearings, including applications for interim relief, summary judgment, strike out and unless orders in the Commercial and Admiralty Courts.
   

     Ben’s regular practice involves

Charterparties

• Advising and settling pleadings as sole counsel in a wide variety of damage and hire disputes under bareboat, time and voyage charters including in disputes relating to laytime and demurrage, off-hire, speed and performance, liability for Covid-19 related issues, piracy expenses, hold cleaning and various other claims.
• Acting as sole counsel throughout often bitterly contested superyacht charterparty disputes for both owners and charterers.

Carriage of Goods

• Acting for owners and cargo interests in a wide variety of carriage by sea disputes, involving Hague/Hague-Visby Rules and jurisdictional issues.
• Advising, settling pleadings and appearing in freight forwarding and air cargo disputes, including carriage under the BIFA terms.

Admiralty

• Acting as sole counsel for a claimant in complex, multi-party admiralty proceedings arising out of the insolvency of cruise ship operators in the wake of the Covid-19 crisis, [2021] EWHC 310 (Admlty).
• Regular appearances as sole counsel in the Admiralty Court in order to apply for arrest, default judgment and sale, including obtaining the arrest and sale of the MV “Poseidon”, “White Heather VI”  and “Tecoil Polaris” as part of in rem proceedings. 

International Arbitration

• Preparing and responding to appeals under sections 67, 68 and 69 of the Arbitration Act 1996, and acting as sole counsel in jurisdictional challenges before LMAA Tribunals.
• Acting as junior counsel in a $500m foreign direct investment dispute in ICC Arbitration.
• Assisting as junior counsel in a high-value dispute concerning trading in breach of sanctions on Iran. 
• Acting as sole counsel in an $8m energy dispute relating to the effect of the illegality of an energy supply agreement under local law.
   

Ship Sale & Purchase

• Acting as junior counsel to Henry Ellis in a three-day trial relating to the failed sale-purchase of a VLCC during the peak market volatility of the Covid-19 crisis.
• Acting for the claimant (led by Nigel Cooper KC) in a claim for substantial defects affecting a luxury new-build superyacht.
• Acting as sole counsel for buyers in a $3m dispute arising from the sale-purchase of an oil tanker in the UAE.
• Acting as sole counsel for sellers in an LMAA Arbitration regarding defects alleged following the sale and delivery of a valuable cargo vessel.
• Advising and settling pleadings in a dispute relating to the sale-purchase of a vessel for recycling in Bangladesh.
   

Aviation

• Advising and settling pleadings in a range of carriage by air disputes, with a particular focus on claims under the Montreal and Warsaw Conventions.
• Acting as sole counsel in a high-value air cargo dispute in the Circuit Commercial Court.

Previous Legal Experience

Prior to joining Quadrant, Ben worked in the Marine and International Trade department at Stephenson Harwood in Summer 2019, gaining experience in a number of significant charterparty, commodities, casualty and insurance disputes, as well as a better understanding of solicitors’ practice. Ben also has experience working at Herbert Smith Freehills (Hong Kong) and Debevoise & Plimpton (London).