Richard Sarll is a barrister specializing in commercial and admiralty law. He joined 7 King’s Bench Walk in 2006 following completion of pupillage.

Richard’s practice encompasses a wide range of disputes. He has particular expertise in contracts for the carriage of goods by sea; sale of goods; trade finance; and contracts of insurance and reinsurance. He also has experience in matters of salvage and other aspects of admiralty law.

In connection with those areas of specialism, he holds an Advanced Diploma of the Institute of Chartered Shipbrokers. He is an Associate member of the Association of Average Adjusters, having recently passed the requisite examinations with distinction. He is also an Associate of the Royal Institution of Naval Architects.

Richard is happy to accept instructions either on his own or as part of a team of counsel. He has experience in conducting multi-day trials in the High Court without a leader. Following a recent 3 day trial involving complex questions of marine insurance His Honour Judge Mackie QC expressed his gratitude to "Counsel and to the solicitors for the admirable way in which this case was prepared and presented" -- see Clothing Management Technology Ltd v Beazley Ltd [2012] EWHC 727 at [75].

Richard has worked on a number of very large disputes, including the case of MSC Napoli, the containership which famously shed her containers into Branscombe Bay in 2007, and the case of a semi-submersible oil rig which was the subject of salvage services in 2005.

Richard enjoys technical disputes and has some familiarity with the following areas of expertise: naval architecture, marine engineering, deck operations, sub-sea infrastructure, finite element analysis, metereology, hydrodynamics, environmental surveying and others.

He is fluent in French and German and is prepared to receive documents in those languages without translation, provided the content is not unusually specialist.

Education

Jesus College, Oxford: MA (Oxon), Modern Languages (French and German), First Class (2002).

College of Law, London: Graduate Diploma in Law (Distinction) (2004);

Scholarships

Harmsworth & Jules Thorn scholarships of Middle Temple

Professional qualifications

Bar Vocational Course (2005)

Institute of Chartered Shipbrokers: Advanced Diploma (2009)

Association of Average Adjusters: Distinctions in Module 1 (MIA 1906 & related principles) and Module 2 (Hull and Cargo Claims) 

Professional training

Weekly evening classes provided by ‘Maritime Education Training Ltd’ in:-
- Dry Cargo Chartering (2008 – 2009)
- Tanker Chartering (2008 – 2009)
- Ship Operations and Management (2009 – 2010)

4 day course in “Managing Maritime Emergencies”, Smit salvage, Rotterdam (2009)

Coaching in average adjusting by Sarnia Training Ltd (2011 - 2012)

Memberships

Associate of the Royal Institution of Naval Architects.

Associate member of the Association of Average Adjusters

COMBAR

• Shipping
• Admiralty
• Insurance & Reinsurance
• Jurisdiction/Conflicts of Laws
• Injunctions & Arrests
• General Commercial Disputes

Richard has experience in all aspects of dry shipping including claims under bills of lading, booking notes, voyage and time charterparties, and long term COAs. His practice has encompassed all the major issues of recent years e.g. the correct measure of damages following the collapse of the freight market; Somali piracy; cargo liquefaction; and the effects of labour disputes at French ports. Richard has also been involved in a number of shipbuilding cases. Much of his work in this area is in arbitration and as such confidential. The following cases are publically available:-

Selected cases:

• The MSC Napoli Between January and May 2010 Richard was seconded to the solicitors representing the owners in connection with claims by a variety of interests arising out of the structural failure and subsequent beaching of the vessel.
• Classic Maritime Inc v. Lion Diversified Holdings Berhad & Anor [2010] 1 Lloyd’s Rep 59 (Cooke, J.). C.O.A: whether the guarantee provided by charterers’ parent company was supported by good consideration; the appropriate circumstances for a case management stay; frustration and force majeure; and the question whether The Achilleas set out a new test for the recoverability of damages.
• SK Shipping (S) Pte Ltd v. Petroexport Ltd (The “Pro Victor”) [2010] 2 Lloyd's Rep 158 (Flaux, J). Voyage charterparty: whether charterers renounced the charterparty.
• Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd (The “Sylvia”) [2010] 2 Lloyd’s Rep 81. Time charterparty: whether The Achilleas set out a new test for the recoverability of damages. (Richard did not appear at the hearing, but advised correctly and settled the documents.)
• London Arbitration 11/10, [2010] LMLN 802 Voyage charterparty; demurrage; whether charterers were entitled to rely upon a "weather working days" exception whilst the vessel was at anchor upon the orders of port authorities.
• London Arbitration 13/10, [2010] LMLN 803. Back-to-back charterparties: whether charterers should be liable to disponent owners according to the full "market measure" in circumstances where the latter would never pay such damages to head owners due to insolvency protection. 

Richard has experience in a number of aspects of the law of admiralty, in particular salvage. Between 2008 and 2009 Richard acted as junior counsel in a major LOF arbitration involving a semi-submersible oil rig. Since then, he has acted in a number of salvage arbitrations.

Richard has strong ties with this practice area due to family involvement in Lloyd’s. His practice covers all aspects of insurance and reinsurance (both marine and non-marine), including claims under contracts for facultative and treaty reinsurance, open covers, binding authorities, and actions against brokers in professional negligence. He has particular expertise in marine insurance. He is an Associate member of the Association of Average Adjusters, having recently passed the requisite examinations with distinction.

Selected cases:

• Lloyd’s Syndicate 980 v Sinco SA [2009] 1 Lloyd’s Rep I.R. 365 (Beatson, J.). Binding authority for the writing of motor insurance.
• Beazley Underwriting Ltd & Anor v The Travelers Company Incorporated [2012] 1 Lloyd’s Rep IR 78 (Christopher Clarke, J). Professional indemnity insurance: operation of aggregation clauses; the effect of subjectivities upon a slip. (Richard handled this case at the stage of witness statements and expert reports.)
• Sealion Shipping Ltd & Anor v Valiant Insurance Co (The “Toisa Pisces”) [2012] Lloyd’s Rep I.R. 141 (Blair, J.). Marine policy for loss of hire: whether insurers could avoid for material non-disclosure / representation; whether assured had failed to exercise due diligence within the meaning of the proviso to the “Inchmaree” clause.
• Clothing Management Technology Ltd v Beazley Ltd [2012] EWHC 727 (Judge Mackie, Q.C.). Marine cargo throughput policy: whether claims notification clause complied with; whether theft exclusion applied; whether ATL or CTL; whether notice of abandonment necessary; what is the meaning of “invoice value”. 

Richard is familiar with all aspects of private international law, which regularly impinges upon his work in shipping, insurance, and general commercial cases.

Richard has experience in a number of types of injunctive relief, including applications for freezing orders; for orders restraining breaches of confidentiality; and for the inspection and preservation of evidence.

Richard regularly takes on contractual disputes outside the areas described above and has appeared in the Bankruptcy Court, the Chancery Division, the Queen’s Bench Division, and in numerous County Courts in relation to a wide range of commercial work.

Selected cases:

• Grecoair Inc v John Tilling & Ors 2009 WL 1062979. Application for costs against a non-party pursuant to s. 51, Senior Courts Act 1981: whether disclosure and oral evidence available.
• Topworkmen.com Ltd v Billscutter Ltd [2011] EWHC B20 (QB) (Master Fontaine) Application for security for costs; successful invocation of Article 6 ECHR on grounds of stifling; relevance of the existence of ATE insurance to such applications.