Noel Casey is a barrister specialising in all areas of commercial law.

Recently, Noel has been involved in a number of high-profile cases in the Commercial Court. He was instructed in the long-running Masri litigation. He acted on behalf of the Claimants in an insurance coverage dispute arising out of the “Toxic Sofas” group litigation (reportedly the largest consumer group litigation in British legal history). He also acted on behalf of the Defendant yacht brokers, Edmiston & Co, in their dispute with Boris Berezovsky over the sale of a superyacht for €240,000,000.

Noel is frequently instructed in commercial arbitrations, particularly disputes under charterparties and contracts for the construction of ships and yachts. He also has experience of dealing with jurisdictional issues.

Before coming to the Bar, Noel qualified as a Chartered Accountant and spent six years working at PricewaterhouseCoopers in its financial services division. As a consequence, he has an understanding of the mechanics of business and the commercial dimensions of legal disputes.

Noel studied English at Worcester College, Oxford.

He joined PricewaterhouseCoopers in 1997, where he qualified as a Chartered Accountant. He spent six years at PwC, working in the financial services division.

Between 2003 and 2005, Noel studied at the College of Law. He was called to the Bar in 2005.

• Shipping
• Insurance & Reinsurance
• Professional Negligence
• Private International Law

Selected cases:

• Noel is instructed in a dispute currently before the High Court arising out of a series of forward freight agreements.
• Noel is also acting in an arbitration arising out of the construction contract for a substantial luxury yacht.
• Berezovsky v Edmiston & Company [2010] EWHC 1883. Noel acted for Edmiston & Co. Edmiston & Co had been instructed by Mr Berezovsky to act as brokers on the sale of a luxury yacht, the Darius. In the event, the yacht was sold for €240,000,000. The question before the Court was whether or not Edmiston & Co were entitled to commission on the sale. Mr Justice Field held that they were. Noel was led by Stephen Hofmeyr Q.C., but dealt with interlocutory matters on his own (successfully resisting a joinder application and an adjournment application). 
• Noel was instructed as junior counsel in an arbitration under a charterparty on an amended BHPTIME form. This reference involved issues of construction and estoppel by convention.
• Noel acted as junior counsel for the claimants in a shipbuilding arbitration. The question before the arbitrators was whether or not the buyers of a new-build vessel were entitled to cancel the shipbuilding contract for delay. 
• Noel acted for the claimant in an arbitration under the rules of the Mediterranean Yacht Brokers’ Association. The reference centred on allegations of misrepresentation. 
• The Eternity [2009] 1 Lloyd’s Rep 107. Noel was instructed as junior to Gavin Kealey QC in this case which involved a consideration of: the effect of the incorporation of the Hague-Visby Rules into a charterparty on the BP Voy form; and the operation of the demurrage provisions in that form.  
• Noel was instructed as junior counsel in a two and a half week LMAA arbitration between a P&I Club and one of its members.

Selected cases:

• Horwood v Land of Leather [2010] Lloyd’s Rep. I.R. 453. Noel acted (led by Stephen Hofmeyr Q.C.) for the Claimants in an insurance coverage dispute arising out of the “Toxic Sofa” litigation. The issues before the Court included: the proper construction of a settlement agreement; whether or not that settlement agreement was supported by good consideration; and the extent of an insured’s duty to protect his insurer’s rights of subrogation. 
• Noel was instructed in a substantial London Market insurance arbitration about the proper calculation of an insured’s loss under an all risks property and business interruption policy.

The current edition of the Legal 500 describes Noel as “a junior to watch” in the field of professional negligence.

Selected cases:

• Noel acted for an insurance broker alleged to have been negligent in the advice it gave to its client in the course of arranging a combined commercial insurance policy. The case involved issues of underinsurance and the application of average. 
• Noel has acted for and against solicitors in claims brought by former clients.
  

Selected cases:

• Masri v Consolidated Contractors International Company SAL [2011] E.W.H.C 1780 (Comm). Noel was instructed to appear (as junior counsel) at a jurisdiction hearing in the long-running Masri litigation.
• Noel has been involved in a number of arbitrations in which the jurisdiction of the arbitral tribunal was in issue.  
• He was also instructed to assist in the preparation for the appeal to the House of Lords in Fiona Trust v Privalov [2007] U.K.H.L. 40, a case which involved consideration of the proper construction of arbitration and jurisdiction clauses and the principle of the separability of arbitration clauses..
  

• a junior to watch.  Legal 500 2010