Shipping litigation and arbitration are at the heart of John’s practice, and he has received widespread recognition for his work.
John was named Shipping Silk of the Year for both the Legal 500 UK Awards 2020 and the Chambers & Partners Bar Awards 2020, having also been nominated in 2019. He was named the top maritime lawyer of 2020 by Lloyd's List and appears again in the top 10 in the current 2022 list. He is ranked as a Tier 1 Silk in Chambers & Partners in Shipping and Commodities and is also listed in both categories in the Legal 500.
He has successfully appeared in 3 Supreme Court cases, The Sea Shepherd, Volcafe v CSAV, and The Libra, the latter two in particular providing landmark guidance in relation to the burden of proof, and the meaning of unseaworthiness (and its relationship to negligent navigation), under the Hague/ Hague-Visby Rules.
Dry shipping
John has wide experience of all aspects of dry shipping and related insurance cases dealing with cases arising from bills of lading, time and voyage charters and long term COAs.
Recent and continuing cases include, by way of example:
- Cargo claims of all sorts: John is a market leader in relation to his understanding of the interpretation and operation of the Hague Rules regime, with two successful cases in the Supreme Court. In December 2022, he successfully argued The Thorco Lineage, in which the Commercial Court declined to follow the controversial decision in The Limnos.
- Unseaworthiness, including passage planning claims.
- Unsafe port/berth claims, including groundings up-river, and in the approaches to the Parana River. John has particular experience in relation to the interface between port unsafety, passage planning, negligent navigation, and pilotage issues.
- Charterparty disputes arising out of the implementation of the IMO 2020 sulphur cap.
- General average claims.
- Salvage indemnity disputes.
- Groundings and collisions.
- Laytime and demurrage claims.
- Off-hire claims.
- Contaminated bunkers disputes.
- Sanctions claims.
- Numerous general charterparty claims arising out of bareboat, time (including NYPE, BOXTIME and SUPPLYTIME cases) and voyage charterparties (on all the main dry bulk, petroleum and chemical forms).
- Force majeure and frustration disputes, including those arising out of the Australia/ China trade war and the physical
- Numerous claims arising out of piracy incidents off Somalia, West Africa and the Far East.
John has a particular specialism in cargo claims, acting for both cargo and carrier interests. He was instructed in the large group actions arising out of the “NAPOLI” and the “RENA” container ship casualties, and is currently instructed in both the “MAERSK HONAM” and “EVER GIVEN” disputes. He has handled claims arising out of a very wide range of goods including: dangerous goods, lithium-ion batteries, cars, petroleum products, chemicals, minerals and ores, scrap metals, soft commodities, bananas and other fruit, reefer cargoes and break bulk.
Yachts
John is also regularly instructed in yacht and superyacht claims and related insurance disputes. Cases in which John has been instructed include:
- Yacht building and design cases, for both buyers and yards, including claims for and against Heesen, Princess, Oyster, Sunseeker and smaller builders.
- Maintenance and repair claims, including the difficulty of assessing/ valuing loss of use claims.
- Charterparty claims.
- Insurance claims, including claims involving scuttling and fraud.
- Navigation claims.
- Shipboard personal injury claims with injuries arising from maintenance/ repair issues, poor design, and navigational fault.
Wet Shipping
John regularly appears in the Admiralty court dealing with all aspects of in rem claims, arrests, orders for sale and related matters, and limitation claims.
He has experience of a number of collision claims, particularly involving yachts, and some salvage experience.
Jurisdiction, interlocutory matters and interim remedies.
John has wide experience of jurisdictional issues, and claims for interlocutory matters and interim relief, including freezing orders and anti-suit injunctions.
John is an innovative thinker, for example, he recently successfully obtained two antisuit injunctions from arbitral tribunals, and The Thorco Lineage judgment was obtained using the useful, but somewhat overlooked s45 jurisdiction of the Arbitration Act 1996.
John is familiar with all the major institutional arbitration rules, including LMAA, LCIA, ICC and SIAC terms, and indeed is regularly instructed as an LMAA and LCIA arbitrator.