an immensely persuasive and smooth advocate
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Practice Profile
General Information
Areas of Practice
In the Directories
Reported Cases



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Rebecca Sabben-Clare QC


Year of Call: 1993
Year of Silk: 2012

email: rsabbenclare@7kbw.co.uk


Practice Profile



Rebecca Sabben-Clare specialises in commercial law.  Her fields of practice include insurance and reinsurance, shipping, conflicts of law, professional negligence, civil fraud and arbitration.

Rebecca is listed as a leading junior in successive editions of Chambers & Partners (commercial dispute resolution and insurance) and the Legal 500 (commercial litigation). She is described as “extremely good” and wins particular praise for her “charming, tremendously poised advocacy”.

Rebecca’s recent cases include a Bermuda law reinsurance arbitration and other insurance and reinsurance arbitrations, an on-going action concerning a share sale and purchase agreement, several shipping matters and acting for William Hill in an action concerning bookmakers’ duties of care.

Rebecca is a member of the Executive Committee of COMBAR.


General Information



M.A. (Oxon).

Scholar, New College Oxford

Grays Inn Senior and Junior Scholarships

Areas of Practice


Rebecca Sabben-Clare QC specialises in the following areas:


General Commercial Disputes


Rebecca is listed as a leading junior in successive editions of Chambers & Partners (commercial dispute resolution and insurance) and the Legal 500 (commercial litigation). She is described as “extremely good” and wins particular praise for her “charming, tremendously poised advocacy”.

Selected cases:

  • Graham Calvert v. William Hill Credit Limited [2008] EWHC 455 – Bookmakers’ duties of care in relation to “self-exclusion”.
  • BBC Worldwide Ltd v. Bee Load Ltd [2007] EWHC 134 – Construction of contracts for potential exploitation of archive recordings.
  • Warner Chappell v. Bolton – Action against singer/songwriter brought by insurers following breach of copyright action. Liability under contract.

 


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Insurance & Reinsurance


Selected cases:

  • Orient-Express Hotels Limited -v-  Assicurazioni Generali SPA t/a Generali Global Risk [2010] Lloyd's Rep. IR 531 - business interruption arbitration involving the impact of Hurricanes Katrina and Rita on the New Orleans luxury hotel industry.
  • Markel Capital Ltd -v- Gothaer Allgemeine Versicherung Ag And Another [2009] Lloyd's Rep. IR 433 - Reinsurance — Directors’ and officers’ cover — Whether claims cooperation clause incorporated into reinsurance agreement — Whether reinsureds in breach of clause — Summary judgment.
  • Mopani Copper Mines Plc –v- Millennium Underwriting Ltd [2009] Lloyd's Rep IR 158 - Reinsurance  - Slip scratched for Construction/Erection and Operational Risks - Condition for extension of coverage running from date of commissioning of final building and for operational risks inserted subject to approval by reinsurers - Condition later agreed with deletion of cover for operational risks
  • Absalom -v- TCRU [2006] 2 Lloyd's Rep. 129 a series of disputes concerning payment of brokerage on personal accident and medical accident business
  • Hollywood 4 and 5 – Film finance insurance litigation.
  • The Metro Litigation – Recovery and insurance actions arising from collapse of oil trading company.
  • Somatra v. Sinclair Roche & Temperley [2003] EWCA.1474 – Solicitors’ negligence action concerning conduct of a marine insurance claim.
  • "Elena G" Decorum Investments Ltd. -v- Atkin [2001] 2 Lloyd's Rep. 378 - Insurance (Marine) - Non-disclosure - Total loss of vessel - Insurers alleged failure to disclose connection with Russian magnate - Enhanced risk to vessel
  • The "Starsea” [2001] 1 Lloyd’s Rep. 389 –  Scope of duty of utmost good faith at the claims stage and effect of s.39(5) of the Marine Insurance Act 1906 (House of Lords).
  • D.P. Mann v. Lexington [2001] 1 Lloyd’s Rep.1 – Reinsurance, aggregation of claims.
  • Prentis Donegan & Partners Ltd. –v- Leeds & Leeds Co. Inc.  [1998] 2 Lloyd's Rep. 326 - Insurance (Marine) - Insurance broker - Agency
  • American Centennial Insurance Co. -v- Insco Ltd. [1996] LRLR 407 - Reinsurance - Excess of loss - Aggregation of claims - Reinsurance in respect of directors, officers and employees of savings and loan institution - Savings institution collapsed - Alleged negligence against officers and directors - Insurers settled claims and claimed against reinsurers

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Shipping


Selected cases:

  • The “Northgate” [2008] 1 Lloyd’s Rep. 24 – Construction of charterparty laytime/demurrage provisions; waiver and estoppel.
  • "Darfur" Blue Nile Shipping Company Ltd. And Another -v- Iguana Shipping And Finance Inc. And Others [2004] 2 Lloyd's Rep. 469 - Limitation of liability - Collision in River Seine - Time-charterers of colliding vessel bringing action against owners of vessel - Vessel owners bringing limitation action and constituting limitation fund
  • "Dynamic" Ocean Marine Navigation Limited –v- Koch Carbon Inc. [2003] 2 Lloyd's Rep. 693 - Charter-party (Time) - Redelivery - Hire - Vessel arrested by charterers - Whether hire continued to be payable - Whether charterers in repudiatory breach of contract in redelivering vessel - Owners not accepting repudiation - Whether owners bound to accept charterers’ repudiation and sue for damages - Whether owners were entitled to recover damages for repudiatory breach equivalent to the hire for the period of the arrest.
  • "Elena G" Decorum Investments Ltd. -v- Atkin [2001] 2 Lloyd's Rep. 378 - Insurance (Marine) - Non-disclosure - Total loss of vessel - Insurers alleged failure to disclose connection with Russian magnate - Enhanced risk to vessel
  • The "Starsea” [2001] 1 Lloyd’s Rep. 389 –  Scope of duty of utmost good faith at the claims stage and effect of s.39(5) of the Marine Insurance Act 1906 (House of Lords).
  • "Happy Fellow" [1998] 1 Lloyd's Rep. 13 - Admiralty practice - Limitation fund - Stay of action - Collision between plaintiffs’ and defendants’ vessels near the mouth of the Seine - Action brought in France - Plaintiffs purported to constitute limitation fund in England
  • "Hill Harmony"  Whistler International Ltd. -v- Kawasaki Kisen Kaisha Ltd.; Kawasaki Kisen Kaisha Ltd. -v- Tokai Shipping Co. Ltd. [1998] 2 Lloyd's Rep. 367 - Charter-party (Time) - Employment - Navigation - Charterers ordered vessel to follow great circle route - Master disregarded orders and followed more southerly route - Voyage took longer and more bunkers consumed

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Admiralty


Selected cases:

  • "Happy Fellow" [1998] 1 Lloyd's Rep. 13 - Admiralty practice - Limitation fund - Stay of action - Collision between plaintiffs’ and defendants’ vessels near the mouth of the Seine - Action brought in France - Plaintiffs purported to constitute limitation fund in England
  • "Darfur" Blue Nile Shipping Company Ltd. And Another -v- Iguana Shipping And Finance Inc. And Others [2004] 2 Lloyd's Rep. 469 - Admiralty Practice - Limitation of liability - Collision in River Seine - Time-charterers of colliding vessel bringing action against owners of vessel - Vessel owners bringing limitation action and constituting limitation fund

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Carriage of Goods


Selected cases:

  • Cert Plc -v- George Hammond Plc [1999] 2 All ER (Comm) 976 - Carriers – Contract – Carriage of goods – Claimant storing alcoholic drinks in bond – Consignment sub-contracted to defendant carriers

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Professional Negligence


Selected cases:

  • Absalom -v- TCRU [2006] 2 Lloyd's Rep. 129 a series of disputes concerning payment of brokerage on personal accident and medical accident business
  • Somatra v. Sinclair Roche & Temperley [2003] EWCA.1474 – Solicitors’ negligence action concerning conduct of a marine insurance claim.

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Injunctions & Arrests


Selected cases:

  • Youell v. Kara Mara Shipping Co. [2000] 2 Lloyd’s Rep. 102– Anti-suit injunction
  • "Happy Fellow" [1998] 1 Lloyd's Rep. 13 - Admiralty practice - Limitation fund - Stay of action - Collision between plaintiffs’ and defendants’ vessels near the mouth of the Seine - Action brought in France - Plaintiffs purported to constitute limitation fund in England

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In the Directories


  • "persuasive and straightforward advocate. Chambers UK 2011
  • "thorough and pragmatic Chambers UK 2011
  • "She has that indefinable factor that makes judges sit up and listen. Chambers UK 2011
  • “someone who is really able to hold one’s attention.” Chambers UK 2010
  • “an immensely persuasive and smooth advocate” Chambers UK 2010
  • “a great all-round junior” Legal 500 2010
  • “great lawyer and advocate” Legal 500 2010
  • “practices as silk level” Legal 500 2010
  • “very hard-working and detail focussed” Legal 500 2009
  • “extremely persuasive and charming advocate” Legal 500 2009
  • “accessible, and delivers on time” Legal 500 2009
  • “terrific and commercial” Chambers UK 2009
  • “an utterly reliable performer who handles heavyweight matters with an air of effortless ease.” Chambers UK 2009
  • “feisty and tough. Legal 500 2008
  • “confident style of advocacy.” Legal 500 2008
  • “incisive mind” allows her to “translate into paper very effectively” Legal 500 2008
  • “extremely good.” “technically superb.” Chambers UK 2008
  • “charming, tremendously poised advocacy.” “Nothing seems to faze her.”  Chambers UK 2008
  • ““highly recommended” by solicitors, described as instilling “confidence and vigour” into any case.” Chambers UK 2006