MA (Cantab). Dip Law (distinction)

French (working knowledge)

Although primarily an advocate, Dominic Kendrick QC is frequently appointed as an arbitrator in commercial disputes, particularly shipping, insurance and trading disputes.

He is a member of the London Court of International Arbitration.

• Insurance & Reinsurance
• Commercial Fraud
• Shipping
• Banking and Finance
• General Commercial Disputes
• Professional Negligence
• Jurisdiction/Conflicts of Laws
• Arbitration

Dominic Kendrick QC has been involved in disputes arising from most of the large events to hit the insurance world over the last 20 years, including the problems at Lloyd’s in the nineties, the Eastern European disputes arising out of the fall of Yugoslavia and the Soviet Union, the Exxon Valdez disaster, the invasion of Kuwait, the PA spirals, pension mis-selling and claims arising out of 9/11. Insurance/reinsurance covers a wide area, and so some illustrations in various sub categories are set out below.

Selected cases:

• Quorum v Schramm [2002] 1 LLR 249: Loss of value of a Degas masterpiece damaged by smoke in a fire. This case raised basic problems of what constitutes ‘damage’ and how it should be valued.
• Sun Life v Feasey (CA) [2003] EWCA Civ 885. This case concerned the meaning and definition of insurable interest in modern commercial insurance.
• John Wyeth & Brothers Ltd. v Cigna Insurance Company of Europe SA/NV and Ors [2001] 2 Lloyd’s Rep. IR 420 (CA): This case, which arose in the wake of the collapse of the largest single UK group action, concerned the interface between London market product liability insurance and US ‘duty to defend’ type insurance.
• Dominic Kendrick QC has also acted in numerous ‘Directors and Officers’ insurance disputes.
• Newfoundland Explorer [2006] EWHC 429 Loss of a vessel through fire and the construction of a marine insurance warranty.
• Interpart v  Lexington Insurance [2004] LRIR 690. This case concerned the significance of a back-dated surveyors certificate in marine insurance.
• Glencore International AG v Alpina and Others [2004] 1 Lloyd’s Rep. 111. Dominic Kendrick was lead counsel in this 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out of the loss through theft and fraud of about $300 million of oil in floating storage.
• Commercial Union v NRG, Skandia v NRG [1999] 2 All E.R. 434. This case arose out of the Exxon Valdez disaster. It is a leading authority on what must be proved by Reinsureds to recover under reinsurance in respect of foreign judgments and settlements.
• Scott v Copenhagen [2003] EWCA Civ 688. This case concerns the loss of Kuwaiti and a BA aircraft in the Gulf war. It is a leading CA case on aggregation of claims ‘arising out of one event’.
• Dominic Kendrick QC has acted in numerous disputes concerning aggregation, including 9/11 cases.
• Lincoln v Sun Life and Phoenix. [2004] EWHC 343 (Comm). This case concerned the effect in a reinsurance dispute of a previous award and defined the limits of issue estoppel.
• Dominic Kendrick QC has also acted in Alternative Risk Transfer arbitrations and in numerous reported contingency insurance disputes and (in arbitration) the postponement of the Ryder Cup after 9/11.

Dominic Kendrick QC has acted in disputes over trading contracts of commodity suppliers in arbitration before the relevant commodity board, in disputes where the hedging of risk is either the subject of the action or the mainstay of a claim in damages- such as Trafigura Beheer v MSC, where the hedging takes the form of a credit insurance or financial guarantee (an increasing category), and where the case involves a trader’s strategy as in Glencore International AG v Alpina [2004] 1 All ER (Comm) 766.

Fraud, and the consequences of fraud, lies at the heart of much of the case load of Dominic Kendrick QC.

Selected cases:

• MAN A.G and ERF v Freightliner Ltd and Ernst & Young [2005] EWHC 2347 (Comm), in which the vicarious liability of a company for the deceit of a person, not employed by it, in the course of sale negotiations was established, leading to damages in the order of £350 million;
• Trafigura Beheer v MSC [2007] - an internationally organised fraud concerning the sale and shipment of copper to China.
• Shinhan Bank v Sea Containers [2000] 2 LLR 406 - a fraud on a bank.
• In arbitration, Dominic Kendrick QC was leading counsel for the claimant which first established that there had been a ‘rigged market,’ creating an artificial and lethal spiral of losses for Personal Accident reinsurers.

Selected cases:

• "Achilleas" - Dominic Kendrick QC was the leading counsel in a successful appeal to the House of Lords. The case concerned the measure of damages on a time charter for premature redelivery.
• "MSC Amsterdam" [2007] - He was successful leading counsel in the Court of Appeal in a case concerning the misdelivery of a valuable cargo of copper in China due to the production of fraudulent bills of lading.
• A major safe port claim arising from the loss of an almost new Cape size bulker.
• "Tychy" [2001] 2 LLR 403 (slot charters).
• "Rio Assu" [1999] 1 LLR 115 (claim on a P&I letter of guarantee).
• Manatee and Coastal v Oceanbulk [1999] 2 LLR 227 brokers commission on ship sales.
• "Sanix Ace" [1987] 1 LLR 465 (title to sue and the right to substantial damages).
• "Nogar Marin" [1987] 1LLR 456 (indemnity against consequences of signing bills of lading).

Dominic Kendrick was also leading counsel in Commercial Court actions arising out of some large oil tanker and bulk cargo casualties such as the "Kirki" and the "Silimna" which raised issues of naval architecture and computer modelling of considerable complexity.

Many cases in this area are in arbitration and therefore confidential. A recent arbitration concluded in a successful Award for substantial damages for the failure to deliver four newbuildings.

Two current cases include a major bank loss in the trading and holding of gold bullion, and a derivative contract dispute, akin to insurance.

He has also been involved in various arbitrations concerning the interface between credit counterparty risk, the risk of financial default, financial guarantee  and Alternative Risk Transfer insurance.

Selected cases:

• Shinhan Bank v Sea Containers [2000] 2 LLR 406 (Claim by Bank arising out of the financing of sale by presentation of fraudulent documents)
• Glencore v Bank of China [1996] 1 LLR 135 (construction of the ICC rules for international credits)
• "Future Express" [1993] 2 LLR 542 (presentation of fraudulent documents and bills of exchange).

Recent cases range from acting for a hedge fund in a dispute on refinancing debt, and in a Chancery Court appeal from a VAT Tribunal decision on tax.

Selected cases:

• MAN A.G and ERF v Freightliner Ltd and Ernst & Young [2005] EWHC 2347 (Comm)
• "Achilleas" [2008] - Although a shipping case, the House of Lords decision raised major points of importance on damages for all commercial contracts, from banking to trading as their Lordships recognised.  Dominic Kendrick QC appeared for the successful appellants who had lost at all stages until the House of Lords decided unanimously in their favour by reappraising the principles of remoteness.

Dominic Kendrick QC has acted in numerous cases of professional negligence of agents and intermediaries in the above fields, including insurance brokers, ship brokers, solicitors, and the personal liability of directors and officers of a company.

Dominic Kendrick QC also acts frequently in insurance disputes concerning E&O and D&O coverage for professional misconduct.

Bringing the claim in the right forum is an essential step in international litigation. Dominic Kendrick QC has been involved in many forum disputes; England versus another jurisdiction (whether a country within the EC or elsewhere); Court versus Arbitration.

Selected cases:

• Inco v First Choice (House of Lords) [2000] 1 WLR 586 (arbitration jurisdiction),
• Glencore -v- Metro and Itochu Petroleum C. (S) Pte Ltd. & Banque Trad-Credit Lyonnais [1999] 2 LLR 632 (European Convention on Jurisdiction),
• HIB Insurance v Guardian [1997] 1 LLR 412 (jurisdiction for negative declaration),
• Federal and Chubb v Transamerica [1999] 2 LLR 227 (arbitration)
• "Anna H" [1995] 1 LLR 111 (Admiralty jurisdiction).

A large number of Dominic Kendrick QC’s hearings take place in arbitration, which requires a slightly different form of advocacy from High Court or appellate court work.

Although primarily an advocate, Dominic Kendrick QC is frequently appointed as an arbitrator in commercial disputes, particularly shipping, insurance and trading disputes.

He is a member of the London Court of International Arbitration.

• "A very clever and very refined character who takes his point beautifully”  Energy
  

• "Phenomenal, diligent and hard-working” Insurance

• he "has learnt the market and knows the players and policy wordings back-to-front” Insurance
  

• "Dominic Kendrick QC also receives commendation as a “devastating strategist with rapier-like clarity.”   International Arbitration

• Dominic Kendrick QC has “an impressive grasp of a case.”  Commodities

• The set fields a number of experienced arbitration practitioners, including Dominic Kendrick QC who possesses “real intellectual acuity.”  Arbitration

• 7 King’s Bench Walk is a leading insurance set in London… and Dominic Kendrick QC is “a very persuasive advocate.”  Insurance and reinsurance

• Dominic Kendrick QC recently dealt with the House of Lords Appeal in the Achilleas case.  Shipping

• “Easy to work with and responsive”, Dominic Kendrick QC earns commendation as an advocate in commercial trials and arbitrations. He has made his mark as an insurance expert in the marine and energy fields, distinguishing himself in disputes involving offshore facilities.  Energy

• Dominic Kendrick QC…boasts “a quietly spoken but extremely convincing style”. He is noted by clients for  “working well with solicitors and really getting excited about cases.”  Insurance

• the “cerebral” Dominic Kendrick QC has covered disputes relating to such events as the fall of Yugoslavia, the invasion of Kuwait and the Exxon Valdez disaster.  International arbitration