“great lawyer and advocate”
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Practice Profile
General Information
Areas of Practice
In the Directories
Reported Cases

1983-1988        Radley College.

1989-1992        Trinity College, Cambridge (History 2.1 MA).

1992-1883        City University (CPE Diploma in law, merit).

1993-1994        Inns of Court School of Law (Grade: outstanding). Macaskie Award.




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Richard Waller QC


Year of Call: 1994
Year of Silk: 2012

email: rwaller@7kbw.co.uk


Practice Profile



Richard joined 7KBW in 1994, following the completion of his pupillage, and has been practising as a commercial barrister since then.

Richard specialises in commercial litigation and arbitration, acting both as an advocate and in an advisory capacity. His practice covers all areas of commercial law, with an emphasis on insurance, reinsurance, shipping, banking and finance, energy, professional negligence (principally insurance brokers) and general commercial disputes. He has acted in a wide spectrum of cases of different types and sizes and has extensive experience of litigating in the commercial court and representing clients in all forms of arbitration, including shipping arbitrations before the LMAA, insurance arbitrations under the ARIAS Arbitration Rules and international arbitration before the LCIA. The Legal Directories recommend Richard as a leading new silk in his practice areas and is described as "a very powerful advocate", "hard-working, imaginative and polished" and "a master of detailed advice, who provides charming yet focused cross-examination, and spot-on legal analysis."

The core areas of Richard’s practice are insurance and reinsurance, arbitration, shipping, banking and finance, energy, professional negligence and general commercial litigation.

Richard’s insurance and reinsurance practice is wide ranging. He remains a key player in political risk insurance and reinsurance arbitrations including disputes involving Egypt, Argentina, Chile, Azerbaijan, Libya, India and Indonesia. He has also recently been involved in cases concerning a property and business interruption claim arising out of a fire at a recycling plant, contingency insurance risks, a reinsurance dispute relating to Hurricane Katrina, a professional indemnity policy relating to a Portuguese construction project, a dispute involving a US coverholder, a dispute relating to a cash in transit policy and an industry loss warranty financial reinsurance product.

In terms of his shipping practice, in addition to being involved in numerous shipping arbitrations,
 
Richard has recently been involved in commercial court litigation involving the detention of a vessel in Nigeria and a fuel oil contamination dispute involving a vessel discharging in Madagascar.

In terms of his professional negligence practice, the majority of his work involves professional negligence claims against insurance and reinsurance brokers.

Richard also has experience in a wide range of other areas of commercial law, including: agency, conflicts of laws, energy, injunctions, international trade, jurisdiction issues and sale of goods. In the last 12 months, he has spent the majority of his time representing Gulf Keystone in a heavy piece of commercial court litigation relating to oil exploration rights in Kurdistan.


General Information



1983-1988        Radley College.

1989-1992        Trinity College, Cambridge (History 2.1 MA).

1992-1883        City University (CPE Diploma in law, merit).

1993-1994        Inns of Court School of Law (Grade: outstanding). Macaskie Award.

Areas of Practice


Richard Waller QC specialises in the following areas:


Insurance & Reinsurance


Richard has acted in a wide range of cases in this area. Cases in which he had been involved in this area include:

  • Richard has acted in a large number of political risk insurance and reinsurance arbitrations in the last few years involving projects in Egypt, Argentina, Chile, Azerbaijan, Indonesia, Venezuela and Dubai. 
  • H v Reinsurers [2014]: for reinsurers in an international arbitration under ARIAS Rules concerning a quota share reinsurance treaty
  • Lincoln v LMA [2014]: for LMA in relation to letter of request dispute•    BL v Insurers [2013]: for insurers relating to a claim arising out of the cancellation of a music festival
  • J v Insurers [2012]: for insured in a complex trade credit insurance dispute
  • M v Insurers [2011]: for insurers in a Bermuda Form arbitration involving manufacturer’s liability for allegedly making and distributing defective pace-makers.
  • N v Insurers [2010-11]: for reinsurers in property and business interruption claim arising out of hurricane Katrina in relation to US shipyards in Gulf Coast.
  • G v G [2010]: for reinsurers in a complex high value ($16 m) reinsurance arbitration under ARIAS Rules arising out of the Witch Creek wildfires in California in 2007.
  • Ace Capital v CMS Energy Corporation [2009] Lloyd's Rep. IR 414. Anti-suit injunction. This case concerned the interplay between arbitration clauses and service of suit clauses in Lloyds’ policies issued to US-based insureds. Richard, acting for various Lloyds’ syndicates, obtained an anti-suit injunction preventing the insured bringing its claim before a jury in the United States.

 


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Shipping


Richard has acted in a wide range of cases in this area both as lead counsel and as a junior.

Selected cases:

  • Richard has acted and continues to act in a large number of shipping arbitrations in including bill of lading, charterparty, bunker, crane damage, piracy, cancellation, ship sale and shipbuilding disputes. 
  • The Crudesky [2013] 1 All E.R. (Comm) 415.Detention of oil tanker in Nigeria. Contravention of foreign law and force majeure. 
  • Congentra Ag v Sixteen Thirteen Marine SA (The “Nicholas M”) [2008] 2 Lloyd's
    Rep. 602. Freezing Injunction. Owners obtained a Rule B attachment order in New York. Richard, acting for Charterers, obtained a freezing injunction in aid of wrongful attachment claim in English arbitration.
  • Ravennavi SPA v New Century Shipbuilding Co Ltd [2007] 2 Lloyd's Rep. 24. Shipping. The effect of an entire agreement clause in a shipbuilding contract.
  • The Charlotte C  [2005] 2 Lloyd's Rep. 626. Unsafe berth case.
  • The Marseilles [2003] 1 Lloyd's Rep. 503. Recovery of Settlement Loss (Commercial Court).
  • East West Corporation v DKBS 1912 [2002] 2 Lloyds Rep. 182; [2003] 1 Lloyd's Rep.
    239 (CA). Shipping. Misdelivery; title to sue under Carriage of Goods by Sea Act 1992.
  • Cenargo v Astilleros (2002) CLC 1151 (CA). Shipping. Newbuilding RoRo Ferry. Liquidated damages.
  • The River Ngada (2001) LMLN 570. Shipping. Cargo damage. Mitigation.
  • The “Yellow Star” [2000] 2 Lloyds Rep. 637. Application of time-bar in context of failure to supply supporting documents for demurrage claim.
  • The Hai Hing [2000] 1 Lloyds Rep. 300. Incorporation of Hague Rules.
  • The Rio Assu [1999] 1 Lloyds Rep. 115 (CA); [1999] 1 Lloyds 201. The meaning and effect of P&I Club’s letters of undertaking.
     

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Professional Negligence


Richard has acted in a wide range of cases in this area specialising in broker negligence claims.


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Arbitration


Richard’s international arbitration practice is wide ranging. In recent years, Richard has been engaged in numerous international arbitrations, including (a) a $70 m business interruption arbitration arising out of Hurricane Katrina (b) a $80 million political risk arbitration under the LCIA Rules involving alleged expropriation by the Indonesian Government (c) a $16 m reinsurance arbitration under ARIAS Rules arising out of the Witch Creek wildfires in California and (d) a large value political risk arbitration involving arms sanctions in Libya.

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Energy & Natural Resources


In 2012/2013, Richard spent the majority of his time working on the Excalibur litigation relating to oil exploration in Kurdistan. This US$1.6 billion case was one of the most significant cases to be tried in the Commercial Court in 2012/13.

Selected cases:

  • Excalibur Ventures LLC v Texas Keystone [2013] EWHC 2767: energy and banking and finance.

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Banking and Finance


In 2012/2013, Richard spent the majority of his time working on the high value Excalibur litigation. A key aspect of the litigation concerned investment banking and finance.

Selected cases:

  • Excalibur Ventures LLC v Texas Keystone [2013] EWHC 2767: energy and banking and finance

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General Commercial Disputes


Richard is experienced in a wide range of commercial law disputes including: agency, conflicts of laws, energy, injunctions, international trade, jurisdiction issues and sale of goods.

In 2012/2013, Richard spent the majority of his time working on the Excalibur litigation relating to oil exploration in Kurdistan. This US$1.6 billion case was one of the most significant cases to be tried in the Commercial Court in 2012/13.

Richard is currently representing the defendant in a commercial court action brought by the Republic of Djibouti for an alleged abuse of public authority arising out of the development ofthe Djibouti free zone.

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In the Directories



  • Richard is noted for “his keen eye for detail” Legal 500 2013
  • Richard is “enjoyable to work with, as he's both patient and capable. He has an excellent grasp of tricky technical issues" Chambers UK 2013
  • “great lawyer and advocate” Legal 500 2010
  •  “displays a very effective rapport with judges in court.” Chambers UK 2010
  • “extremely hard working” Chambers UK 2010
  •  “a standout rising star.” Chambers UK 2010
  • “technically strong, hardworking, easy to work with and responsive.” Legal 500 2010
  • “incisive and clear.” Legal 500 2009
  • “leaves no stone unturned.” Chambers UK 2009
  • “very commercial and shows fine attention to detail.” Chambers UK 2009
  • “A star in the making”, the “brilliant”. “A talented advocate”. “He creates mischief in his clients’ interest.” Chambers UK 2008
  • “extremely bright, hard-working and resilient.” Chambers UK 2008