"unfailingly charming Gavin Kealey is one of the best cross examiners in the business"
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Practice Profile
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Gavin Kealey QC


Year of Call: 1977
Year of Silk: 1994

email: gkealey@7kbw.co.uk


Gavin Kealey is Head of Chambers at 7KBW. He specialises in all areas of commercial law and is acknowledged for his considerable expertise in contentious litigation in court and international arbitrations - with particular emphasis on contractual disputes of all kinds, insurance/reinsurance, financial services and banking, commercial fraud, conflicts of laws, sports law, shipping and oil and gas, corporate/share valuations, and professional negligence. He is known for his meticulous preparation, incisive and effective examination of witnesses, team leadership, and complex legal argument at first instance and at all appellate levels.

He also regularly accepts appointments as arbitrator. As a result of his considerable international arbitration practice, he is familiar with New York, French, Colombian and Mexican law of contract and insurance. He speaks very good French. His many appearances as counsel in court and in arbitrations abroad include The Bahamas, the Cayman Islands, Bermuda, France, Holland and the US.

He is accustomed to giving expert evidence on English law, and he has given expert evidence in both Federal and State courts of the US by affidavit and by oral deposition, and also in France and Spain.


BA (Jurisprudence) University College, Oxford University. First Class.

Distinction in Law Moderations, Oxford University. Fletcher Scholar (Oxford).

Lecturer in Laws, King’s College, London University (Contract, Evidence, Jurisprudence).

Assistant Recorder of the Crown Court 1999. Recorder (Crown Court Judge) 2000 - 2010.

Deputy High Court Judge of the Queen's Bench Division of the High Court, assigned to the Commercial Court.

Head of Chambers at 7 KBW. Member of the LCIA, ICC Arbitrator. "Chambers and Partners" Insurance Q.C. of the year 2005. Director of the Bar Mutual Indemnity Fund Ltd 2001 - 2010.


Languages:


French

 



Appointments

Gavin Kealey is not only known for his considerable expertise in acting as Counsel in domestic and international arbitrations but he also has a well-established practice as an arbitrator.  His appointments cannot be described with any great particularity in view of the confidentiality of the process.   However he is regularly appointed as sole arbitrator or as the third arbitrator in insurance and reinsurance and shipping disputes, and as a party-appointed arbitrator in other areas of commercial disputes.  His acknowledged expertise is also reflected in one of his recent judgments while sitting as Deputy High Court Judge in the  Commercial Court in the case of:-

  • Buyuk v Progress [2010] EWHC 442 (challenges to maritime arbitration award for irregularity and permission to appeal).

Gavin Kealey QC specialises in the following areas:


Insurance & Reinsurance

Gavin Kealey is and has been for many years one of the best-known and most highly regarded insurance and reinsurance practitioners in England.  In 2005, he was the first recipient of the Chambers and Partners Insurance Q.C. of the Year Award, being in the very top rank of Insurance and Reinsurance Q.C.s in the Legal Directories ever since this Area of Practice was recognized.  He is also an acknowledged expert on the Bermuda Form.

Selected cases:

  • Representing mutual energy insurers in long running international arbitration hearing governed by New York law concerning oil platform collapse (2011)

  • Representing Bermudian insurer in international arbitration concerning medical equipment claims exceeding $100 million under the Bermuda Form (2011)

  • Representing UK Bank in domestic arbitration claim against UK insurers concerning UK and US Bankers Blanket Bond Policies (2011)

  • Representing Indonesian insurers in Singaporean arbitration against Indonesian mining insureds (2011-2012)

  • NFU v HSBC [2010] EWHC 771 (as a Deputy High Court Judge: double insurance).

  • Balli and PK Air Finance v Chartis & Others - Representing 18 major aviation insurers in an action brought against them in the Commercial Court for $150 million in connection with the theft and removal of three Boeing 747 aircraft to Iran (2009 - 2010).

  • Advising the Law Society in relation to claims against and coverage for solicitors in respect of professional indemnity. (2010).

  • Advising leading football club in relation to disablement claims arising from injuries sustained by former Captain on the football field. (2010).

  • Representing Excess Insurers in international arbitration on the Bermuda Form in resisting claim for $75 million in connection with medical malpractice liabilities in the U.S. (2009 - 2010).

  • Representing insurers in resisting claims exceeding $50 million by U.S. hospital company in an international arbitration on an amended Bermuda Form (2009 - 2010).

  • Representing one of the major international insurance brokers in resisting claims of $500 million in the Commercial Court for alleged fraud  in relation to PA LMX and Permanent Health covers. (2008-9).

  • Representing insurers in international arbitration on the Bermuda Form in resisting $50 million claim by a major U.S. pharmaceutical company in respect of an internationally marketed and allegedly harmful drug (2008-9).

  • Representing one of the major international pharmaceutical companies in a Bermudian arbitration on the Bermuda Form in obtaining recovery from liability insurers in respect of mass tort third party claims in the U.S. (2008).

  • Bedfordshire Police Authority v Syndicate 386 [2009] LRIR 607 (Commercial Court and Court of Appeal).  Leading for public liability insurers in claim concerning Riot Damage Act liabilities.

  • HLB Kidsons v Lloyd's [2009] 1 Lloyd's Rep 8; [2008] LRIR 237; [2008] 3 Costs LR 427 (Court of Appeal & Commercial Court). 2 month trial leading for Professional Indemnity Underwriters.

  • Limit (No 2) v AXA [2009] LRIR 396 (Court of Appeal).  Leading for reinsured against avoiding reinsurers: continuing representations.

  • Representing Mexican insurers in defending a claim by U.S. aircraft lessors for excess of $150 million in international arbitration governed by Mexican and English law in respect of the theft of a fleet of ageing aircraft (2007 - 2010)

  • Acting for Colombian insurers in ICC arbitration: recovery from international reinsurers in claim arising from mortgage and savings liabilities of Banco de la Republica in Bogota (2006 - 2008)

  • Acting for Bermudian insurers in an international arbitration in Bermuda on the Bermuda Form in resisting a $50 million claim by a major U.S. motor manufacturer  in respect of casualties in the U.S. (2006-2007).

  • Talbot v Nausch Hogan & Murray Inc [2006] 2 Lloyd's Rep 195. Undisclosed principals in insurance contracts.

  • Travelers v Sun Life [2007] LRIR 619; [2006] EWHC 2885 (Commercial Court, Clarke J.) Leading for insureds in claim under professional indemnity insurance.

  • Lumbermens v Bovis [2005] LRIR 74. Impact and enforceability of global settlements in liability insurance and reinsurance.

  • Commercial Court trial (2 months) leading for international reinsurers (Swiss Re affiliate) in case concerning the insurance of a manufacturer's historical asbestos exposure in £166.6 million claim vs insurers and brokers (2005).

  • Arbitration for insurers on World Trade Center coverage dispute (2005).

  • Tonicstar v American Home [2005] LRIR 32 (Commercial Court, Morison J.) anti-suit and anti-anti-suit injunctions and conflicts of laws in context of insurance.

  • Travelers Casualty v Sun Life [2004] LRIR 846 (Commercial Court) jurisdiction, conflict of laws.

  • Sun Life Assurance Co. of Canada v CX Reinsurance Co. Ltd [2004] LRIR 58 (Court of Appeal). Appeal concerning formation of contract, incorporation of terms, existence of arbitration agreement in context of reinsurance.

  • Wise v Grupo Nacional Provincial [2004] 1 All ER (Comm) 49. Affirmation/waiver.

  • Acting for Warner Chappell in Warner Chappell v Michael Bolton (Commercial Court, concerning the infringement of copyright by U.S. singer/songwriter and rights of subrogation between co-assureds (2004)).

  • Assicurazioni Generali v CGU [2003] LRIR 725. Deputy High Court Judge: leading case on follow settlements clauses - affirmed by the Court of Appeal.

  • 3 week arbitration on the Bermuda Form (leading for U.S. insured) concerning mass tort silicone gel breast implant claims in the U.S. (2003).

  • 5 week reinsurance/brokers' negligence trial concerning energy insurance in the Commercial Court (Gross J.) leading for reinsured (2002).

  • 4 week international arbitration leading for US/Indonesian insureds against English/Continental insurers (2002).

  • Film finance insurance trial (leading for insurers) in Commercial Court (Langley J.), London.

  • Gold Medal -v- Hopewell 3 month insurance/reinsurance arbitration in Bermuda (leading for reinsurers) concerning illegal applications of pesticides in the USA on edible products (2001 - 2003).

  • Kingscroft Ins. Co. Ltd. & Walbrook Ins. Co. Ltd & others v The Nissan Fire & Marine Insurance
    Company Limited     (Commercial Court Moore-Bick J.) [1999] LRLR 603. Leading for reinsureds in trial involving reinsurance pools, retention clauses in quota share contracts, non-disclosure and misrepresentations.

  • J. Rothschild Assurance PLC v John Collyear (on behalf of underwriters at Lloyd’s) (Commercial Court Rix J.) [1999] 1 LRLR 6 Leading for professional liability insurers in trial against financial services insured involved in pensions mis-selling.

  • Kumar v AGF Insurance (Commercial Court, Thomas J.) [1999] 1 WLR 1747. Leading for professional indemnity insurers against insured solicitor in case involving interpretation of clauses permitting claims for indemnity against legal liability by non-fraudulent partners in circumstances where the fraud of the culpable partner amounted also to a breach of warranty.

  • Denby v English & Scottish Maritime Insurance Co. Ltd., & Yasuda Fire and Marine Company of Europe Ltd. v Lloyd’s Underwriting Syndicates 209, 356 and others (Court of Appeal) [1998] LRLR 343. Leading for Lloyd’s Syndicates (reinsurers) in the leading case on the construction of aggregate extension clauses in reinsurance contracts.

  • Den Danske Bank A/S, Nomura Bank, Bank of Tokyo v. Skipton Building Society, Economic Ins. Co. Ltd. and Kleinwort Benson Ltd. (Commercial Court, Thomas J.) judgment December 1997: Leading for defendants against all other parties in 2 month trial in the Commercial Court: loan portfolio transfers, construction of lending criteria, bank Broking Deeds and assignments, application of insurance terms, breaches of contract.

  • Sumitomo Bank, Sanwa Bank, Arab Bank v. Banque Bruxelles Lambert [1997] 1 Lloyd’s Rep. 487 Leading for syndicate of Banks in trial against Agent Bank: Duties of care owed by agent bank to syndicate of banks, misrepresentation and duties in the context of commercial property lending and mortgage indemnity insurance policies, the syndication of credit risks, the construction of Loan Agreements.

  • Glencore International A.G. (Marc Rich & Co. A.G.) v Portman and others (Court of Appeal) [1997] 1 Lloyd's Rep. 225. Leading for (Glencore) the insured in marine insurance trial and in the Court of Appeal against Lloyd's underwriters: issues of utmost good faith, waiver, constructive knowledge of underwriters.

  • DR Insurance v. Central National Ins. [1996] 1 Lloyd’s Rep. 74. Leading on issues of Private International law, Jurisdiction, Proper law, illegality.

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Shipping

Gavin Kealey's practice in Shipping has developed from a thriving junior's specialism into a leading silk's practice in which his experience and expertise are very much in demand in substantial cases both as Counsel and also as an Arbitrator.

Selected cases:

  • Buyuk v Progress [2010] EWHC 442 (challenges to maritime arbitration award) – Deputy High Court Judge.
  • Acting as arbitrator in charterparty disputes (2005 – present).
  • Representing a variety of shipowners in relation to shipbuilding disputes and charterparty disputes in arbitration – cancellation of contracts, instalments, repudiation (2008 – 9).
  • Golden Fleece Maritime v St Shipping [2008] 2 Lloyd's Rep 119 (Court of Appeal). Leading for shipowners in claim against time charterers concerning effect of change of International Regulations on Shipowners’ obligations under Shelltime 4 form.
  • Petroleum Oil & Gas Corp. of South Africa v FR8 [2009] 1 Lloyd's Rep 107 (Commercial Court, Steel J.).  Leading for Shipowners in claim under Shelltime 4 form.
  • Representing Norwegian oil rig owners in 2 month arbitration against rig builders (2005).
  • Glencore International A.G. (Marc Rich & Co. A.G.) v Portman and others (Court of Appeal) [1997] 1 Lloyd's Rep. 225. Leading for (Glencore) the insured in marine insurance trial and in the Court of Appeal against Lloyd's underwriters: issues of charterparty terms, demurrage and insurance.
  • Tharros Shipping Co. v. Bias Shipping Co. [1997] 1 Lloyd’s Rep. 426.  Leading for non-party at first instance and in the Court of Appeal on issue of liability of a non-party for costs in context of shipping dispute.
  • Pendennis Shipyard v Magrathea [1998] 1 Lloyd’s Rep. 315. Lliability of third party for litigation costs in the context of shipping dispute.

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Professional Negligence

Gavin Kealey began his professional negligence practice when he first joined chambers.  His practice has evolved from representing one of the big four accounting firms in much of its early litigation in the U.K. and in The Bahamas to dealing with and managing substantial cases involving a variety of classes of professional most notably insurance brokers, solicitors and valuers.

Selected cases:

  • Advising the Law Society (2010 and 2011) in relation to claims against (and coverage for) solicitors in respect of professional indemnity.
  • Representing one of the major international insurance brokers in resisting claims of $500 million in the Commercial Court for alleged fraud and negligence in relation to PA LMX and permanent health insurance (2008-9).
  • HLB Kidsons v Lloyd's [2009] 1 Lloyd's Rep 8; [2008] LRIR 237; [2008] 3 Costs LR 427 (Court of Appeal & Commercial Court). 2 month trial leading for Professional Indemnity Underwriters in case involving claims by accountants against their insurance brokers, insurance advisers, claims managers and solicitors.
  • Talbot v Nausch Hogan & Murray Inc [2006] 2 Lloyd's Rep 195. Undisclosed principals of insurance brokers in insurance contracts.
  • Commercial Court trial (2 months) leading for international reinsurers (Swiss Re affiliate) in case concerning the insurance of a manufacturer's historical asbestos exposure in £166.6 million claim vs insurers and brokers: (2005).

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General Commercial Disputes

Gavin Kealey's expertise in Commercial Law and as an advocate known for his preparation, analytical skills, team-work, and cross-examination, puts him in high demand from domestic and international clients, lay and legal.  The diversity of his General Commercial work reflects his wide-ranging and acknowledged skills.

Selected cases:

  • Masri v Consolidated Contractors International [2011] EWHC 1024 (Comm); [2011] EWCA Civ 898; [2011] WLR (D) 258 - 4 week contempt hearing and appeals in one of the longest-running Commercial Court disputes involving breaches of court orders, contempt of receivership orders, civil contempt (2011)

  • Buyuk v Progress [2010] EWHC 442 (challenges to arbitration award for irregularity and permission to appeal) – Deputy High Court Judge.

  • Retained by Force India to act for Formula One racing engineer/employee in resisting the attempt by/on behalf of Virgin Racing/Wirth Engineering to enforce a non-compete provision in employment contract (2010).
  • Representing Calyon in $1.65 billion claim in the Commercial Court against IKB: derivatives, swaps, claim of fraud (2009 – 2010 and continuing).
  • Acting for International Motorsport in claim against Welsh Ministers in respect of the cancellation of the Welsh world motor rally (2009).
  • Datasat v Swindon Town Football Club [2009] EWHC 859 (loans, investments, share sale) referred to at [2011] EWCA Civ. 84 – acting as a deputy High Court Judge.
  • Verizon v Swiftnet [2008] EWHC 551 (Deputy High Court Judge - telecommunications network dispute and forgeries).
  • Representing successful shareholders in share sale dispute before the Privy Council in its inaugural sittings in Nassau, The Bahamas (2006/7), Alexiou v Campbell [2007] UKPC 11.
  • Representing the Rugby Football Union in its dispute with the Premiership clubs in the QBD in London (2005-2006).
  • Representing private investors in bank fraud trial against HSBC in the Commercial Court (2006).
  • Representing EDF in the High Court in its employment contract dispute with its former CEO (Sept 2005)
  • Acting for Pictet Bank (Geneva and Nassau) in two month trial in the Bahamas (2005) in Trust/Banking litigation.
  • Representing BAR in BAR v Jenson Button and Williams Racing (to retain the services of Jenson Button for 2005 in Formula One - arbitration before the Formula One Contract Recognition Board in Paris, Milan and Geneva).
  • Acting for Warner Chappell in Warner Chappell v Michael Bolton (before the Commercial Court concerning the infringement of copyright by U.S. singer/songwriter and rights of subrogation between co-assureds).
  • Renault v Volvo. International arbitration sitting in Paris/Amsterdam concerning company/share acquisitions.
  • Tonicstar v American Home [2005] LRIR 32 (Commercial Court, Morison J.) anti-suit and anti-anti-suit injunctions and conflicts of laws.
  • National Westminster Bank PLC v Bilgin [2004] EWHC 2372. Deputy High Court Judge - piercing corporate veil, nominees & resulting trusts.
  • Den Danske Bank A/S, Nomura Bank, Bank of Tokyo v. Skipton Building Society, Economic Ins. Co. Ltd. and Kleinwort Benson Ltd. (Commercial Court, Thomas J.) judgment December 1997: Leading for defendants against all other parties in 2 month trial in the Commercial Court: loan portfolio transfers, construction of lending criteria, bank Broking Deeds and assignments, application of insurance terms, breaches of contract.
  • Sumitomo Bank, Sanwa Bank, Arab Bank v. Banque Bruxelles Lambert [1997] 1 Lloyd’s Rep. 487. Leading for syndicate of Banks in trial against Agent Bank: Duties of care owed by agent bank to syndicate of banks, misrepresentation and duties in the context of commercial property lending and mortgage indemnity insurance policies, the syndication of credit risks, the construction of Loan Agreements.

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Entertainment & Sport

Gavin Kealey has a relatively small but nonetheless well-developed practice in Sports Law, deriving principally from his acknowledged reputation and skills in contractual analysis, cross-examination and legal presentation.  This is an area of practice he particularly enjoys.

Selected cases:

  • Acting for Premiership Football Club in respect of disablement claims arising from injuries sustained by former Captain on the football field (2010).
  • Retained by Force India to act for Formula One racing engineer/employee in resisting the attempt by/on behalf of Virgin Racing/Wirth Engineering to enforce a non-compete provision in employment contract (2010).
  • Acting for International Motorsport in claim against Welsh Ministers in respect of the cancellation of the Welsh world motor rally (2009).
  • Datasat v Swindon Town Football Club [2009] EWHC 859 (loans, investments, share sale in connection with Football Club) referred to at [2011] EWCA Civ. 84 – acting as a deputy High Court Judge.
  • Representing the Rugby Football Union in its dispute with the Premiership clubs in the QBD in London (2005-2006).
  • Representing BAR in BAR v Jenson Button and Williams Racing (to retain the services of Jenson Button for 2005 in Formula One - arbitration before the Formula One Contract Recognition Board in Paris, Milan and Geneva).
  • Acting for Warner Chappell in Warner Chappell v Michael Bolton (Commercial Court concerning the infringement of copyright by U.S. singer/songwriter and rights of subrogation between co-assureds).

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Banking and Finance

Gavin Kealey's well-known skills of analysis and his experience have made him a sought after leader in difficult and substantial financial litigation.  Banking and Finance work forms a small but significant part of his considerable practice.

Selected cases:

  • Representing Calyon in $1.65 billion claim in the Commercial Court against IKB: derivatives, swaps, claim of fraud (2009 – 2010 and continuing).
  • Representing private investors in bank fraud trial against HSBC in the Commercial Court (2006).
  • Alexiou v Campbell: share sale dispute before the Privy Council in its inaugural sittings in Nassau, The Bahamas (2006/7), [2007] UKPC 11
  • Acting for Pictet Bank (Geneva and Nassau) in two month trial in the Bahamas (2005) in Trust/Banking litigation.
  • National Westminster Bank PLC v Bilgin [2004] EWHC 2372 (piercing corporate veil, nominees & resulting trusts) – Deputy High Court Judge.
  • Renault v Volvo. International arbitration sitting in Paris/Amsterdam concerning company/share acquisitions (2003).
  • Den Danske Bank A/S, Nomura Bank, Bank of Tokyo v. Skipton Building Society, Economic Ins. Co. Ltd. and Kleinwort Benson Ltd. (Commercial Court, Thomas J.) judgment December 1997: Leading for defendants against all other parties in 2 month trial in the Commercial Court: loan portfolio transfers, construction of lending criteria, bank Broking Deeds and assignments, application of insurance terms, breaches of contract.
  • Sumitomo Bank, Sanwa Bank, Arab Bank v. Banque Bruxelles Lambert [1997] 1 Lloyd’s Rep. 487. Leading for syndicate of Banks in trial against Agent Bank: Duties of care owed by agent bank to syndicate of banks, misrepresentation and duties in the context of commercial property lending and mortgage indemnity insurance policies, the syndication of credit risks, the construction of Loan Agreements.

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Arbitration

Gavin Kealey is known for his considerable expertise in acting as Counsel in domestic and international arbitrations.  He also has an established practice as an arbitrator (see Appointments  section above). His arbitrations cannot be described with any great particularity in view of the confidentiality of the process.  However he is regularly instructed on substantial Commercial cases where his skills as a legal and factual analyst, as a cross-examiner, and as an advocate highly respected by arbitrators, domestic and international, are in high demand.

Selected Cases:

  • Representing mutual energy insurers in long running international arbitration hearing governed by New York law concerning oil platform collapse (2011)

  • Representing Bermudian insurer in international arbitration concerning medical equipment claims exceeding $100 million under the Bermuda Form (2011)

  • Representing UK Bank in domestic arbitration claim against UK insurers concerning UK and US Bankers Blanket Bond Policies (2011)

  • Representing Indonesian insurers in Singaporean arbitration against Indonesian mining insureds (2011-2012)

  • Buyuk v Progress [2010] EWHC 442 (challenges to maritime arbitration award for irregularity and permission to appeal) – Deputy High Court Judge.
  • Representing insurers in resisting claim for $50 million by US hospital company in an international arbitration (2009 – 2010).
  • Representing insurers in resisting $50 million claim by a U.S. pharmaceutical company in an international arbitration in respect of an internationally marketed and allegedly harmful drug (2008-9).
  • Representing one of the major international pharmaceutical companies in obtaining recovery from liability insurers in a Bermudian arbitration in respect of mass tort third party claims in the U.S. (2008).
  • Representing Mexican insurers in defending a claim by U.S. aircraft lessors for excess of $150 million in international arbitration in respect of the theft of a fleet of ageing aircraft (2008 – 2010): after a 2 month arbitration, the US lessors’ application for permission to appeal the award against them was dismissed with costs.
  • Acting for Bermudian insurers in resisting a $50 million claim by a major U.S. motor manufacturer in an international arbitration in Bermuda in respect of casualties in the U.S. (2006-2007).
  • Acting for Colombian insurers in ICC arbitration: seeking recovery from international reinsurers in claim arising out of mortgage and savings liabilities of Banco de La Republica in Bogota (2006 – 2008).
  • Acting for BAR in BAR v Jenson Button and Williams Racing (to retain the services of Jenson Button for 2005 in Formula One - arbitration before the Formula One Contract Recognition Board in Paris, Milan and Geneva).
  • Renault v Volvo. International arbitration sitting in Paris/Amsterdam concerning company/share acquisitions under aegis of Dutch Arbitration Court.
  • Publicis v US joint venturers. International arbitration held bilingually in French and English concerning share sales and company valuations.
  • Arbitration for insurers on World Trade Center coverage dispute.
  • 3 week arbitration concerning mass tort silicone gel breast implant claims in the U.S.
  • 4 week international arbitration leading for US/Indonesian insureds against English/Continental insurers in connection with landslide construction damage.
  • 3 month insurance/reinsurance arbitration in Bermuda concerning illegal applications of pesticides onto cereals in the USA (2001 - 2003).
  • Representing Norwegian oil rig owners in 2 month arbitration against rig builders.


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Aerospace & Aviation

Gavin Kealey’s main involvement in aviation concerns aviation insurance in relation to which he is an acknowledged expert.

Selected cases:

  • Representing insurers in dispute over recoverability of US punitive damages award against US aviation company (2011)

  • Representing insurers in the Commercial Court in an action for the loss by theft of three 747 aircraft valued at $150 million and their retention in Iran (2009 - 2010). PK Airfinance, and Balli, v Insurers.
  • Representing Mexican insurers in defending a claim by U.S. aircraft lessors for excess of $150 million in international arbitration in respect of the theft of a fleet of ageing aircraft (2008 – 2010): after a 2 month arbitration before two Mexican arbitrators and one English arbitrator, the U.S. lessors’ application for permission to appeal the award against them was finally dismissed with costs.
  • Grecoair v Tilling [2005] Lloyd’s Rep. IR 151 (acting for reinsurers in successfully resisting the attempt by U.S. insured to cut through insurance provided by Angolan insurers to claim direct against reinsurers).

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Pharmaceutical

Gavin Kealey has considerable experience of international arbitrations for and against U.S. pharmaceutical and medical companies (mostly, the largest in the world).

Selected cases:

  • Representing Bermudian insurer in international arbitration concerning medical equipment claims exceeding $100 million under the Bermuda Form (2011)
  • Representing insurers in resisting claim exceeding $50 million by U.S. hospital company in an international medical malpractice arbitration (2009 - 2010).

  • Representing Excess Insurers in international arbitration on the Bermuda Form in resisting claim for $75 million in connection with medical malpractice liabilities in the U.S. (2009 -2010).

  • Representing insurers in an international arbitration in resisting $50 million claim by a US pharmaceutical company in respect of an internationally marketed and allegedly harmful drug (2008-9).

  • Representing major international pharmaceutical company in obtaining recovery from liability insurers in a Bermudian arbitration in respect of mass tort third party claims in the U.S. arising out of on and off label marketing/sales of medical drugs (2008).

  • 3 week arbitration on the Bermuda Form (leading for U.S. insured) concerning mass tort silicone gel breast implant claims in the U.S. (2003).

  • 3 month insurance/reinsurance arbitration in Bermuda (leading for reinsurers) concerning illegal applications of pesticides in the USA on edible products (2001 -2003). Gold Medal -v- Hopewell

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Jurisdiction/Conflicts of Laws

Given the international and commercial nature of his practice, Gavin Kealey often advises on issues of private international law: on issues of governing law, jurisdiction, anti-suit injunctions.  He is constantly involved in the important strategic and tactical decisions that need to be made on these issues which often directly or indirectly affect the outcome of any dispute.

Selected cases:

  • Masri v Consolidated Contractors International Company SAL [2011] All ER (D) 142 (Commercial Court), jurisdiction, stay, Articles 27 and 28 Council Regulation (EC) 44/2011

  • Tonicstar v American Home [2005] LRIR 32 (Commercial Court, Morison J.) anti-suit and anti-anti-suit injunctions and conflicts of laws in context of insurance.
  • Travelers Casualty V Sun Life [2004] LRIR 846 (Commercial Court) jurisdiction, conflict of laws.
  • DR Insurance v. Central National Ins. [1996] 1 Lloyd’s Rep. 74. Leading on issues of Private International law, Jurisdiction, Proper law, illegality.

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Judicial Decisions

Gavin Kealey is one the very few QC Deputy High Court Judges who has been assigned to the Commercial Court.  As a Deputy High Court Judge of the Commercial Court, he has decided the following significant cases:

Selected cases:

  • Assicurazioni Generali v CGU [2003] Lloyd’s Rep. IR 725 (probably now the leading case on follow settlements clauses - affirmed by the Court of Appeal).
  • National Westminster Bank PLC v Bilgin [2004] EWHC 2372 (Comm) (piercing the corporate veil, nominees & resulting trusts).
  • Mulchrone v Swiss Life (UK) Plc [2006] Lloyd’s Rep. IR 339 (liability insurance, third party rights).
  • Verizon v Swiftnet [2008] EWHC 551 (Comm) (telecommunications network dispute and forgeries).
  • Datasat v Swindon Town Football Club [2009] EWHC 859 (Comm.) (loans, investments, share sale).
  • Buyuk v Progress [2010] EWHC 442 (challenges for irregularity to maritime arbitration award, and permission to appeal).
  • NFU v HSBC [2010] EWHC 771 (double insurance).

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Energy & Natural Resources

Selected cases:

  • Representing Indonesian Insurers in insurance claim brought by Indonesian insureds concerning mine disaster: arbitration in Singapore (2011/2012)

  • Representing energy mutual in claim concerning oil platform collapse: arbitration in London governed by New York Law (2011) 

  • Representing international insurers in connection with proceedings in Australia concerning mining flood disaster (2011/2012)

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Shipping

Gavin Kealey's practice in Shipping has developed from a thriving junior's specialism into a leading silk's practice in which his experience and expertise are very much in demand in substantial cases both as Counsel and also as an Arbitrator.

Selected cases:

  • Buyuk v Progress [2010] EWHC 442 (challenges to maritime arbitration award) – Deputy High Court Judge.
  • Acting as arbitrator in charterparty disputes (2005 – present).
  • Representing a variety of shipowners in relation to shipbuilding disputes and charterparty disputes in arbitration – cancellation of contracts, instalments, repudiation (2008 – 9).
  • Golden Fleece Maritime v St Shipping [2008] 2 Lloyd's Rep 119 (Court of Appeal). Leading for shipowners in claim against time charterers concerning effect of change of International Regulations on Shipowners’ obligations under Shelltime 4 form.
  • Petroleum Oil & Gas Corp. of South Africa v FR8 [2009] 1 Lloyd's Rep 107 (Commercial Court, Steel J.).  Leading for Shipowners in claim under Shelltime 4 form.
  • Representing Norwegian oil rig owners in 2 month arbitration against rig builders (2005).
  • Glencore International A.G. (Marc Rich & Co. A.G.) v Portman and others (Court of Appeal) [1997] 1 Lloyd's Rep. 225. Leading for (Glencore) the insured in marine insurance trial and in the Court of Appeal against Lloyd's underwriters: issues of charterparty terms, demurrage and insurance.
  • Tharros Shipping Co. v. Bias Shipping Co. [1997] 1 Lloyd’s Rep. 426.  Leading for non-party at first instance and in the Court of Appeal on issue of liability of a non-party for costs in context of shipping dispute.
  • Pendennis Shipyard v Magrathea [1998] 1 Lloyd’s Rep. 315. Lliability of third party for litigation costs in the context of shipping dispute.

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In the Directories

 

  • "unflappable” and "charming”   Chambers & Partners 2011
  • "Wonderful to listen to when in full flow”   Chambers & Partner 2011
  • "Great fun to work with” and exhibits "an impressive grasp of the facts and a creative legal mind”   Chambers & Partners 2011
  • "one of the best cross-examiners in the business" Legal 500 2011

  • "a very good advocate and cross-examiner"  Legal 500 2011

  • Gavin Kealey QC is “great for arbitration” – “a terrific advocate with real flair.”  Legal 500 2010
  • judges listen to” the “fantastically experienced” Gavin Kealey QC.  Legal 500 2010
  • “A flamboyant advocate with a really sharp mind.”  Legal 500 2010
  • Gavin Kealey Q.C. who recently represented successful shareholders in share sale disputes before the Privy Council.  He is acknowledged as being “able to put on the most compelling performances in court.”  Chambers & Partners 2010
  • Gavin Kealey Q.C. comes recommended as “an extraordinarily bright silk who is full of ideas and confident.”  His big-ticket track record of recent insurance cases has included representing Lloyd’s underwriters and company insurers in a complex professional indemnity insurance trial and five-day appeal involving tax avoidance schemes  Chambers & Partners 2010
  • Gavin Kealey Q.C. has an international practice and leans more towards commercial disputes and covers the spectrum of commercial sectors.  According to insterviewees, he is “everything an arbitration practitioner should be.”  Chambers & Partners 2010
  • Head of Chambers, Gavin Kealey Q.C. is “steeped in re-insurance law”, and led in the appellate case of Limit (No 2) v Axa.  [He] acted for insurers in an arbitration involving contractual disputes governed by Mexican law.  Legal 500 2009
  • Gavin Kealey Q.C. is a “supremely talented practitioner” who enjoys a full litigation and arbitration practice both at home and abroad.  Chambers & Partners 2009
  • The “sophisticated” Gavin Kealey Q.C. “About as entertaining an advocate as you can get” he is “witty and carries an underlying sense of danger if you are pitted against him.”  He has a respected banking and energy practice, and recently led on Shell v Acergy, a pipeline case concerning North Sea gas contracts.  Chambers & Partners 2009
  • Gavin Kealey Q.C. who “makes a very direct and realistic assessment of the merits of the position being advanced.”  Legal 500 2008
  • The “charming” Gavin Kealey Q.C. is a “fierce cross examiner.”  Legal 500 2008
  • Gavin Kealey Q.C. is highly regarded by interviewees, who find him “easy to work with” and knowledgeable.  [He] is comfortably [7KBW’s] best-known name in insurance disputes.  Chambers & Partners 2008
  • Gavin Kealey Q.C. is a competent and esteemed performer in commercial litigation emanating from contractual disputes, sports law, shipping and oil and gas issues.  He has represented Sun Life Financial of Canada in a two-month High Court trial and EDF Energy in its employment dispute with a former chief executive.  Chambers & Partners 2007
  • “Technically brilliant” and “ferociously clever”, Gavin Kealey Q.C. maintained his dominance in the market by leading the first, and most significant, Pender action.  A “flamboyant, often unpredictable performer”, he’s seen as the ideal choice “when you need a real personality.”  Chambers & Partners 2007
  • Gavin Kealey Q.C., the leading name [in 7KBW] represent[ed] the Rugby Football Union in its dispute with the Premiership clubs.  Legal 500 2007
  • Chief among the leaders is “user-friendly and extremely bright” Gavin Kealey QC, “a strong advocate and excellent tactician.”  Legal 500 2006