7 Kings Bench Walk - Specialising in Commercial Law. About Chambers 7 Kings Bench Walk - Specialising in Commercial Law. Areas of Practice 7 Kings Bench Walk - Specialising in Commercial Law. Barristers 7 Kings Bench Walk - Specialising in Commercial Law. Pupillage at Chambers 7 Kings Bench Walk - Specialising in Commercial Law. Administration of Chambers 7 Kings Bench Walk - Specialising in Commercial Law. Internet Links 7 Kings Bench Walk - Specialising in Commercial Law. Contact us
Mr Timothy Saloman Q.C.
 
Timothy Saloman QC
Timothy SalomanDate of Birth: 1951
Date of Call: 1975
Silk Date: 1993
Languages: French, and some Italian

General Information
1964-1968:  Charterhouse

1969-1973:  Lincoln College Oxford, Open Scholar Classics.  Hon. Mods. Classics (1971), B.A. - Jurisprudence (1973) Oxon

1973-1974:  French Government Scholar at University of Aix-Marseille (French/ European law)

Practice
June 1976        Commenced practice at the Bar  

March 1993:    Appointed Queen's Counsel  

May 2003:       Elected Master of the Bench of the Honourable Society of the Middle Temple  

Principal areas of practice: international commercial work, in court and arbitration: notably shipping, insurance, reinsurance (marine and non-marine), sale of goods; disputes involving States or state corporations, state immunity, and jurisdictional disputes in Court and arbitration.  

Has extensive experience as an advocate in England in the High Court and appellate courts and in arbitration tribunals; he has also appeared as an advocate in the Supreme Courts of Cyprus (shipping), Bermuda (insurance), and British Indian Ocean Territories (shipping).  

Appears in successive editions of 'Legal Experts'

Has given expert evidence on English law in foreign proceedings in the USA (reinsurance litigation), and France (shipping and jurisdictional disputes).  

Has acted as arbitrator in commercial/insurance disputes; member of the Commercial Bar Association; and supporting member of the London Maritime Arbitrators' Association.  

Recorder of the Crown Court.  

Selected Cases

  1. Pan Atlantic Insurance Co. Ltd v. Pine Top Insurance Co. Ltd [1995] 1 A.C. 501 (H.L.).  The leading modern case on the test of materiality and the requirement of inducement in insurance contracts.  
     
  2. Balkanbank v. Taher [1995] 1 WLR 1057 (C.A.) (No. 1) and [1995] 1 WLR 1067 (C.A.) (No.2).  Jurisdiction disputes arising from worldwide Mareva injunction in aid of foreign proceedings.  
  3. Marc Rich (renamed Glencore) v. Portman [1996] 1 Lloyd's Rep. 430 (Longmore J.) and [1997] 1 Lloyd=s 225 (C.A. - appeal dismissed).   Breach of warranty and non-disclosure under a Charterers liability insurance policy.  In  C.A., a leading decision on the discloseability of an adverse loss history.   
  4. Nowsco v. Occidental Petroleum (C.A.), unreported; dispute concerning the construction of an offshore oil supply contract following destruction of property on the Piper Alpha oil platform.  
  5. Littrell v. United States of America [1995] 1 WLR 82 (C.A.). State immunity of U.S.A. for personal injuries inflicted on an army officer at a hospital on the RAF Lakenheath N.A.T.O. base.  
  6. Owners of vessel Zeus v Bimeh Iran Insurance Co. Ltd [1996] (marine insurance dispute arising from exocet missile damage, Commercial Court) 
  7. Yona International v La Reunion Francaise (1995- 1996) (expropriation of a Liberian timber concession, claims under a Lloyd=s C.E.N.D. policy, Commercial Court 
  8. Credit Suisse Financial Products v. Societe Generale D' Enterprises [1997] CLC 168. (C.A.).  ISDA contract, and exclusive jurisdiction agreement - enforceability under Article 17 of the Brussels Convention - interpretation of International Swap Dealers Association (ISDA) contract terms.   
  9.  Sierra Leone Telecommunications Co. Ltd. v Barclays Bank plc [1998] 2 AER 821 (Commercial Court). 
  10. Commerzbank AG v PLD Telecom (February - May 2000, instructed by Commerzbank, Allen & Overy), litigation over option to purchase shares in Russian telecommunications company, contractual injunction in support of arbitration;  confidentiality issues).  
  11. David Agmashabeli [2002] 2 AER (Comm) 806 (Carriage of Goods by Sea Acts and the Master=s duties as to the clausing of bills of lading)  
  12. Beursgracht [2002] 1 Lloyd=s Rep. 574 (marine insurance, open covers )  
  13. Sabah Shipyards v Islamic Republic of Pakistan [2003] 2 Lloyd=s Rep. 503. (state immunity, anti-suit injunctions)   
  14. Re-opened Formal Investigation into the Loss of the Hull trawlerGAULin February 1974 (2004) (Mr. Saloman appeared as Counsel for the Crew Families)    


    FURTHER PRACTICE INFORMATION  

    Since the 1980's Mr. Saloman’s practice has mainly comprised shipping, insurance and other commercial law cases in the Admiralty and Commercial Courts, and before arbitration tribunals:  

    Typical Admiralty Court cases have involved disputes about ships or ship arrests (e.g. The Aventicum [1978] 2 LL.L.R. 184; The Saudi Prince No. 1 [1982] 2 LL.L.R. 255; A v. B [1984] 1 AER 265; The Rewia [1991] 1 LL.L.R 69; [1991] 2 LL.L.R 325 C.A; commodity damage disputes, e.g. Derby Resources A.G. v Blue Corinth Marine Co - The Athenian Harmony [1998] 2 Ll.L. R. 410 (principles for assessing compensation for loss of or damage to goods) and 425 (Court=s approach to delay; discount rate of interest rather than period); The David Agmashabeli (2001-2002) (Carriage of Goods by Sea Act 1971; damage to cargo and Master=s duties as to the clausing bills of lading) [2002] AER 806 (Comm).    

    Commercial Court cases have involved disputes about the scope of arbitration clauses in bills of lading or charterparties (e.g. Emmanuel Colocotronis 1982 1 W.L.R. 1096; The Saudi Prince No. 2 [1988] 1 LL.L.R.1 (C.A.); Fal Bunkering v. Grecale [1990 1 LL.L.R. 360); bills of exchange (e.g. Jade International v. Robert Nicholas [1978] Q.B. 917, (C.A.); the enforceability of commercial guarantees (Hyundai v Papadopoulos [1980] 2 LL.L.R.1 (H.L.)); the Balkanbank litigation [1995] 1 WLR 1057 (C.A.) (No. 1) and [1995] 1 WLR 1067 (C.A.) (No.2); and the BCCI v Gokal litigation (1999); telephone company share options litigation (Commerzbank AG v PLD Telecom (litigation February - May 2000, see above).   

    Arbitration disputes, and disputes as to the existence of arbitral or court jurisdiction (English or foreign) have been recurrent throughout Mr. Saloman’s career.  
In the insurance/reinsurance field Mr. Saloman has been instructed in many cases, including leading cases such as  Pan Atlantic Insurance Co. Ltd v. Pine Top Insurance Co. Ltd [1992] 1 LL.L.R. 101; [1993] 1 LL.L.R. 496, C.A.; [1995] 1 A.C. 501 (H.L.), and  Marc Rich (renamed Glencore) v. Portman [1996] 1 Lloyd's Rep. 430 (Longmore J.) and [1997] 1 Lloyd’s 225 (C.A). Insurance cases have included: Pacific & General Insurance Co Ltd ‑v‑ Fremont Indemnity & Reinsurance Company [1990] (reinsurance treaty dispute in the English and Californian courts); Harbour Assurance Co (UK) v Kansa General International Ins.Co. [1993] QB701 (arbitral jurisdiction to decide illegality issues); Owners of vessel Zeus v Bimeh Iran Insurance Co.Ltd [1996] ( marine insurance case arising from missile damage, Commercial Court);  Deeny & Others v Gooda Walker Ltd (1993) (Lloyd’s excess of loss reinsurance disputes, Commercial Court); Yona International v La Reunion Francaise (1995- 1996)(expropriation of a Liberian timber concession, claims under a Lloyd=s C.E.N.D. policy, Commercial Court);  N. T. W. Bullen (Lloyd=s Synd 225 ) ‑v‑ Excess Insurance (1996) (arbitration:LMX spiral dispute); Bucks Printing Press v Prudential Assurance [1994] 3 Re.L.R. 219; Dornberger ‑v‑ Metropolitan Life Insurance Company (1998) (expert declaration on the underwriting of insurance policies in the U.K.and their legality for U.S. Court);  FAI v Charman Syndicates (1998) (Lloyds reinsurance dispute in Australian courts);  Kennedy & Donkin v CGU Insurance (1998- 99)(insurance disputes arising from fatal Accidents on the Sheffield Supertram Railway system);  Owners of Vessel Pacifica v China Insurance Company (1999-2000) (marine insurance total loss); Beursgracht  [2002] 1 Lloyd=s Rep. 574 (CA) (marine open cover insurance).  

Mr. Saloman has also appeared successfully in High Court professional negligence issue trials, e.g. W.A.Holdings v Cooper & Lybrand, and Grey Holdings v Grundberg Mocatta (1997).  

Disputes involving States, and State-owned agencies, have given rise to many instructions. Examples of litigated disputes include:   Czarnikow v. Rolimpex [1979] A.C. 351; H.L. (arbitration arising from Polish export ban: whether Rolimpex was an agent or organ of the Polish State and could claim force majeure);  

I Congreso Del Partido [1983] A.C. 255; H.L. (proceedings against State owned Cuban vessel following the rupture of relations between Cuba and Chile);  

Alcom v. Republic of Colombia [1984] A.C. 580; H.L. (immunity of Colombia from garnishee proceedings against funds in its Embassy’s bank account);  

Re The Embassy of Iraq and Rafidain Bank [1992] BCLC 301 (non-immunity of Iraqi Embassy bank accounts in winding-up);  

Littrell v. United States of America  [1995] 1 WLR 82 (C.A.) (USA’s sovereign immunity for personal injuries occasioned at a military base hospital).

Sierra Leone Telecommunications Co. Ltd. v Barclays Bank plc. [
1998] 2 AER 821 (Commercial Court). Whether the authority of signatories to a bank mandate had been duly revoked by the Government of Sierra Leone in exile; and whether the military Junta which held the capital city and parts of the country constituted the de facto government of Sierra Leone  

Sabah Shipyards v Islamic Republic of Pakistan [2003] 2 Lloyd=s Rep. 503 (C.A.).(ICC Arbitration Award - Pakistan’s claim of state immunity to the client’s anti-suit injunction proceedings rejected by the Commercial Court and on appeal)  

Svenska Petroleum v Government of Lithuania [2005] (proceedings to enforce ICC arbitration award against Lithuania)