Dry Shipping
James is frequently instructed in charterparty, bill of lading and sale of goods and ship-sale disputes of all hues, involving cargo damage, unseaworthiness, maintenance, due diligence, ISM, off-hire, withdrawal, safe port, bunker contamination, purchase options, demurrage and detention, cancellation, faulty repair, title, risk, rejection (and so on) - and the many and varied issues which arise in connection with them. He also advises, writes and speaks regularly on ship recycling.
He is particularly adept at difficult issues of contractual construction; technical disputes requiring an ability to master engineering and scientific expert evidence; and cases requiring a good knowledge and understanding of ships and seamanship.
Illustrative cases include:
- Multiple complex cases arising from container fires, involving questions of jurisdiction, proper law, seaworthiness, due diligence, causation and general average.
- Gard Marine & Energy Ltd v China National Chartering Co Ltd ("The Ocean Victory") [2017] 1 Lloyd's Rep. 521 Sup Ct - one of the largest unsafe port claims of recent years, arising from the loss of a Capesize bulk carrier at Kashima, Japan in 2006 and resulting in a judgment for over US$130 million (plus interest). The issues required experts on meteorology, waves, moorings, ISM, ship valuation, salvage, naval architecture, navigation and port design. James appeared at every stage of the case, from the trial to the Supreme Court.
- Priyanka Shipping v Glory Bulk (“The Lory”) [2019] 1 WLR 6677, a dispute arising out of an MoA for the sale of a vessel for scrap which was subsequently traded. An important decision (and the first after the Supreme Court’s judgment in One Step) on the availability of “negotiating damages” at common law for breach of contract.
- The Alpha Harmony [2020] 1 Lloyd's Rep. 409, a two-handed arbitration appeal on the proper construction of notice of readiness and cancellation clauses in two charterparties that were not on back-to-back terms.
- The Atlantic Tonjer [2020] 1 Lloyd's Rep. 171, an arbitration appeal on the proper construction of clause 12 of the SUPPLYTIME 2017 form.
- Moran Yacht v Pisarev [2014] 2 Lloyd's Rep. 88, [2016] 1 Lloyd's Rep. 625 CA, a claim for commission on the sale of a super-yacht. James won at trial in the Commercial Court and on appeal.
- Bunge SA v Kyla Shipping Co Ltd ("The Kyla") [2013] 1 Lloyd's Rep. 565 - a ground-breaking authority on the accommodation within the modern law of frustration of the Bessie Morris and Blane Steamships line of cases and the effect of detailed insurance clauses (such as cl. 39 of Shelltime 4) on the res inter alios acta principle.
- Ravennavi SpA v New Century Shipbuilding Co Ltd [2006] 2 Lloyd's Rep. 280, [2007] 2 Lloyd's Rep. 24 CA - an authority cited in Lewison on the Interpretation of Contracts for a number of propositions in the construction of commercial contracts both generally and in relation to "entire agreement" clauses in particular.
- Western Bulk Carriers v. Li Hai Maritime [2005] 2 Lloyd's Rep. 389 - the first reported trial following a withdrawal from a time charter for non-payment of hire since The Lutetian [1982] 2 Lloyd's Rep. 140, and the only reported case to reconsider the approach taken to anti-technicality notices by Gatehouse J. in The Pamela [1995] 2 Lloyd's Rep. 249 in the light of the House of Lords' decision in Mannai [1997] AC 749.
- Action Navigation Inc. v. Bottigliere Di Navigazione S.p.A. [2005] 1 Lloyd's Rep 432 - one of few reported cases since The Island Archon [1994] 2 Lloyd's Rep. 227 CA on the scope of the implied indemnity under the NYPE form of time charter, and of particular significance in relation to hull-fouling.
- A Mamidoil-type dispute in relation to a Contract of Affreightment, in which James’s client’s claim was defended (unsuccessfully) on the ground that the contract was incomplete.
- An extensive and long-running three-handed bareboat charter maintenance dispute, acting for the demise charterers of an Aframax tanker.
- Technical disputes arising out of ships’ cranes collapsing or sustaining damage.
- A wide-ranging and bitterly fought joint venture dispute for control of two oil tankers.
Wet Shipping
The co-author of Derrington & Turner on Admiralty Matters (see "Publications"), James is a highly experienced Admiralty practitioner, often cited in the Directories for his prowess in wet work. He is frequently instructed in and has wide experience of:
Collision. James is often “instructed in challenging … collision cases” (Legal 500 Asia) and has appeared in numerous collision cases, starting with Sheen J.'s last case as Admiralty Judge: the unreported Vegaland v Coral Essberger (1993). Notable cases since then include:
- Global Mariner v. Atlantic Crusader [2005] 1 Lloyd's Rep. 699
- Ever Smart v Alexandra I [2017] 1 Lloyd's Rep. 666, [2019] 1 Lloyd's Rep. 130 CA
- Osios David & Sakizaya Kalon v Panamax Alexander [2021] 2 Lloyd's Rep. 70 and Panamax Alexander v NYK Orpheus & NYK Falcon [2023] 2 Lloyd’s Rep. 83, two three-handed collisions on successive days in the Suez Canal.
- Kiran Australia v Belpareil [2024] EWHC 362 (Admlty), a collision between two anchored bulk carriers at a Chittagong anchorage.
In addition to those listed above, his recent and current instructions include collisions: in the Singapore Straits, between super yachts in the south of France (litigated before the Gibraltar Courts) and between a container feeder vessel and a pusher tug and its barge in the Amazon. From October 2014 to February 2015, he appeared in a substantial manslaughter trial in Hong Kong that arose from the ferry disaster off Lamma Island on 1 October 2012.
He also appeared in Pacific Pearl v Osios David [2022] 1 Lloyd’s Rep. 261, [2022] 2 Lloyd's Rep. 448 CA, resisting a claim for breach of an alleged term to accept reasonably satisfactory security under a collision jurisdiction agreement.
Salvage: usually LOF, but also private / ASG references and in the Admiralty Court (as long ago as The Yolaine [1995] 2 Lloyd’s Rep. 7, and as recently as The Kuzma Minin T[2020] 2 Lloyd’s Rep. 617). He acted for owners in a very substantial SCOPIC claim, in which the counterclaim was for loss of a nearly-new capesize bulk carrier. He also acted in a case complicated by the EU sanctions then in force against Iran.
Wreck removal, as in The "Green Opal" [2003] 1 Lloyd's Rep. 523. In 2015, James appeared in arbitration in a dispute arising under two WRECKHIRE contracts, following a major fire on an FSO. More recently he was instructed to advise the main contractor in a dispute with its co-venturer in a wreck removal in Angola, and a sub-contractor in the very well-known removal of the wreck of the COSTA CONCORDIA. Since 2020, he has advised and acted on several disputes under WRECKFIXED and WRECKSTAGE contracts.
Arrest, as in The "Visvliet"/"Tjaskemolen" [1997] 2 Lloyd's Rep. 465 and 476, and The "Giuseppe di Vittorio" (Nos. 1 and 2) [1998] 1 Lloyd's Rep. 136 and 661. In October 2020, he successfully represented a port authority in a challenge by other parties to the well-established Queen of the South procedure, and (in January 2021) in their challenge to the quantum of the port’s claim: The Columbus and The Vasco da Gama [2021] 1 Lloyd’s Rep. 440.
Limitation. Often instructed on substantial matters raising important points of principle on limitation, James appeared in Gard Marine & Energy Ltd v China National Chartering Co Ltd ("The Ocean Victory") [2017] 1 Lloyd's Rep. 521 Sup Ct, which finally laid to rest the long-running debate as to whether Charterers can limit for damage to the chartered vessel. In 2007, James appeared in the Supreme Court and Court of Appeal of Gibraltar in Zelikov v Merlin [2007-2009] Gib LR 154, arguing that the Court of Appeal's decision in The Western Regent [2005] 2 Lloyd's Rep. 359 (that limitation can be invoked in the absence of liability proceedings) was wrong. James was recently instructed in limitation proceedings arising out of a collision, in which one party sought to break limit. He is currently instructed by a leading container line in the EVER GIVEN limitation action.