Charles Priday specialises in all areas of commercial law, with a particular emphasis on shipping, shipbuilding, sale and carriage of goods, insurance, all aspects of international trade including banking, as well as general contractual disputes.  He undertakes advisory work, including advising commercial clients on a direct access basis.  He appears as advocate in arbitrations (both domestic and international) and before the High Court, Court of Appeal and Supreme Court (House of Lords). 

Charles Priday also accepts appointment as arbitrator, particularly in London Maritime Arbitrators Association disputes.

He is a supporting member of the LMAA and a former secretary to the Commercial Bar Association.

BA Oxon (double First).  Scholar of University College Oxford.  Middle Temple exhibitioner.

French

• Shipping
• Commodities
• Sale of Goods
• Jurisdiction/Conflicts of Laws
• Banking and Finance
• Arbitration
• Agency
• Aerospace & Aviation
• General Commercial Disputes
• Injunctions & Arrests
• European Law
• International Trade
• Insurance & Reinsurance

"In a league of his own,” Charles Priday is an outstanding junior with immense experience of shipping disputes. He is widely rated for his advocacy skills. As one impressed interviewee reports, “when you watch him in court, you just sit back and know there is magic happening.” Over the past year, he has acted in many arbitrations specifically regarding time charter and shipbuilding disputes. (Chambers UK 2012)

Charles Priday is in the highest rank of Leading Juniors in Shipping (Legal 500 2009).
“Well respected” Charles Priday “is a very well-known advocate who can turn his hand to any kind of shipping work at all”  (Chambers & Partners 2010).

In addition to advocacy at all levels, Charles Priday provides advice and assistance in every kind of shipping dispute, spanning carriage of goods and charterparty cases, shipbuilding, ship sales, groundings and collisions. He will assist in drafting and contractual negotiation; for example, he has been involved in the drafting of the Rules of a major international P&I Club and the standard terms of sale of an oil major.

Charles often provides expert evidence on English shipping law for foreign proceedings.

Selected cases:

• Glory Wealth Shipping Pte Ltd v Korea Line Corporation (The "Wren") [2011] 2 Lloyd's Rep. 370  [2011] EWHC 1819 (Comm). Charles Priday acted for the appellant charterers in this successful appeal to the Commercial Court from an arbitration award.
  Time Charterparty – Charterers’ premature redelivery – assessment of damages in circumstances where no available market at date of termination.
• Imt Shipping and Chartering GMBH v Chansung Shipping Co Ltd (THE “Zenovia”)  [2009] 2 Lloyd's Rep. 139.   Commercial Court decision on the effect of redelivery notices under time charters.
• Golden President Shipping Corporation v Bocimar NV (THE “Channel Alliance”) [2008] 1 Lloyd's Rep. 428. Commercial Court decision on the effect of a time charter profit-sharing clause.
• Papera Traders Co. Ltd. and Others v Hyundai Merchant Marine Co. Ltd. and Another (The"Eurasian Dream")  [2002] 1 Lloyd’s Rep. 719.  Leading case on liability for fire on board ships and on issues of unseaworthiness.
• A/S Iverans Rederi v KGMS Holstencruiser (The Holstencruiser) [1992] 2 Lloyd’s Rep.378  Leading case on the effect of the New York Produce Exchange Inter Club Agreement
• Oceanfocus Shipping v Hyundai MM (The Hawk) [1999] 1 Lloyd’s Rep.176  Leading case on the effect of the New York Produce Exchange Inter Club Agreement
• Galaxy Energy v Novorossoysk Shipping (The Petr Shmidt) [1998] 2 Lloyd’s Rep 1 : Court of Appeal decision on the law of laytime and the effect of “office hours” clauses.
• Ta Shipping v Comet Shipping (The Agamemnon) [1998] 1 Lloyd’s Rep. 675 : leading decision on the invalidity of “inchoate” Notices of Readiness.
• Bulk Transport Group v Seacrystal Shipping (The Kyzicos) [1989] 1 Lloyd's Rep. 1.  House of Lords decision, leading case on commencement of laytime.
• "ERIKA" Litigation in connection with a pollution disaster.

Recent Arbitrations:

• Many disputes arising out of recent collapse in shipping market.
• Substantial time charter dispute on liability for groundings in the Mississippi.
• Substantial shipbuilding dispute requiring expedited arbitration procedure.
• Multi-vessel shipbuilding disputes.
• Disputes concerning hold cleaning, hull fouling, engine/machinery breakdowns and bunker quality.
• Multi-million dollar disputes concerning the quantification of damages for breach of charter and breach of shipbuilding contracts.
• Substantial and long-running dispute concerning multiple defects in a cruise liner.

Charles Priday is in the highest rank of Leading Juniors in Commodities (Legal 500 2009).  He not only acts as advocate in arbitrations and Court proceedings concerning commodities, but he also provides advisory and drafting services; he has drafted the standard terms of sale of an oil major, as well as terms of business for the second largest conglomerate in South Korea.

Selected cases:

• Substantial international arbitrations concerning (a) the effect of European Community regulations on the world banana trade and (b) a major oil/sugar barter contract involving a foreign state-owned trading organisation.
  

Charles Priday regularly handles major litigation in the field of carriage and storage of goods.  Although he advises on transport by air and rail, it is particularly in the field on national and international carriage by road that he is known.  He is regarded as one of the Bar’s foremost experts on the CMR Convention, having acted in many of the leading cases on such issues as wilful misconduct.

Selected cases:

• Datec Electronic Holdings Ltd v UPS [2007] 2 Lloyd’s Rep. 117.  House of Lords decision on the effect of UPS terms prohibiting the shipment of dangerous goods, wilful misconduct and the circumstances in which the Court of Appeal can overturn the trial judge’s findings of fact.
• Matrix Europe Ltd v Uniserve Northern Ltd [2009] 1 Lloyd’s Law Reports Plus 82.  London Mercantile Court decision on warehouseman and forwarder liabilities for stolen goods, BIFA terms.
• National Semiconductors (UK) Ltd v UPS [1996] 2 Lloyd’s Rep. 212.  Leading Commercial Court decision on wilful misconduct in CMR.
• Quantum Corporation v Plane Trucking [2001] 2 Lloyd’s Rep. 133.  Commercial Court decision on interrelationship of CMR and Warsaw Conventions (subsequently in the Court of Appeal at [2002] 2 Lloyd’s Rep. 25).
• London Tobacco (Overseas) Ltd v  DFDS and Sun Alliance [1993] 2 Lloyd’s Rep. 306.  Court of Appeal decision on hauliers’ liability insurance and theft of cigarettes.

Charles Priday regularly advises on and litigates issues of jurisdiction and conflicts of laws.

Selected cases:

• The Maciej Rataj [1992] 2 Lloyd’s Rep. 552  Important Court of Appeal (later European Court) decision on 1968 Brussels Convention on ‘lis alibi pendens’.
• The Deichland [1988] 2 Lloyd’s Rep. 454.  Leading case on the application of Civil Jurisdiction and Judgment Act 1982 and the 1968 Brussels Convention to Admiralty proceedings.
• ST Shipping v Vyzantio Shipping  [2005] 1 Lloyd’s Rep. 531.  Classic jurisdiction dispute in Commercial Court.

Charles Priday regularly advises on issues arising in the banking and financial sectors.

Selected cases:

• Unreported Commercial court decision on the UCP and the requirement for “original” documents.
• Substantial international banking dispute involving foreign State and numerous banks, concerning fraudulent telex payment instructions; case settled during trial.
• Tufton Associates v Dilmun [1992] 1 Lloyd’s Rep. 71; Commercial Court decision on ship-finance dispute: acted for successful Plaintiffs.

Many, if not most, of Charles Priday’s recent cases have been in arbitration.  He undertakes both LMAA, domestic and international arbitration work, as well as frequently conducting appeals and challenges under the Arbitration Act 1996.  He advises regularly on international dispute resolution.

Selected cases:

• Many disputes arising out of recent collapse in shipping market.
• Substantial time charter dispute on liability for groundings in the Mississippi.
• Substantial shipbuilding dispute requiring expedited arbitration procedure.
• Multi-vessel shipbuilding disputes.
• Disputes concerning hold cleaning, hull fouling, engine/machinery breakdowns and bunker quality.
• Multi-million dollar disputes concerning the quantification of damages for breach of charter and breach of shipbuilding contracts.
• Substantial and long-running dispute concerning multiple defects in a cruise liner.
• Substantial international arbitrations concerning (a) the effect of European Community regulations on the world banana trade and (b) a major oil/sugar barter contract involving a foreign state-owned trading organisation.

Many of the disputes on which Charles Priday advises, or which he conducts as advocate, involve issues of agency law.  For example, he has recently acted in a dispute concerning a tortious claim against ship managers.

Selected cases:

• Roadworks v Charman [1994] 2 Lloyd’s Rep. 99: leading Commercial Court decision on the effect of the Leading Underwriter Clause and the agency of leading underwriters and the following market
  

Charles Priday advises on and litigates aviation disputes, often in connection with the Warsaw (and related) Conventions.

Selected cases:

• Quantum Corporation v Plane Trucking [2001] 2 Lloyd’s Rep. 133.  Commercial Court decision on interrelationship of CMR and Warsaw Conventions (subsequently in the Court of Appeal at [2002] 2 Lloyd’s Rep. 25).
  

Charles Priday advises and acts as advocate in a broad spectrum of commercial disputes.

Charles Priday regularly handles disputes involving consideration of injunctions, both substantive and to restrain foreign proceedings, also freezing orders.  These disputes often involve complex jurisdictional issues and the application of European Conventions.

Selected cases:

• The Maciej Rataj [1992] 2 Lloyd’s Rep. 552.  Important Court of Appeal (later European Court) decision on 1968 Brussels Convention on ‘lis alibi pendens’.
• The Deichland [1988] 2 Lloyd’s Rep. 454.  Leading case on the application of Civil Jurisdiction and Judgment Act 1982 and the 1968 Brussels Convention to Admiralty proceedings.
• ST Shipping v Vyzantio Shipping [2005] 1 Lloyd’s Rep. 531.  Classic jurisdiction dispute in Commercial Court.        

Charles Priday advises on the many European Conventions (and related English legislations) which impact on international commercial litigation.

Selected cases:

• The Maciej Rataj [1992] 2 Lloyd’s Rep. 552  Important Court of Appeal (later European Court) decision on 1968 Brussels Convention on ‘lis alibi pendens’.
• The Deichland [1988] 2 Lloyd’s Rep. 454.  Leading case on the application of Civil Jurisdiction and Judgment Act 1982 and the 1968 Brussels Convention to Admiralty proceedings.

Charles Priday regularly acts in disputes concerning all aspects of international trade.  He also provides advice in a non-contentious context, for example in drafting contracts and commercial strategy.

Charles Priday regularly advises on insurance issues, particularly in relation to marine insurance of vessels, yachts and cargoes.  He regularly advises on the effect and enforcement of P&I Club Rules. He has been involved in the drafting of the Rules of a major international P&I Club. He advises and litigates in other fields of insurance, for example ‘cash in transit’ and liability cover.

Selected cases:

• Marc Rich -v- Portman [1997] 1 Lloyd’s Rep. 225: Court of Appeal decision on Charterers’ Liability Insurance, non-disclosure of loss history, duty of utmost good faith; acted for successful Lloyd’s underwriters.
• Roadworks -v- Charman [1994] 2 Lloyd’s Rep. 99: leading Commercial Court decision on the effect of the Leading Underwriter Clause; acted for the Defendant underwriters.

The Legal 500:

• Charles Priday “is ‘absolutely first rate’ and is rated for his authority and experience”.
• Charles Priday is in the highest rank of Leading Juniors in Shipping.
• Charles Priday is in the highest rank of Leading Juniors in Commodities.

Chambers & Partners:

• "In a league of his own,” Charles Priday is an outstanding junior with immense experience of shipping disputes. He is widely rated for his advocacy skills. As one impressed interviewee reports, “when you watch him in court, you just sit back and know there is magic happening.” Over the past year, he has acted in many arbitrations specifically regarding time charter and shipbuilding disputes. 2012
•  "knows all the points in any given case”2011
• “Well respected” Charles Priday “is a very well-known advocate who can turn his hand to any kind of shipping work at all”. 2010
•  He is “effectively regarded as a silk by most”. 2009
• "7KBW has “juniors of the calibre of Charles Priday [who] handles commercial maritime, sale of goods, commodities and international trade instructions.""
• "Popularly described as ‘one of the best of the bunch’, his ‘affable and easy-going demeanour’ is said to mask an ‘exceptionally sharp mind which can master all the evidence quickly.’" 2008
• Charles Priday “is a ‘very able practitioner and very pleasant to work with’. His practice covers all aspects of common law with a particular focus on shipping and international trade.”2007