Caleb Kirton
Caleb Kirton
Called: 2022

Caleb Kirton

Academic
Bachelor of Law (LLB), King’s College London
Master of Law (LLM), University of Cambridge
Bar Vocational Students (PGDip), City, University of London
Awards
King’s College London
• Dickson Poon Scholarship, 2014–17
• King’s Undergraduate Research Fellowship, 2017
• King’s Research Experience Award, 2017
• UK National Championship, Philip C Jessup International Law Moot Court Competition, 2017

University of Cambridge
• Girton College Book Prize, 2019

City, University of London
• Lord Mansfield Scholarship, Lincoln’s Inn, 2021
• Buchanan Prize, Lincoln’s Inn, 2022
• The City Law School Bar Vocational Studies Scholarship, 2021
Appointments
Judicial Assistantships / Clerkships:
Supreme Court of the United Kingdom and Judicial Committee of the Privy Council, 2023–24
Court of Appeal of England and Wales, 2019–20

Internships:
Shell International Limited (Global Litigation), 2020–21
Quinn Emanuel Urquhart & Sullivan LLP, 2022
Clyde & Co LLP, 2018

Academic and Research Positions:
Visiting Lecturer in Public International Law, King’s College London, 2021–22 and 2023–24
Visiting Lecturer in Public International Law Mooting, King’s College London, 2022–24
Research Assistant to Professor Philippa Webb and Amal Clooney and at the Lauterpacht Centre for International Law (University of Cambridge)

Caleb accepts instructions, led and unled, in all of Chambers’ core areas and beyond, having joined Quadrant after successfully completing pupillage in October 2023.

Before commencing practice, Caleb experienced the full spectrum of commercial disputes through a unique combination of prestigious positions, making him especially well-placed to assist as junior counsel. These include:

  • Serving as a Judicial Assistant in both the Court of Appeal and Supreme Court, where he worked first-hand with senior judges in determining appeals on the most difficult legal questions. As the JA to Lord Leggatt, for example, Caleb:
    • Analysed the correct approach to challenging issues of contractual and statutory interpretation as they arose in the admiralty and charterparty and disputes in:
      • Herculito Maritime Limited v Gunvor International BV (The Polar) [2024] UKSC 2 (interpretation of charterparty insurance clauses, including war risks, as incorporated into related bills of lading).
      • Argentum Exploration Limited v Republic of South Africa [2024] UKSC 16 (construction of State immunity conferred by statute, invoked as a defence to in rem admiralty proceedings).
      • RTI Limited v MUR Shipping BV [2024] UKSC 18 (interpretation of charterparty force majeure clause, invoked as result of Russian sanctions).
      • Fimbank Plc v KCH Shipping Company Limited (The Giant Ace) (construction of Hague-Visby Rules, as incorporated into charterparty and related bills of lading).
    • Examined the applicability and scope of heads of jurisdiction and common commercial defences and remedies (including damages and anti-suit injunctions) as invoked in:
      • Sharp Corporation Limited v Viterra BV [2024] UKSC 14 (correct approach to the measure and recoverability of loss in sale-of-goods contracts, as codified in a standard industry default clause).
      • UniCredit Bank GmbH v RusChemAlliance LLC (availability of and jurisdiction to order anti-suit relief to protect an arbitration seated outside England and Wales).
      • Nasir v Zavarco Plc (availability of a res judicata defence to second claim on the same cause of action)
  • Undertaking a yearlong internship in Shell International Limited’s Global Litigation department, where he worked with inhouse lawyers and external counsel to advise Shell companies on their commercial, shipping and other disputes in Europe, North Africa and the Middle East. In this role, Caleb assisted in proceedings leading to the following high-profile decisions:
    • Aiteo Eastern E&P Compant Limited v Shell Western Supply and Trading Limited [2022] EWHC 2912 (Comm) (challenge to proper exercise of contractual election to arbitrate dispute) and [2024] EWHC 1993 (Comm) (challenge to arbitrator under Section 68, Arbitration Act 1996, for apparent bias).
    • Jalla v Shell International Trading and Shipping Company [2023] UKSC 16 (whether cause of action continuing or time-barred).
  • Completing internships at Quinn Emanuel Urquhart & Sullivan LLP and Clyde & Co LLP, where he assisted solicitors on substantial commercial disputes and developed his skills at several key stages of the litigation process (including, e.g., by assisting with document-review exercises for disclosure).
Charterparties and Carriage of Goods

Caleb has an in-depth knowledge of many common time and voyage charterparty claims, including cargo handling and storage, hire / freight, laytime / demurrage and COVID-19- and Russian invasion-related liabilities.

Examples include:

  • Drafting pleadings in arbitration and litigation for hire, demurrage, dangerous goods and other disputes under time and voyage charterparties.
  • Advising on the interpretation and performance of charterparty obligations (including the application and scope of cancellation, safe-port and war-risks clauses). 
  • Advising on the application of charterparty exceptions in time and voyage charterparties (including act of god, off-hire, restraint of princes and the immunities and rights contained in the Hague and Hague-Visby Rules).
  • Assisting on summary judgment applications concerning, among other issues, the impact of economic sanctions on loan facilities under shipbuilding contracts.
  • Assisting on an arbitration concerning safe-port and seaworthiness obligations under a time trip charterparty.
Commodities & International Trade

Caleb has a strong command of sale-of-goods law, including claims and remedies available in contract and tort.

Examples include:

  • Advising a buyer on its right to reject defective goods, the procedure for doing so and its liability in damages for any rejection.
  • Assisting on an LCIA arbitration concerning contractual and tortious claims against the collateral manager of certain commodities.
  • Assisting Lord Leggatt with interpreting the measure of loss codified in a GAFTA Default Clause invoked in Sharp Corporation Limited v Viterra BV [2024] UKSC 14.
Arbitration and Litigation

Caleb accepts instructions, led and unled, to act as counsel in arbitration and litigation hearings. Before practice, Caleb was a National Champion and internationally ranked mooter and, at the Court of Appeal and Supreme Court, gained unparalleled insight into the most effective oral and written advocacy techniques.

Examples include:

  • Assisting John Kimbell KC and Maya Chilaeva on the Supreme Court appeal in JTI Polska Sp Z o.o. and Ors v Jakubowski & Ors [2023] UKSC 19, concerning the correct interpretation of the Convention on the Contract for the International Carriage of Goods by Road 1956.
  • Assisting Nigel Eaton KC and Benjamin Coffer on an arbitration concerning safe-port and seaworthiness obligations under a time trip charterparty.
  • Assisting Steven Berry KC and Andrew Leung on summary judgment applications in Havila Kystruten AS v STLC Europe Twenty Three Leasing Ltd [2022] EWHC 3166 (Comm), concerning, among other issues, the impact of economic sanctions on loan facilities under shipbuilding contracts.
  • Assisting Peter Stevenson with a consequentials hearing on various issues arising from the arbitration appeal in Trafigura Pte Ltd v TKK Shipping Pte Ltd (The Thorco Lineage) [2023] EWHC 26 (Comm).
  • Assisting with case-management hearings (including, e.g., applications for relief from sanctions and permission to appeal)
  • Drafting skeleton arguments (including, e.g., for security for costs and case-management and trial hearings)
  • Drafting case-management documents (including, e.g., Lists of Common Ground and Issues and Disclosure Review Documents).
Banking

In pupillage, Caleb developed his experience in banking in assisting Paul Downes KC and Emily Saunderson on various matters.

Examples include:

  • Advising on causes of action for the recovery of sums fraudulently withdrawn from a bank account.
  • Drafting pleadings for claims in contract and tort against a bank for authorising fraudulent payments.

 

International Law (including conflict of laws, State immunity and treaty interpretation)

Caleb studied international law at the University of Cambridge’s world-leading Lauterpacht Centre for International Law and taught the subject as a Visiting Lecturer at King’s College London. Before practice, he worked as a research assistant to eminent practitioners in the field, including Professor Philippa Webb and Amal Clooney. His work contributed to cases before various courts and tribunals (including the International Court of Justice) and to several landmark monographs (such as The Right to a Fair Trial in International Law, published by Oxford University Press). At the Supreme Court, Caleb co-authored the forthcoming Second Edition of Public International Law in the Supreme Court of the United Kingdom with Lord Lloyd-Jones.

He is, therefore, well-placed to assist with questions of international law as they arise in commercial disputes, such as those arising in:

  • JTI Polska Sp Z o.o. and Ors v Jakubowski & Ors [2023] UKSC 19, assisting John Kimbell KC and Maya Chilaeva with submissions on the correct approach to the use of travaux préparatoires in the interpretation of treaties under international law, which were accepted by the Supreme Court in its clarification of how the rules of treaty interpretation apply in English law.
  • Fimbank Plc v KCH Shipping Company Limited [2024] UKSC, assisting Lord Leggatt with the correct interpretation of provisions in the Hague and Hague-Visby Rules, including on the role of context and the travaux préparatoires and other supplementary means of interpretation.
  • UniCredit Bank GmbH v RusChemAlliance LLC, assisting Lord Leggatt with the jurisdictional competence of English courts to issue anti-suit injunctions protecting arbitral proceedings with a foreign seat.
  • Argentum Exploration Limited v Republic of South Africa [2024] UKSC 16 and UK P&I Club N.V. v Republica Bolivariana de Venezuela, examining the application and scope of State immunity provisions invoked by States defending commercial claims by private parties.