Date of Birth: 1969Date of Call: 1994
General Information
1983-1988 Radley College
1989-1992 Trinity College, Cambridge (History 2.1 MA).
1993-1994 Inns of Court School of Law (Outstanding, Macaskie Award).
Practice
Richard practises commercial law including shipping, insurance and reinsurance, international carriage of goods, professional negligence, conflict of laws and jurisdiction disputes, arbitration and banking. Chambers & Partners 2008 and Legal 500 identify Richard as a leading junior in shipping, insurance and international arbitration.
Richard appears frequently as an advocate before arbitration tribunals (including LMAA and LCIA) and in the Commercial Court. In addition to numerous charterparty disputes his recent shipping work includes acting on behalf of charterers in relation to an unlawful conspiracy claim, seeking relief in the Commercial Court arising out of the wrongful attachment of assets in New York, an oil rig construction dispute and various bunker contamination disputes.
His recent insurance and reinsurance work includes acting on behalf of political risk underwriters in an LCIA arbitration and obtaining an anti-suit injunction in relation to a political risk coverage dispute. He also recently acted on behalf of personal accident reinsurers in a London reinsurance arbitration concerning the personal accident spiral and was previously involved in the film finance insurance litigation.
His recent professional negligence work includes acting on behalf of a reinsured in a Commercial court action relating to allegations of professional negligence against both the producing and the placing broker. His general commercial practice has recently seen him involved in a joint venture dispute relating to the export of fuel oil from Iraq.
Richard is described in Chambers & Partners 2008 as “a star in the making” “brilliant”, “a talented advocate” and as “extremely bright, hard-working and resilient.”
Selected Cases
Shipping
Congentra AG v Sixteen Thirteen Marine SA (The “Nicholas M”) (2008). Obtained freezing injunction in relation to claim against owners for wrongfully obtaining a Rule B Attachment Order in New York.
The Charlotte C [2005] 2 Lloyd's Rep. 626. Unsafe berth case.
The Marseilles [2003] 1 Lloyd's Rep. 503. Recovery of Settlement Loss (Commercial Court).
East West Corporation v DKBS 1912 [2002] 2 Lloyds Rep. 182; [2003] 1 Lloyd's Rep. 239 (CA). Shipping. Misdelivery; title to sue under Carriage of Goods by Sea Act 1992.
Cenargo v Astilleros (2002) CLC 1151 (CA). Shipping. Newbuilding RoRo Ferry. Liquidated damages.
The River Ngada (2001) LMLN 570. Shipping. Cargo damage. Mitigation.
The “Yellow Star” [2000] 2 Lloyds Rep. 637. Application of time-bar in context of failure to supply supporting documents for demurrage claim.
The Hai Hing [2000] 1 Lloyds Rep. 300. Incorporation of Hague Rules.
The Rio Assu [1999] 1 Lloyds Rep. 115 (CA); [1999] 1 Lloyds 201. The meaning and effect of P&I Club’s letters of undertaking.
Insurance/Reinsurance
Ace Capital v CMS Energy Corporation [2008] EWHC 1843. Political Risk Insurance. Interplay between arbitration clauses and service of suit clauses.
BP v National Union Fire Insurance Company and Others (2004). Insurance. Open cover. Stage of project when declaration could be made to open cover.
CGU International Insurance v Szabo (and others) (2002) 1 All ER (Comm) 83. Insurance. Jurisdiction. Declaration for negative declaratory relief (Commercial Court).
Warner-Chappell v Bolton (2002). Insurance. Jurisdiction (Commercial Court).
GSIIL v SCB and Others (2002) Reinsurance. Anti–suit injunction (Commercial Court).
Professional Negligence
QBE v Steel (2007) Reinsurance. Brokers. Professional negligence.
Charman v GIO and Others (2002). Reinsurance. Brokers. Professional negligence.
GSIIL v SCB and Others (2002) Reinsurance. Brokers. Professional negligence.
Banking
Fortis Bank v Andrenal Shipping (2008) – ship finance dispute
Arbitration
Halki Shipping Corporation v Sopex Oils Ltd [1998] 1 WLR 726; [1997] 1 WLR 1268 (CA). Seminal case on the meaning and effect of section 9 of the Arbitration Act 1996.
General Commercial
Nicholas G Jones v Environcom [2009] EWHC 16 (Comm). Security for Costs relating to counterclaims.
Ravennavi SPA v New Century Shipbuilding Co Ltd [2007] EWCA Civ 58 (CA) (first instance reported at [2006] 2 Lloyds Rep. 280). The effect of an entire agreement clause in a shipbuilding contract.
East West Corporation v DKBS 1912 [2003] 1 Lloyd's Rep. 265 (CA) Civil Procedure. Costs. Part 36 offers and appeals.
Pearce v John Mason (2001). Exemption Clauses. Damages (Commercial Court).
Shetland Towage v Ferguson Shipbuilders (2001). Sale of goods. Fitness for purpose (Business List).
Pirelli v United Thai [2000] 1 Lloyds Rep. 663. Retrospective extension of time to serve writ.
Raflatac Ltd v Eade and Others [1999] 1 Lloyds Rep. 506. Duties of care in tort and contributory negligence.
