Timothy Brenton commenced practice at chambers in Essex Court in 1982. In February 2001 he moved to 7 King’s Bench Walk.

The early years of his practice centred upon shipping disputes. During this time he obtained a broad range of experience covering all aspects of shipping and shipping related work. In 1991 he was appointed standing counsel to the Treasury Solicitor in Admiralty and Shipping matters. He has been instructed in many major marine casualties including the capsize of the "Herald of Free Enterprise", the loss of the "Derbyshire", the grounding of the "Sea Empress" and the structural failure of the “MSC Napoli”.

Today his practice covers a broad range of commercial disputes concerning such matters as international trade, shipping, ship building, energy, off-shore construction, insurance (both marine and non-marine), sale of goods, commercial fraud, commercial contracts and jurisdiction.

He regularly appears as an advocate in the Commercial and Admiralty Court in London and in commercial arbitrations. He has appeared in the House of Lords and in the European Court.

He has acted as an expert witness on English Law in connection with foreign proceedings. Such work has included written opinions relating to the avoidance of contractual obligations on the grounds of illegality, the validity of ship’s mortgages and the meaning and effect of P&I Club Rules.

University of Bristol: LLB, first class (1979)

Sub-Lt. Royal Navy: 1975 – 1979

Lecturer in Law, King’s College London: 1980

Standing Counsel to the Treasury Solicitor in shipping matters: 1991 -1998

Member of the editorial board of the International Maritime Law Journal: 1995 – 2000

Member of the panel of Lloyd’s Arbitrators: 2009 to date

Member of the Admiralty Court users committee

Member of COMBAR

Member of the LCLCBA

Supporting member of the LMAA.

Timothy Brenton is a member of the panel of Lloyds Arbitrators.

In addition, he has been appointed arbitrator in a variety of cases, including arbitrations conducted under the Rules of the London International Court of Arbitration, the Admiralty Solicitor’s Group and the London Marine Arbitrators Association.

Recent appointments have covered ship repairers’ liability, reinsurance, and charterparty disputes.

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

Instructions in the field of general commercial litigation have covered a broad spectrum of work. By way of example, recent instructions have related to secret profits allegedly obtained by employees of a major PLC, the breakdown of an international joint venture agreement, the repudiation of a container sale agreement, rights of indemnity under an aircraft lease, the construction and effect of warehouseman’s terms of business, negligence of insurance brokers, accountants and solicitors.

Selected cases:

• Crown River Cruises Ltd. v Kimbolton Fireworks Ltd. [1996] 2 Lloyds Rep.533 - Claim in negligence, public and private nuisance and Rylands v Fletcher arising out of fire following a firework display.
• NFFO v Inshore Services (International Ltd) [2001] CA – Dispute involving the tort of procuring a breach of contract.
• JSC Zestafoni v Ronly Holdings [2004] 2 Lloyds Rep. 335 - Sale and purchase dispute. Issues as to jurisdiction of arbitrator.
• Cable & Wireless v Valentine [2005] - Claim for alleged secret profits, breach of fiduciary duty and economic torts.  (Case settled during trial)
• Rosenberg v Nazarov and others [2009] – Claims for breach of partnership duties and conspiracy arising out of an alleged partnership relating to an international barter agreement. (Case settled shortly before trial).
• Tryggingarfelagio Foroyar P/F v CPT Empressa SA [2011] All ER (D) 216 - Claim for anti-suit injunction. Contractual issues as to the incorporation of standard terms.

As regards marine insurance, recent instructions relating to hull insurance (including oil installations) have involved such issues as non disclosure, misrepresentation, unseaworthiness with the privity of the assured, the operation of a peril insured against, sue and labour, breach of warranty, and deliberate casting away.

With regard to cargo insurance, instructions have included disputes as to the period and scope of cover, the operation of a peril insured against and the quantum recoverable under the terms of the policy.

As regards P&I insurance, instructions have included issues as to the proper construction of the Club Rules, the rights of third parties under the Third Parties Rights Against Insurers Act, the right of the Club to rely as against a third party upon an arbitration clause contained in the Rules, the presentation of allegedly fraudulent claims, the operation of the "misdirected arrow" clause, the liability of co-assureds for Club calls, recovery of anti oil pollution costs and wreck removal expenses, and disputes as to the exercise of the Club’s discretion.

War risks instructions have included issues of illegality, incorporation and effect of express terms, and misrepresentation.

Instructions relating to non marine insurance have included claims arising out of the loss of wine from a large city bonded warehouse; claims arising out of the alleged loss of a consignment of gold being shipped by air from Africa to the USA; claims relating to import risk insurance; repairers' liability claims; claims under solicitors's negligence policies; claims arising from business interruption policy.

The majority of the cases under this head have either involved confidential arbitrations, have settled before trial or are on-going. However, cases include:

Selected cases:

• Craft Enterprises (International) Ltd v AXA  [2005] Lloyds Rep I.R.14 – Operation of law and jurisdiction in context of Marine Open Cover.
• Beazley v Horizon [2005] Lloyd's Rep I.R.231. - Marine insurance, damage to pipe laying barge by fire.
• Sea Trade v Hellenic Mutual War Risks Association [2007] 1 Lloyds Rep 280 – War risk insurance; total loss; incorporation of arbitration clause.
• The “Alexandros T” [2009] – Marine insurance; total loss; alleged non-disclosure; alleged unseaworthiness with privity. (Settled shortly before trial)
• The “George T” [2010] – Marine insurance; operation of a peril insured against. (Case ongoing)

Timothy Brenton’s experience covers all aspects of shipping work. Thus, for example, he frequently receives instructions relating to a range of bill of lading and charterparty disputes (involving both dry and liquid cargoes). Such instructions include unseaworthiness issues, unsafe port disputes, dangerous cargo issues, cargo damage claims, off-hire disputes, general average and limitation of liability. In addition, he is frequently instructed in ship construction, ship sale, and ship repair disputes.

Selected cases:

• The Kamsar Voyager [2002] 2 Lloyds Rep. 57 – Bill of lading, breakdown of vessel, whether due to unseaworthiness.
• The "Torepo"  [2002] 2 Loyds Rep. 535 – Bill of lading, grounding, whether due to unseaworthiness.
• The “Hassat” [2004] Bill of lading, whether casualty caused by actionable unseaworthiness. (Opponents conceded liability during trial).
• The "Kamilla" [2006] 2 Lloyds Rep 238 - construction of Inter Club Agreement.
• Tidebrook Maritime Corp v Vitol SA [2006] 2 Lloyds Rep 251 – construction and effect of laytime provisions.
• Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] WLR (D) 230 – Appeal from arbitration award; the measure of damages in a claim for wasted expenditure.

Recent shipping arbitrations include:

Shipbuilding disputes arising out of the 2008 global financial crisis; claims under a Norwegian Sale Form; claims arising out of the sale of a FPSO; unsafe port claims; the effectiveness, under Italian law, of an exclusion clause as a defence to a claim for damage to a jetty.

Other shipping related litigations:

Timothy Brenton has appeared before the Criminal Courts of Appeal, both in England and in Hong Kong, in relation to convictions arising out of shipping related events.

Offshore construction and exploration:

Recent instructions relating to off-shore construction and exploration have included disputes as to the compliance with specification of complex drill ships; insurance claims concerning offshore units; disputes concerning damage to offshore equipment; claims arising out of damage sustained by a jack-up rig during pre-load operations; the salvage of a PDQ in the Gulf of Mexico.

Timothy Brenton has been instructed in many disputes which fall within the Admiralty jurisdiction of the High Court. Such disputes cover a wide variety of topics but include collisions at sea, salvage, towage, claims arising out of oil pollution incidents, ship repair disputes, ship mortgage disputes, investigations into the competence of seafarers and pilotage inquiries.

Selected cases:

•  The "Navios Enterprise" c/w "Puritan" [1998] 1 Lloyds Rep.16 - collision arising out of an engine breakdown whilst caught in the middle of Hurricane Andrew, Gulf of Mexico.
• The "Enil" c/w "Alexia" [1999] 1 Lloyds Rep 643 - collision off the Mississippi Delta involving crossing vessels.
• The “Mineral Dampier” c/w “Hanjin Madras” [2000] 1 Lloyds Rep. 282 – collision involving crossing vessels.
• The "Turiddu" [2000] ICR 354 - dispute as to whether maritime lien is extinguished by voluntary payment.
• The “Pearl” c/w “Jahre Venture” [2003] 2 Lloyds Rep. 188 – collision involving vessels in crowded anchorage.
• The "Key Singapore" [2005] 1 Lloyds's Rep. 91. Salvage. Effect of fault on part of salvor. Article 18 of the Salvage Convention.
• The “Voutakos” [2008] 2 Lloyds Rep 516. Salvage. The relevance of commercial rates when assessing salvage remuneration.
• The “Ocean Crown” [2010] 1 Lloyds Rep 468. Salvage. Appeal to High Court arising out of second highest ever award under LOF.
• The “Sea Express 1” c/w “Alaska Rainbow” [2010] EWHC 3180 – collision in dense fog.

Judicial review is not a central part of Timothy Brenton’s practice but instructions to appear before the Divisional Court have arisen from time to time.

Selected cases:

• R v Mr. G. Darling QC (sitting as a wreck commissioner) ex parte Swan Hunter Ship Builders Ltd. [1992] 1 Lloyds Rep. 497 - judicial review of a wreck commissioners’ decision as to costs of a public inquiry.
• R v Carrick District Counsel ex parte Prankerd [1998] 2 Lloyds Rep. 675. - instructed as amicus curiae in relation to a dispute as to whether a harbour Authority had jurisdiction to distrain a vessel for non payment of mooring fees.

Timothy Brenton has been instructed in a wide variety of procedural and interlocutory disputes including issues as to jurisdiction, applications to stay English proceedings in favour of a foreign jurisdiction, applications to obtain and to discharge interlocutory injunctions, including freezing orders, etc.

Selected cases:

• The "Veracruz" [1992] 1 Lloyds Rep. 353 - (Court of Appeal), freezing order, whether available in anticipation of a cause of action.
• The “Turiddu” [1999] 2 Lloyds Rep 401 – (Court of Appeal), admiralty practice and maritime liens.
• Craft Enterprises (International) Ltd. V AXA [2005] Lloyds Rep I.R.14 – Construction and effect of law and jurisdictional clause.
• Beazley v Horizon Offshore Contractors Inc. [2005] Lloyds Rep I.R.231 - anti-suit injunction involving non-EC country.
• The "Front Comor", [2009] 1 AC 1138 – whether an anti-suit injunction in support of an agreement to arbitrate is compatible with EU Regulation No. 44/2001.

Timothy Brenton has appeared before a wide range of arbitral tribunals including those constituted under the rules of the ICC, the LCIA, the LMAA, and the terms of LOF.

Selected cases:

• Beazley v Horizon Offshore Contractors Inc. [2005] Lloyds Rep I.R.231 - anti-suit injunction involving non-EC country.
• The "Front Comor", [2009] 1 AC 1138 – whether an anti-suit injunction in support of an agreement to arbitrate is compatible with EU Regulation No. 44/2001.
• Tryggingarfelagio Foroyor P/F v CPT Empressa SA [2011] All ER (D) 216 - Claim for anti-suit injunction. 

Chambers UK (2012) – Listed in band 1 of leading shipping silks and listed amounst the leading silks for energy work.

• Timothy Brenton QC, 7KBW's leading admiralty practitioner, is highly rated for his deep understanding of technical shipping matters. Sources say: “If you are faced with a very technical case, you simply can't do any better than Brenton. No one else out there has got the experience, energy and determination to understand the tricky points to the degree where he knows more than the expert witness does.” Recent highlights for him include acting in The Rocknes and representing the owners in the Ocean Crown case.
• Timothy Brenton QC draws on his maritime background to expertly handle offshore energy disputes.

Legal 500 (2009) - Listed amongst the leading silks for shipping and energy work.

• “One of the top two silks for cases with significant technical content.”