Our programme for the evening includes:
The RENOS – Upsetting the SCOPIC Applecart - James M Turner QC explores the consequences of the Court of Appeal’s decision in the context of the uneasy relation between the hull insurance and the environmental salvage
Preserving your contractual remedies in face of a foreign insolvency - Nigel Cooper QC and Jeremy Richmond look at the potential impact of foreign insolvency law and recognition under the Cross-Border Insolvency Regulations on contractual remedies in the maritime and maritime construction sectors. A review of recent case-law and an analysis of the potential risks and opportunities that may arise and how best to manage them.
Rock solid? A look at non oral modification and entire agreement clauses - Ruth Hosking explores the consequences of the Supreme Court’s decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd on NOM clauses and the potentially wider impact on entire agreement clauses and party autonomy.
“Get on with it!!” - Tom Bird discusses important recent developments on time bars and delay, including The Alhani and Dera v Derya.
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Simon is one of the best-known practitioners at the Commercial Bar with a broad commercial advisory and advocacy practice spanning substantial commercial contractual disputes, international trade and commodities, shipping and maritime law in all its aspects, energy and natural resources and insurance and reinsurance and has extensive experience of international arbitration. Simon regularly acts in ground-breaking cases including NYK Bulkship (Atlantic) NV v Cargill International SA (The Global Santosh)  UKSC 20 where Simon was brought in to argue the case in the Supreme Court and represented the successful appellants, Cargill. The decision is a landmark one in relation to a contracting party’s responsibility for the vicarious or delegated performance by a third party of its contractual obligations, both in the common charterparty and international sale of goods contexts and more generally. In Bunge SA v Nidera SA  UKSC 43 Simon successfully represented Bunge in a landmark decision by the Supreme Court on GAFTA Default Clause and sale of goods damages after The Golden Victory on points which had been lost at every stage below.
He is next in the Supreme Court in October 2018 on the issues as to the burden of proof under the Hague / Hague-Visby Rules raised on the appeal in Volcafe Ltd v Compania Sud Americana de Vapores SA  EWCA Civ 1103.
Ranked as the “Star Individual” for shipping by Chambers UK in 2015, 2016, 2017 and again in 2018, Simon: ‘impresses with his mastery of the brief... exceptionally gifted, he has the strong confidence of his clients, and is an excellent presenter of complex material....’ and ‘….is one of those super silk guys who has judges eating out of his hands.” “He has the gift of going straight to the problem." He was ranked as Shipping Silk of the year 2017 by both Chambers and Partners UK and Legal 500 UK Awards and one of the Top Ten Maritime Lawyers 2017 and again in 2018 by Lloyd’s List. He has also been cited for many years as a leading Silk in the areas of Commodities, Commercial Litigation and Dispute Resolution, International Arbitration, Energy and Natural Resources, and Insurance and Reinsurance by Chambers UK and/or Legal 500.
He is frequently appointed as arbitrator (LCIA, ICC, LMAA, SIAC, UNCITRAL and ad hoc, sitting both sole and as co-arbitrator) and has given expert evidence of English law to courts in several countries. He also sits as a Recorder in the Crown Court and as a Deputy High Court Judge (Queen’s Bench and Commercial Court).
Described variously as “really forthright and his attention to detail is phenomenal” and as being “patient and easy to work with”, Nigel has a wide-ranging shipping practice which covers most aspects of international trade and carriage of goods as well as maritime construction, including the offshore and superyacht sectors. He is also well-known for his expertise in the marine insurance sector.
Nigel is instructed by the London and overseas offices of all the major shipping firms as well as insurers and foreign law firms. He is also one of the few silks instructed by the government in relation to commercial shipping matters and has previously acted in three formal investigations. Reported cases include The Doric Pride M.H. Progress Lines S.A. v. Orient Shipping Rotterdam B.V., Lloyd's TSB Equipment Leasing (no. 1) Ltd v Revenue & Customs Commissioners, Seadrill v. OAA Gazprom, Ferryways N.V. v. ABP but much of Nigel’s recent work has been in arbitration and is therefore confidential. As part of his practice, Nigel has developed an increasing expertise in the interplay between contracts subject to English law and foreign insolvency regimes.
A specialist shipping and commercial advocate appearing regularly in the Admiralty and Commercial Courts and in arbitration in London, continental Europe and the Far East. James acts in shipbuilding, charterparty, bill of lading, sale of goods and ship-sale disputes of all hues. Cases include Gard Marine & Energy Ltd v China National Chartering Co Ltd ("The Ocean Victory")  UKSC 35 - one of the largest unsafe port claims of recent years, resulting in a judgment for over US$130 million (plus interest). He is also a highly experienced Admiralty practitioner, instructed in numerous collision cases, wreck removal, arrest and limitation.
Cases also include substantial matters raising important points of principle on limitation.
He appeared in the Supreme Court and Court of Appeal of Gibraltar in Zelikov v Merlin.
James is regularly appointed arbitrator, and has extensive experience of mediation - as mediator and counsel.
He is co-author of The Law and Practice of Admiralty Matters, OUP 2007, 2nd edition 2016. James is consistently ranked by Chambers UK and Global and Legal 500 where it is noted that: "He has an amazing ability to crunch through the details of a very technical case." "An excellent advocate; he is very high quality."
Jeremy specialises in commercial and modern chancery law. He is described in Chambers and Partners as a “superb advocate” whose “expertise in chancery, commercial and banking matters is a useful complement to his insolvency skills”.
Jeremy’s practice encompasses a broad range of commercial chancery and insolvency matters. He has a specialisation in cross-border insolvency issues particularly in relation to the shipping, commodities, insurance and aviation sectors. Jeremy has advised and / or appeared for key parties in OW Bunker, Hanjin Shipping, STX Pan Ocean and Arik Airlines. Jeremy's practice also encompasses company law (including directors misfeasance), shareholder and joint venture disputes, sale of goods (both international and domestic), fraud (with an emphasis on asset recovery) and all aspects of general commercial law. He regularly appears in the Chancery Division as well as in the Commercial and Mercantile Courts. Jeremy often works in conjunction with Counsel from other jurisdictions and with experts.
Many of his cases involve a cross-over between ‘modern’ chancery and commercial litigation.
Jeremy was admitted to the New York Bar in 1996 and has worked as a New York lawyer for blue chip law firms in Manhattan and then the City.
Ruth’s practice encompasses the broad range of general commercial litigation and arbitration. Her particular areas of specialism include shipping, civil fraud, private international law and commodities. She undertakes drafting and advisory work in all areas of her practice and regularly appears in court and in arbitration, both as sole counsel and as a junior. Ruth also accepts appointments as an arbitrator (both as sole and as part of a panel).
Ruth has appeared in the House of Lords, Court of Appeal, High Court and has represented clients in a variety of international and trade arbitrations (including ICC, LCIA, LMAA, GAFTA and FOSFA). She has been involved in a number of high profile cases, including "The Achilleas", a leading case on the contractual principles of remoteness of damage and "The Atlantik Confidence", the first case in which an English Court has determined that a person was barred from relying on the limits provided by the Limitation Convention.
Ruth is ranked as a 'Leading Junior' in the latest editions of Chambers UK and The Legal 500. Praise given in previous editions include “quick, practical and user-friendly. She hits the nail on the head every single time”, “She is quick thinking, gets straight to the point and has excellent attention to detail” and “Her particular strength is her ability to cut through the detail and focus on the relevant issues”. In 2018 Ruth was shortlisted for the Legal 500 Shipping Junior of the Year.
Tom Bird has a broad commercial practice with a focus on shipping, commodities, aviation, insurance and reinsurance. Chambers UK recommends him as “a rising star ... He's responsive, accessible, bright, tenacious, and user-friendly."
Tom has represented clients in the High Court, Court of Appeal and Supreme Court. He is equally at home in arbitration. His significant cases include appeals to the Supreme Court in The DC Merwestone – a marine insurance dispute concerning the fraudulent device doctrine – and Stott v Thomas Cook, the leading case on the exclusivity of the Montreal Convention and its relation to EU law.