A junior to watch. Displaying "a promising youthful zip and great intelligence".
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Jessica Sutherland


Year of Call: 2003

email: jsutherland@7kbw.co.uk


Jessica has been a tenant at 7KBW since October 2004 following the completion of her pupillage.

Jessica’s experience also includes 3 months working in the Insurance and Reinsurance Industry Group at Mayer Brown International LLP and a month in the Shipping Group at Reed Smith LLP.

Jessica specialises in all areas of commercial litigation and arbitration with particular emphasis on insurance, reinsurance, professional negligence (principally insurance brokers and solicitors), shipping, international trade, private international law and general commercial disputes.

Jessica has acted in a wide spectrum of cases of, both on her own and as a junior, and has experience of working closely with solicitors, clients, witnesses and experts on large-scale, complex commercial disputes.


Downing College, Cambridge: MA in law, first class (2001)

Downing College, Cambridge: LLM, first class (2002)

During her time at Cambridge Jessica was awarded a number of law scholarships and prizes by the University and Downing College: the Norton Rose prize for best performance in Commercial Law; the Rebecca Flower law Scholarship; Downing College Tripos Prizes; Downing College Senior Harris Scholarship and Wright Rogers Scholarship.

Middle Temple/Inns of Court School of Law, London (2002)

Jessica was awarded a Queen Mother Scholarship and Harmsworth Entrance Exhibition by Middle Temple.

Jessica Sutherland specialises in the following areas:


Insurance & Reinsurance


Selected cases:

  • CNA Insurance Company Limited and others v. Willis Limited: Jessica acted for the Defendant in respect of substantial claims arising out of the PA LMX and Occupational Accident reinsurance markets in the 1990s.
  • A Bermuda Form arbitration involving a US$140 million claim by a US telecommunications company against its D&O insurers arising out of securities litigation in the United States.
  • Jessica recently acted for reinsurers in relation to claims brought by an American pharmaceutical company (and its captive insurer) as a result of proceedings brought by patients in the United States.
  • Jessica is currently acting for the excess liability insurers of an American gas and electricity company in relation to claims arising as a result of the California wild fires of 2007. 

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Shipping


Jessica is currently acting for disponent owners in a shipping arbitration involving various issues arising from the alleged repudiation of a long-term charterparty.

Selected cases:

  • Churchgate Nigeria Ltd v Pace Shipping Co Ltd [2008] EWHC 1619 (Comm) (Beatson J): together with Timothy Brenton QC, Jessica acted for the Claimant in its successful appeal from a partial arbitration award pursuant to section 69 of the Arbitration Act 1996. The appeal concerned the interpretation of sections 2(2) and 2(4) of the Carriage of Goods by Sea Act 1992 and issues of contractual and proprietary title to sue.  
  • Pace Shipping Co Ltd (Malta) v Churchgate Nigeria Ltd (Nigeria) [2010] 1 Lloyd’s Rep 183 (Teare J): Jessica and Simon Picken QC successfully defended applications made by the Claimant pursuant to sections 68, 69 and 70 of the Arbitration Act 1996. The appeal concerned the construction of section 2(2)(a) of the Carriage of Goods by Sea Act 1992 (CoGSA 92). The case is one of the few authorities on the interpretation of this section.
  • Steamship Mutual Underwriting Association (Bermuda) Limited v Sulpicio Lines [2008] EWHC 914 (Comm) (Walker J): Jessica acted for the Claimant, successfully obtaining a permanent anti suit injunction in support of English arbitration proceedings. The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981. The Court endorsed the approach of the Court of Appeal in Welex AG v Rosa Maritime Limited (“The Epsilon Rosa”) [2003] 2 Lloyd’s Rep 509 and the Commercial Court in Vale Do Rio Doce Navegacao S.A and another v Shanghai Bao Steel Ocean Shipping Co Ltd and another [2000] 2 Lloyd’s Rep.

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Professional Negligence


Selected cases:

  • Allied Dunbar v TUIC and Willis: Jessica is currently acting for an insurance broker in relation to a dispute arising out of the PIA/FSA review of FSAVC and endowment products in early 2000.
  • CNA Insurance Company Limited and others v. Willis Limited: Jessica acted for the Defendant in respect of substantial claims arising out of the PA LMX and Occupational Accident reinsurance markets in the 1990s.
  • The Law Society of England and Wales and others v Margaret Jean Compton and others: Jessica acted  in multi party litigation involving subrogated claims against the former partners of various solicitors firms pursuant to the Solicitors Act 1974.
  • Newline Corporate Name Limtied v Morgan Cole (a firm) (2007) EWHC 1628 (Comm) (Simon J): together with Christopher Butcher QC Jessica acted for the Claimants in a claim against their former solicitors.
  • Normhurst Limited and others v Wilkinson Rogers Limited: Jessica acted for the Defendant. The case concerned allegations of negligence, non-disclosure and misrepresentation.

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Private International Law


Selected cases:

  • ED & F Man Sugar Ltd v Lendoudis [2007] 2 Lloyd’s Rep 579 (Clarke J): Jessica acted for the Defendant. The case concerned the enforcement of a Greek Judgment which was said to have recognised an English Arbitration Award. Issues covered included: the scope of the Judgments Regulation and Brussels Convention, enforcement at common law, service out of the jurisdiction and whether permission ought to be granted to amend a claim form after the expiry of the limitation period.

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General Commercial Disputes


Selected cases:

  • Macquarie Internationale Investments Ltd v Glencore UK Ltd [2009] EWHC 2267 (Comm) (Andrew Smith J). Together with Richard Southern QC, Jessica acted for the Defendant in a breach of warranty claim arising out of a share sale and purchase agreement for the sale of a UK gas retail business; the claim was successfully defended. The case considers the concept of “true and fair” in the context of financial statements and warranties in a mergers and acquisitions case. 

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Arbitration


Selected cases:

  • A Bermuda Form arbitration involving a US$140 million claim by a US telecommunications company against its D&O insurers arising out of securities litigation in the United States.
  • Jessica recently acted for reinsurers in relation to claims brought by an American pharmaceutical company (and its captive insurer) as a result of proceedings brought by patients in the United States.
  • Jessica is currently acting for the excess liability insurers of an American gas and electricity company in relation to claims arising as a result of the California wild fires of 2007.
  • Pace Shipping Co Ltd (Malta) v Churchgate Nigeria Ltd (Nigeria) [2010] 1 Lloyd’s Rep 183 (Teare J): Jessica and Simon Picken QC successfully defended applications made by the Claimant pursuant to sections 68, 69 and 70 of the Arbitration Act 1996. The appeal concerned the construction of section 2(2)(a) of the Carriage of Goods by Sea Act 1992 (CoGSA 92). The case is one of the few authorities on the interpretation of this section.
  • Churchgate Nigeria Ltd v Pace Shipping Co Ltd [2008] EWHC 1619 (Comm) (Beatson J): together with Timothy Brenton QC, Jessica acted for the Claimant in its successful appeal from a partial arbitration award pursuant to section 69 of the Arbitration Act 1996. The appeal concerned the interpretation of sections 2(2) and 2(4) of the Carriage of Goods by Sea Act 1992 and issues of contractual and proprietary title to sue. 
  • ED & F Man Sugar Ltd v Lendoudis [2007] 2 Lloyd’s Rep 579 (Clarke J): Jessica acted for the Defendant. The case concerned the enforcement of a Greek Judgment which was said to have recognised an English Arbitration Award. Issues covered included: the scope of the Judgments Regulation and Brussels Convention, enforcement at common law, service out of the jurisdiction and whether permission ought to be granted to amend a claim form after the expiry of the limitation period.
  • Steamship Mutual Underwriting Association (Bermuda) Limited v Sulpicio Lines [2008] EWHC 914 (Comm) (Walker J): Jessica acted for the Claimant, successfully obtaining a permanent anti suit injunction in support of English arbitration proceedings. The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981. The Court endorsed the approach of the Court of Appeal in Welex AG v Rosa Maritime Limited (“The Epsilon Rosa”) [2003] 2 Lloyd’s Rep 509 and the Commercial Court in Vale Do Rio Doce Navegacao S.A and another v Shanghai Bao Steel Ocean Shipping Co Ltd and another [2000] 2 Lloyd’s Rep.

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Carriage of Goods


Selected cases:

  • Pace Shipping Co Ltd (Malta) v Churchgate Nigeria Ltd (Nigeria) [2010] 1 Lloyd’s Rep 183 (Teare J): Jessica and Simon Picken QC successfully defended applications made by the Claimant pursuant to sections 68, 69 and 70 of the Arbitration Act 1996. The appeal concerned the construction of section 2(2)(a) of the Carriage of Goods by Sea Act 1992 (CoGSA 92). The case is one of the few authorities on the interpretation of this section.
  • Churchgate Nigeria Ltd v Pace Shipping Co Ltd [2008] EWHC 1619 (Comm) (Beatson J): together with Timothy Brenton QC, Jessica acted for the Claimant in its successful appeal from a partial arbitration award pursuant to section 69 of the Arbitration Act 1996. The appeal concerned the interpretation of sections 2(2) and 2(4) of the Carriage of Goods by Sea Act 1992 and issues of contractual and proprietary title to sue. 

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Jurisdiction/Conflicts of Laws


Selected cases:

  • ED & F Man Sugar Ltd v Lendoudis [2007] 2 Lloyd’s Rep 579 (Clarke J): Jessica acted for the Defendant. The case concerned the enforcement of a Greek Judgment which was said to have recognised an English Arbitration Award. Issues covered included: the scope of the Judgments Regulation and Brussels Convention, enforcement at common law, service out of the jurisdiction and whether permission ought to be granted to amend a claim form after the expiry of the limitation period.

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In the Directories


Jessica Sutherland joins the rankings as a junior to watch. Displaying a "promising youthful zip and great intelligence," she has recently been defending reinsurers in claims for losses suffered after the 2007 California brush fires. Chambers UK 2012


Jessica is one of the co-authors of the forthcoming Carver on Charterparties (Sweet & Maxwell)