Wet Shipping/Admiralty
Nigel has extensive expertise and experience in connection with collision and limitation actions and related aspects of the Admiralty jurisdiction including the arrest, appraisement and sale of ships. His work frequently involves disputes spanning multiple jurisdictions and issues concerning the arrest overseas of vessels in support of claims brought before the English courts or in arbitration.
Particular examples of Nigel’s work include:
- Holyhead Marine Ltd v Farrer [2021] EWCA Civ 1585 Court of Appeal decision concerning the right of a marina to limit its liability under the Merchant Shipping Act 1995
- Advising charterers of a superyacht in connection with the arrest of the yacht for security for their claims against the owners and acting for them in London arbitration
- Acting for the owner of a jet ski defending high-value personal injury claims arising out a collision with a motorboat and alternatively claiming a right to limit any liability arising out of the collision
- Formal Investigations for The DERBYSHIRE (2000), The MARCHIONESS/BOWBELLE (2001) and The GAUL (2004).
- The Western Neptune [2009] EWHC 1274 (Admlty) concerning a collision between a container vessel and a seismic survey vessel and its array
- The Ocean Glory 1 concerning the arrest, appraisement & sale of a cruise ship and subsequent distribution of the sales proceeds
- The Peppy [1997] 2 Lloyd’s Rep. 722 concerning the arrest of a vessel by ship managers
- The Blitz [1992] 2 Lloyd’’s Rep 441 concerning the exercise of statutory powers of arrest
Dry Shipping
Nigel’s dry-shipping and commodities practice is broad and varied. His work covers all types of charter party and bill of lading disputes as well as international trade and related finance disputes. Nigel has a particular expertise in disputes relating to shipbrokers, managers and surveyors including fraud and professional negligence claims. A significant part of Nigel’s work in this sector is international in nature and often raises complex issues relating to jurisdiction, conflicts of law and enforcement.
Particular examples of Nigel’s work include:
- Defending claims down a chain of charterparties to recover deductions from hire during a period of arrest;
- Advising a majority shareholder in relation to the claims arising in the Ocean Victory litigation;
- Acting for owners in connection with multiple claims for hire and ancillary claims with proceedings in the UK and Singapore;
- Acting for a firm of shipbrokers in the Fiona Trust litigation defending claims of fraud and breach of trust;
- Defending a professional negligence claim against a firm of warranty surveyors for a sum of about US$55 million;
- Acting together with revenue counsel by HMRC in connection with a dispute over the tax treatment of a lease finance scheme for two LNG carriers;
- Acting for a multi-national mining and natural resources group to obtain summary judgment and worldwide injunctive relief in connection with claims in excess of of US$110 million under a settlement agreement relating to a series of FFA contracts;
- Numerous arbitrations concerning offshore supply, project and heavylift cargoes as well as bunker quality disputes and safe ports;
- Acting on behalf of owners to secure orders for the discharge and sale of a cargo, which charterers had failed to discharge;
- Acting for charterers to defend claims concerning the safety of a port arising out of a girting and the capsize of a tug;
- Acting in unsafe port claims for the owners of two vessels which suffered damage at ports in the Mississippi;
- BHP Billiton Marketing AG v TMT Asia Ltd [2012] EWHC 3919 – summary judgment in respect of claims in excess of US$110 million under the settlement agreement for a series of FFA contracts.
- M.H. Progress Lines S.A. v Orient Shipping Rotterdam B.V. [2012] 1 Lloyd’s Rep. 222 - Time-bar provisions in the Inter-Club Agreement 1996 held to take precedence over the express time-bar provision in an arbitration clause.
- Lloyd’s TSB Equipment Leasing (no. 1) Ltd v Revenue & Customs Commissioners [2012] UKFTT 47 (TC) - Dispute over the proper tax treatment for a lease finance scheme relating to the construction, sale and charter of two LNG carriers.
- Ferryways v ABP [2008] 1 Lloyd’s Rep. 639 - responsibility of a terminal operator to indemnify a shipowner for liabilities arising out of the death of a crew member notwithstanding exclusion clauses in operator’s standard terms and conditions.
- Almatrans S.A. v Tutova Shipping Co. Ltd [2007] 1 Lloyd’s Rep. 104 - Case concerning the proper interpretation of a P & I club’s letter of undertaking.
- The DORIC PRIDE [2006] 2 Lloyd’s Rep. 175 - case concerning the allocation of risk as between the owner and the charterer for delays caused by security inspections at load port.
- Seascope Capital Services Ltd. v Anglo Atlantic [2002] 2 Lloyd’s Rep. 611 - claim by shipbroker to recover commission having been the effective cause of the financing transaction entered into by the shipowner
Superyachts & Yachting
Nigel has considerable expertise in the Superyacht and Yachting sectors in particular dealing with disputes relating to construction, management, insurance and navigation.
Examples of Nigel’s work include
- Acting for a European yard in connection with a build dispute for claims in excess of €20 million as well as related claims for breach of fiduciary duty and the payment of secret commissions;
- Acting for a European yard in relation to disputes arising during the course of an on-going build;
- Acting for an owner in relation to claims against insurers and brokers in respect of claims arising out of the loss of a helicopter overboard;
- Acting for insurers in connection with a coverage dispute arising out of the grounding of a yacht;
- Acting for insurers in relation to claims for serious injuries caused to a crew member who fell overboard;
- Acting for a national authority in relation to coverage issues arising out of injuries to a competitor in racing organised under the auspices of that authority;
- Acting for a sub-contractor in defence of claims for alleged construction defects in a series of yachts;
- Acting for a designer in relation to claims of professional negligence arising out of the capsize of a high-performance racing multi-hull;
- Acting for the owner of a jetski defending high value personal injury claims in another jurisdiction arising out of a collision;
- Nigel is a contributor to the Law of Yachts and Yachting (now 2nd edn.), providing the chapters on yacht brokers and on the insurance of the yachts and superyachts.