Tom is regularly instructed to act in claims under bills of lading and charterparties, including for damage to cargo and vessels, speed and performance claims, and demurrage. He has also gained experience in wet shipping and the Admiralty Court, including salvage claims and limitation claims, as well as claims involving damage to, and the chartering of, yachts and superyachts. He enjoys closely liaising with experts and engaging with the technical detail. Tom in particular has significant experience with LMAA arbitration, both high-value claims and modest claims under the Small Claims Procedure, and is keen to advise on how the Court’s supervisory jurisdiction can be invoked to meet the parties’ objectives.
Specific examples include:
- The Maersk Klaipeda [2024] EWHC 2494 (Comm) (junior counsel) representing consignees under bills of lading who were the victims of a shipper’s container fraud; successfully established that carriers issuing a bill of lading owe a novel duty of care to protect consignees where they are put on notice that those bills may be used as an instrument of a shipper’s fraud
- LMAA Arbitration (2024) (sole counsel) concerning multi-million dollar claim for losses arising out of the collapse of a cargo of steel pipes in the course of navigating around Hurricane Ian, and allegations of navigational negligence
- The Globe Danae [2023] EWHC 1683 (Comm) (junior counsel), an appeal under s69 of the Arbitration Act 1996 where the Court held that charterers were required to pay for time spent performing underwater cleaning after redelivery – in debt - at the charter hire rate, a decision that has inspired widespread discussion
- Arnold v Halcyon Yachts Ltd [2022] EWHC 2858 (Admlty) (sole counsel) representing a yacht owner at a 4 day trial, who alleged that his yacht had been damaged by negligent navigation decisions when crossing the Atlantic ocean; involved the cross-examination of experts in yacht navigation and yacht construction
- The Majesty [2020] EWHC 3462 (Comm) (sole counsel), a cargo claim concerning a consignment of bagged rice, in which Calver J set out definitive guidance as to the circumstances in which a letter of undertaking may consolidate or amend the arbitration clauses contained in the underlying bills of lading
- LMAA Arbitration (2020) (junior counsel) in which Owners claimed against Charterers for US$4m representing resulting from an explosion of a container filled batteries and aerosols
- LMAA Arbitration (2019) (junior counsel) in which Owners claimed an indemnity from Charterers for the settlement of a cargo claim brought under a bill of lading which, in breach of the Charterparty, was issued without a London arbitration clause and therefore brought in Kenya, giving rise to arguments about causation, remoteness, and expert evidence on foreign law and procedure
- Several LMAA arbitrations concerning the correct interpretation of Worldscale clauses and the calculation of freight
- Aqua Marine v Nautic Avenue (Claim No. 2019-000307) (sole counsel) successfully resisting an application in the High Court before Phillips J to set aside an LMAA arbitration award pursuant to s68 of the Arbitration Act 1996, arising from a conspiracy to deprive a party from remuneration under a yacht brokering agreement
- Argentum Exploration Ltd v Government of the Republic of South Africa (junior counsel) a salvage claim in the Admiralty Court in respect of the deep sea recovery of 2391 bars of silver sunk aboard the SS Tilawa in 1942, in which the Republic of South Africa asserts ownership of the silver and that they are entitled to state immunity under the State Immunity Act 1978 and the Salvage Convention 1989
- Lombard North Central v Hutley (sole counsel) applying for summary judgment in a debt recovery claim in the Admiralty Court under a loan agreement secured by a mortgage over a yacht, involving a dispute as to the method used by the mortgagee to procure a sale
- Several LMAA arbitrations concerning the cancellation of superyacht charters arising out of the coronavirus pandemic
- Advising on challenges to and appeals from arbitration awards, pursuant to s67, 68 and 69 of the Arbitration Act 1996