Siobán practises commercial law including insurance and reinsurance, international carriage of goods and commodities, shipping, professional negligence, conflict of laws and jurisdiction disputes, arbitration and banking.

Siobán acted for the lead Claimants in the litigation arising out of the Buncefield explosion and for the appellant reinsurers in Wasa v. Lexington, one of the last ever judgments to be given by the House of Lords.

She is retained in several unrelated Commercial court actions involving allegations of professional negligence by insurance brokers and solicitors. Siobán acted for insurers in the long-running Metro litigation. She has also been involved in the film finance insurance litigation.

In recent years Siobán has been instructed in a number of insurance disputes relating to political risks and trade credit insurance, construction risks, the Lloyd’s market, alleged brokers’ negligence and commodity and shipping and arbitration appeals.

She is frequently involved as an advocate in insurance, reinsurance, maritime and sale of goods arbitrations and mediations, and in advisory work in relation to commodity arbitrations where legal representation at hearings is not ordinarily permitted. During 2011 her shipping and commodities practice has included disputes under charterparties and bills of lading, shipbuilding and ship sale contracts, sale of goods contracts and related financial transactions.

Siobán is also currently acting as arbitrator in several insurance, reinsurance, shipping and international trade disputes under ARIAS, LCIA, and ICC rules.

Since taking silk in 2010 Siobán has been recommended by the Chambers & Partners and Legal 500 Directories as a leading silk in the fields of insurance and reinsurance, international arbitration, shipping and commodities, professional negligence and commercial litigation, having been consistently recommended as a leading junior in those fields before she took silk.

Siobán was Chambers & Partners’ Insurance Junior of the Year 2009, having previously been short-listed for the Award in 2007 and 2008.

Areas of Practice:

Siobán has a broad commercial practice, with particular expertise in advocacy and advisory work in the following areas:

Insurance and reinsurance; Professional negligence; Shipping; International carriage of goods and commodities; Conflict of laws and jurisdiction disputes; Arbitration; Commercial contracts and Banking.

Siobán also regularly acts as an arbitrator in insurance and reinsurance, international trade and shipping disputes.

Brasenose College, Oxford BA Jurisprudence

Oxford University Prize (Martin Wronker prize) for 1st place in Administrative law; Brasenose College Law Prize

Northwestern University School of Law LL.M

Fulbright Scholar; James Nelson Raymond International Fellow; BUNAC Award; Dean's List

Admitted as a Solicitor in 1990

Before joining chambers Siobán was a solicitor and trainee solicitor with Richards Butler from 1988-1993.  She specialised in commodity and shipping arbitrations and litigation, insurance disputes and also gained extensive experience of general commercial court litigation.

Siobán was a Director of the Bar Mutual Indemnity Fund Limited and a member of the Board’s investment committee from 1995 - 2010. In 2011 Siobán was appointed a member of the Bar Standards Board’s Complaints Committee.

She is a member of Combar, a member of the LCIA, a supporting member of the London Maritime Arbitrators’ Association, a member of the London Shipping Law Centre and a member of British Insurance Law Association.

Siobán accepts arbitration appointments in relation to disputes falling within her areas of expertise, in particular insurance and reinsurance, shipping, international trade and commodities, conflicts of law and professional negligence.  She has been appointed as arbitrator in arbitrations conducted in accordance with the ARIAS, LCIA, and ICC Rules as well as ad hoc international arbitrations.

• Insurance & Reinsurance
• Professional Negligence
• Shipping Commodities and International Trade
• Arbitration
• Jurisdiction/Conflicts of Laws
• Banking and Finance

Insurance and reinsurance form a major part of Siobán’s practice.

Shortly before she took silk, Siobán was described by Chambers & Partners as: “’undoubtedly amongst the top ranks of leading juniors’. ‘An insurance wizard who knows her subject back to front’, she regularly handles high profile matters.”  Siobán was Chambers & Partners’ Insurance Junior of the Year in 2009, having previously been short-listed for the Award in 2008 and 2007. Since taking silk in 2010 Siobán has continued to be recommended as a leading practitioner in the field of insurance and reinsurance by Chambers & Partners and The Legal 500.

Siobán has been involved in much of the major insurance and reinsurance litigation which has taken place over the last 20 years such as that involving Lloyd’s Names, the LMX and PA spirals, and film finance contingency insurance.

She regularly advises in relation to and appears as an advocate in insurance brokers’ e&o disputes, both for and against brokers.

Current and recent work includes acting for insured or insurer in relation to political risks and trade credit insurance, insurance of large construction risks, property damage and business interruption insurance and reinsurance; advising on coverage, attachment, aggregation, notification and double insurance in professional indemnity, products liability and property damage insurances; acting for London reinsurers in jurisdiction disputes; and acting for a London broker in litigation concerning terrorism exclusions.

Siobán’s experience as a director of the Bar Mutual Indemnity Fund Ltd over 15 years has given her an additional insight into insurance business. Siobán frequently acts as an arbitrator in insurance and reinsurance disputes.

Many of the insurance and reinsurance disputes in which Siobán is retained are determined in arbitration or settled before trial.  A selection of reported cases concerning insurance and reinsurance in which Siobán has appeared is set out below.

Selected cases:

• Beazley Underwriting Limited v The Travelers Companies Incorporated [2012] Lloyd's Rep. IR 78. Insurance dispute arising out of the judgment in Standard Life Assurance Ltd v Oak Dedicated Ltd and Others [2008] EWHC 222 (Comm), [2008] Lloyd's L.R. 552. Decided issues of policy construction, and the effect of subjectivities on a slip.
• Wasa v. Lexington [2010] 1 AC 180; [2009] 3 WLR 575; 2 Lloyd’s Rep. 508; [2008] Lloyd’s Rep. IR 510; [2007] 1 Lloyd’s Rep. 604 (nature of a reinsurance contract; whether reinsurers under reinsurance contract liable to provide an indemnity for losses falling outside period of cover where insurance and reinsurance on back to back terms; application of US triple trigger principles to reinsurance placed in England)
• DHL v. Erinaceous [2010] 1 Lloyd’s Rep.  IR 149, [2009] Lloyd’s Rep. IR 464; [2008] Lloyd’s Rep. IR 676 (rectification of insurance contract; joinder; roles of producing and placing brokers)
• Encia v. Canopius [2008] Lloyd’s Rep. IR 79 (whether professional indemnity policy provided cover for design and build contracts)
• Diab v. Regent Insurance Co Ltd [2007] 1 WLR 797; [2006] Lloyd’s Rep. IR 779.  Acted for successful respondent insurance company in establishing that there was no rule of law that a repudiation by an insurer of liability on a ground unconnected with compliance by the insured with the claim notification provisions of the policy relieved the insured of the obligation to comply with those provisions.
• Limit No. 3 v. PDV [2005] Lloyd's Rep. IR 552 Court of Appeal (Acted for Respondent reinsurer applying to stay proceedings for negative declaratory relief on grounds of forum non conveniens)
• Paine v. SJO Catlins [2005] Lloyd's Rep. IR 665 (Construction of condition precedent in fire insurance)
• Assicurazioni Generali v. CGU [2004] Lloyd's Rep. IR 457; [2003] Lloyd’s Rep. IR 725  Court of Appeal on appeal from Gavin Kealey QC (Acted for Respondent reinsurers on appeal to the Court of Appeal on construction of "Follow Settlements” clauses in reinsurance contract.  Appeal dismissed.)
• Glencore International v. Alpina Insurance [2004] 1 Lloyd’s Rep. 111; [2004] 1 Lloyd’s Rep. 567 Moore-Bick J. (Instructed by insurers in ‘Phase 5’ of the Metro litigation dealing with insurance issues viz: scope of duty of disclosure under an open cover; misrepresentation and non-disclosure, scope of coverage including any one loss any one location,  number of takings, application of policy limit, basis of valuation;  effect of declarations post-loss under oblig/oblig and fac/oblig insurance open covers; recovery for losses known to the assured prior to moment of loss.)
• Alexander Forbes v SBJ Ltd [2003] Lloyd’s Rep. IR 432 (insurance brokers’ duties regarding notifications of circumstances)
• Tradigrain v. S.I.A.T [2002] 2 Lloyd’s Rep. 553 Colman J. (Conflict of laws in relation to insurance policies, jurisdiction, Brussels-Lugano Convention Articles 8, 12a, 17, 22)
• Chase v. Ram [2000] 2 Lloyd's Rep. 418 Timothy Walker J. (Jurisdiction/forum conveniens where underwriters have registered to do business overseas)
• Eide v. Lowndes Lambert [1999] QB 199 Court of Appeal; [1998] 3 WLR 643; [1998] 1 Lloyd’s Rep. 389  (Insurance broker's lien on policy or proceeds; composite insurance)
• Boskalis v. Mountain [1999] QB 674; [1998] 2 WLR 538; [1997] LRLR 523 Rix J and Court of Appeal (Marine insurance; sue and labour; constructive total loss; conflict of laws; illegality)
• Hellenic Mutual War Risks Assn v. Harrison "The Sagheera" [1997] 1 Lloyd's Rep. 160 Rix J. (Marine insurance; legal professional privilege; litigation privilege)
• Yona v. LRF [1996] 2 Lloyd's Rep. 84 Moore-Bick J (Political risks insurance; reinsurance; agency)
• Cox v. Bankside [1995] 2 Lloyd's Rep. 437 at p. 439 Phillips J. (Construction summons on division of proceeds of E&O policies in Lloyd's litigation)

Professional negligence is one of the areas in which Siobán has developed a strong reputation, acting both for and against a variety of professionals, most notably insurance brokers, solicitors, accountants and surveyors.

According to the legal directories, Siobán “has extensive experience of running difficult and complex professional negligence trials”; "when you need somebody to deal with nasty, complex, large matters, she's the one to call”. She is: “enthusiastically recommended for the indemnity aspects of professional negligence actions.” and “Top-quality junior Siobán Healy continues to win recognition for her brokers’ defence work.”

Current and recent instructions include: acting for two firms of solicitors in unrelated disputes concerning alleged negligence in relation to sale and purchase transactions, acting for solicitors in a dispute with their professional indemnity insurers, representing solicitors in Commercial Court litigation concerning the setting up of film finance tax deferral schemes, advising a range of professionals on notification provisions in professional indemnity policies following the Kidsons litigation; acting for the lead Claimants in the Buncefield litigation who successfully alleged negligence in the operation of the tank farm at Hemel Hempstead leading to an explosion of catastrophic proportions; advising accountants facing professional negligence allegations arising out of tax advice and audit work; advising on attachment and aggregation issues in relation to insurance of veterinary professionals; and acting for a London insurance broker in Commercial Court litigation concerning the use of terrorism exclusions in insurance policies in the aftermath of 9/11.

Selected cases:

• Beazley Underwriting Limited v The Travelers Companies Incorporated [2012] Lloyd's Rep. IR 78. Insurance dispute arising out of the judgment in Standard Life Assurance Ltd v Oak Dedicated Ltd and Others [2008] EWHC 222 (Comm), [2008] Lloyd's L.R. 552. Decided issues of policy construction, and the effect of subjectivities on a slip.
• DHL v. Erinaceous [2010] 1 Lloyd’s Rep. IR 149, [2009] Lloyd’s Rep. IR 464; [2008] Lloyd’s Rep. IR 676 (surveyors’ professional indemnity insurance; joinder; roles of producing and placing brokers)
• Encia v. Canopius [2008] Lloyd’s Rep. IR 79 (whether professional indemnity policy covering remediation consultants provided cover for design and build contracts)
• Alexander Forbes v SBJ Ltd [2003] Lloyd’s Rep. IR 432 (insurance brokers’ duties regarding notifications of circumstances concerning pensions advice given by financial intermediaries)

Siobán has specialised in shipping, international trade and commodities since qualifying as a solicitor in 1990 and these areas have formed a core part of her practice at the Bar ever since, with Siobán being consistently recommended by the legal directories as a leading junior in these areas prior to taking silk in 2010. She is now recommended by Chambers & Partners and The Legal 500 as a leading silk. 

Recent directory comments include: "highly recommended for her “no-nonsense, get-to-it attitude.” She has a “big fan club” of lawyers who rely on her expertise in shipping, international trade and commodities disputes.”; “Outstanding”; “well respected …, widely admired for the strength of her marine insurance practice and for her ‘fantastic expertise in commodities.’”

The majority of disputes in the shipping and international trade fields are referred to arbitration rather than litigated in Court.  Siobán regularly appears as an advocate at shipping arbitrations conducted in accordance with the rules of the London Maritime Arbitrators’ Association.

Recently Siobán has both acted as advocate and been appointed as arbitrator in relation to shipping disputes arbitrated pursuant to the LCIA and ICC Rules.

The subject-matter of current and recent instructions on shipping law includes safe and unsafe ports, dangerous cargoes, oil major and RightShip approval, seaworthiness, off-hire, nominations, cancellation and termination, damages following the decision of the House of Lords in The Achilleas, laytime and demurrage, bills of lading, misdelivery, letters of indemnity, disputes under shipbuilding and ship sale contracts.

Siobán has acted for buyers and sellers in commodity trading disputes involving coal, cobalt, coffee, cocoa, sugar, oils, gas, metals, rice, grains, soyabeans, frozen seafood and many other commodities.  She is experienced in representing clients either as an advocate (or, at trade arbitrations where legal representation is not permitted, an advisor) in commodity arbitrations before most of the London-based commodity trade associations such as LME, GAFTA, FOSFA, and RSA.

Increasingly, she is instructed as an advocate or appointed as arbitrator in relation to commodity and trade finance disputes before international arbitration tribunals in accordance with LCIA, ICC or UNCITRAL arbitration rules.

Recent work includes advocacy for the respondent in the on-going arbitration appeal proceedings in Carboex v Louis Dreyfus [2011] 2 Lloyd’s Rep. 177,  advice in relation to commodity-related derivatives agreements such as SCoTA and other agreements based on the ISDA Master Agreement; representing a party in Commercial Court litigation concerning a force majeure clause in a petcoke supply contract; and acting as advocate for sellers in two LCIA arbitrations arising out of coal supply contracts and an LME arbitration concerning supply of copper under an agreement incorporating the Vienna Convention.

Selected cases:

• Carboex SA v Louis Dreyfus Commodities [2011] 2 Lloyd’s Rep. 177. Acted for Louis Dreyfus which concerned whether a voyage charterparty strikes exception clause applied to vessels which were delayed in berthing due to congestion caused by the after-effects of a strike which had ended before the vessels berthed.  Field J held, distinguishing the decision of the House of Lords in Central Argentine Railway v Marwood [1915] AC 981, that the strikes exception could apply to delay in discharging caused by congestion due to the after-effects of a strike that had ended.  He granted permission to appeal to the Court of Appeal
• The "Happy Day" [2002] 2 Lloyd’s Rep. 487 CA; [2001] 1 Lloyd's Rep. 754 Langley J. (Whether despatch payable to charterers where no valid notice of readiness given)
• The "Mass Glory" [2002] 2 Lloyd's Rep. 244 Moore-Bick J. (Measure of damages in string arbitration under a series of charterparties; calculation of laytime where no valid notice of readiness given)
• Tradigrain v. S.I.A.T [2002] 2 Lloyd’s Rep. 553 Colman J. (Conflict of laws and jurisdiction issues arising out of storage of vegetable oil in India, Brussels-Lugano Convention Articles 8, 12a, 17, 22)
• The Metro litigation (phase II) October 2001 and (phase V) [2004] 1 Lloyd’s Rep. 111; [2004] 1 Lloyd’s Rep. 567 Moore-Bick J. (Alleged misappropriation of large quantities of different grades of oil from Fujairah; conflict of laws where numerous parties claim title to blended/commingled goods; formation of contract)
• The "Nour" [1999] 1 Lloyd's Rep. 1 Tuckey J. and Court of Appeal (Time and voyage charterparties: indemnity; dangerous cargo; deviation)
• Phoenix Marine v. China Ocean [1999] 1 Lloyd's Rep. 682 Moore-Bick J. (Identity of parties in ship sale contract - weight to be given to previous decision on foreign law)
• Mauritius Oil v. Stolt Nielsen "The Stolt Sydness" [1997] 1 Lloyd's Rep. 273 Rix J. (Shipping; conflict of laws: relevance of foreign decisions on interpretation of a foreign statutory version of Hague Rules incorporated into an English law contract).

A large percentage (and in some years, the majority) of cases in which Siobán is instructed across all of the fields in which she practices involve disputes which are referred to arbitration rather than proceedings in court. Siobán is recommended as a leading silk by Chambers & Partners and The Legal 500 in the field of international commercial arbitration.  Recent directory comments concerning her arbitration practice include: "accurate, precise and extremely able.", "She is bright and thorough, and quickly gets to grips with the legal and factual issues at hand”; “has a ‘very sharp mind; excellent at providing high-quality pleadings very quickly’.”  

Current and recent arbitration instructions include advising London reinsurers on a Peruvian arbitration arising out of a professional liability dispute, representing London based political risk insurers of a South American hazardous waste treatment plant in an LCIA arbitration; representing shipowners in a charterparty  arbitration concerning rights and obligations relating to civil unrest in Syria, acting for London insurers in a Lithuanian arbitration concerning property damage and business interruption to a Lithuanian industrial plant; acting for Swiss buyers of Indonesian coal in an LCIA arbitration; acting for owners of a Panamax vessel in an LMAA arbitration concerning alleged failure to maintain RightShip approval; acting for insurers in a Cayman arbitration concerning hurricane damage; and acting as arbitrator in several LCIA disputes concerning alleged breaches of commodity supply contracts and related charterparty disputes.

Siobán has also appeared as an advocate in litigation connected with the arbitration process, including numerous appeals from arbitration awards and The "Mass Glory" [2002] 2 Lloyd's Rep. 244 Moore-Bick J.  which concerned the application of the principles of remoteness of damages to string arbitrations.

Many of the commercial disputes in relation to which Siobán is retained involve one or more parties from outside the jurisdiction, carriage of goods or insurance of liability, property or other risks located overseas, and potentially conflicting foreign laws.  As a result, Siobán has extensive experience of advising and appearing as an advocate in relation to difficult jurisdictional issues and conflicts of law.  This ranges from providing advice at an early stage of a dispute as to choice of a forum in which to commence litigation or arbitration to advocacy in the appellate courts on complex points of conflicts of law.

Selected cases:

• Wasa v. Lexington [2010] 1 AC 180; [2009] 3 WLR 575; 2 Lloyd’s Rep. 508; [2008] Lloyd’s Rep. IR 510; [2007] 1 Lloyd’s Rep. 604 (application of US triple trigger principles to back to back English law reinsurance contract)
• Limit No. 3 v. PDV [2005] Lloyd's Rep. IR 552 Court of Appeal (Acted for Respondent reinsurer applying to stay proceedings for negative declaratory relief on grounds of forum non conveniens)
• Tradigrain v. S.I.A.T [2002] 2 Lloyd’s Rep. 553 Colman J. (Conflict of laws, jurisdiction, Brussels-Lugano Convention Articles 8, 12a, 17, 22)
• The Metro litigation (phase II) October 2001 Moore-Bick J. (Alleged misappropriation of large quantities of oil from Fujairah; conflict of laws where numerous parties claim title to commingled goods; formation of contract)
• Chase v. Ram [2000] 2 Lloyd's Rep. 418 Timothy Walker J. (Jurisdiction/forum conveniens where underwriters have registered to do business overseas)
• Boskalis v. Mountain [1999] QB 674; [1998] 2 WLR 538; [1997] LRLR 523 Rix J and Court of Appeal (Marine insurance; sue and labour; constructive total loss; conflict of laws; illegality)
• Phoenix Marine v. China Ocean [1999] 1 Lloyd's Rep. 682 Moore-Bick J. (Civil Evidence Act 1972 - weight to be given to previous decision on foreign law)
• Mauritius Oil v. Stolt Nielsen "The Stolt Sydness" [1997] 1 Lloyd's Rep. 273 Rix J. (Shipping; conflict of laws: relevance of foreign decisions on interpretation of a foreign statute incorporated into an English law contract).

Siobán is recommended as a leading commercial litigation silk by The Legal 500 which states that she is “noted for her ‘astonishing grasp of detail’”. As part of her practice in insurance and reinsurance, commodity and international trade litigation Siobán frequently advises on and appears an advocate in relation to disputes concerning letters of credit, bills of exchange, promissory notes, forfaiting,  guarantees, futures and derivatives contracts.

She was recently retained as counsel for insurance brokers in Commercial Court litigation concerning the placement of public, products and employer’s liability policies for one of the main clearing banks.

Siobán also acts for parties involved in other commercial litigation.  She advises and has appeared as advocate in the Commercial Court in relation to disputes under Sale and Purchase Agreements and Deeds of Indemnity.

She acted for the lead claimants in the Buncefield litigation which involved claims in negligence, under the rule in Rylands v Fletcher and in private and public nuisance.

 Chambers & Partners 2007-2012

Insurance:

• "extremely quick at cracking open complex cases."
• "at the top of her game”
• “undoubtedly amongst the top ranks of leading juniors.” “An insurance wizard who knows her subject back to front” she regularly handles high-profile matters.
• Siobán Healy has won accolade after accolade for her recent involvement in acting for claimants in litigation arising out of the Buncefield explosion, as well as for her key role in the Wasa v Lexington matter”. Sources describe her as “an extremely proactive and robust advocate who takes the initiative but who is always mindful of the need to operate as a team.”
• The “very able” Siobán Healy recently supported Alistair Schaff on Wasa v Lexington.
• Siobán Healy has also attracted attention for her roles in key litigation and arbitration, including the film finance litigation.

International Arbitration:

• "accurate, precise and extremely able."
• "She is bright and thorough, and quickly gets to grips with the legal and factual issues at hand”

Professional Negligence:

• Siobán Healy QC has extensive experience of running difficult and complex professional negligence trials.
• "When you need somebody to deal with nasty, complex, large matters, she's the one to call”
• “Top-quality junior Siobán Healy continues to win recognition for her brokers’ defence work.”
• Siobán Healy is singled out for her “real depth of insight into the insurance industry.”
• “Siobán Healy has a broad commercial law practice and is noted for her expertise in insurance work. She was instructed by claimants on litigation arising out of the Buncefield explosion.”
• a leading junior at the set. Her “perceptive take on cases” is popular with solicitors and she often acts for claimants and defendants in allegations relating to a range of non-medical professionals, most notably brokers.

Shipping and Commodities:

• highly recommended for her “no-nonsense, get-to-it attitude.” She has a “big fan club” of lawyers who rely on her expertise in shipping, international trade and commodities disputes.
• regarded as “on the verge of becoming a silk.” She wins the undiluted support of solicitors.
• well respected …, widely admired for the strength of her marine insurance practice and for her “fantastic expertise in commodities.”
• A “bright lawyer” with a commendable knowledge of commodities.
• Ex-solicitor Siobán Healy “is well regarded and has a good practice” that encompasses shipping commodities, international carriage of goods as well as insurance and general commercial work. “She runs her cases very resiliently” and has been acting for insurers in the long-running Metro litigation. She also appeared in a number of commodity and shipping arbitrations over the last year.

Legal 500 2007-2011

Commercial Arbitration:

• has a “very sharp mind; excellent at providing high-quality pleadings very quickly.”

• “Juniors making a name for themselves include Siobán Healy”

• “Siobán Healy frequently acts as counsel in insurance/reinsurance and maritime arbitrations and has sat as an arbitrator in several reinsurance disputes”

Commercial Litigation:

• "Noted for her 'astonishing grasp of detail'"
• “Alistair Schaff QC led Siobán Healy to success in the House of Lords against Jonathan Sumption QC and … Christopher Butcher QC”

Commodities:

• "Outstanding"
• “new silk Siobán Healy QC is very good for commodities and insurance”
• “a bright lawyer” with “good knowledge of commodities.”
• Siobán Healy is “very responsive, very helpful and clear-thinking” and benefits from her background as an international trade and commodities solicitor.

Insurance & Reinsurance:

• “ In Wasa v Lexington … Alistair Schaff QC led the ‘always impressive’ Siobán Healy QC to victory against … Christopher Butcher QC and … Jonathan Sumption QC”.
• “gets to grips with complex issues quickly.”

Professional Negligence:

• “enthusiastically recommended for the indemnity aspects of professional negligence actions.”

• “strong juniors like Siobán Healy all form part of a strong offering in the field”

Shipping:

• Senior junior Siobán Healy has “made a big impression in shipping law.”

• Siobán Healy has made a big impression in shipping work; “she must be close to silk’ said solicitors and peers alike repeatedly – she is rightly promoted to the first rank”