Timothy Saloman QC
Year of Call: 1975
Year of Silk: 1993
email: tsaloman@7kbw.co.uk
Principal areas of practice: international commercial work, in court and
arbitration: notably shipping, insurance, reinsurance (marine and
non-marine), sale of goods; disputes involving States or state
corporations, state immunity, and jurisdictional disputes in Court and
arbitration.
Has extensive experience as an advocate in England in the High Court and
appellate courts and in arbitration tribunals; he has also appeared as
an advocate in the Supreme Courts of Cyprus (shipping), Bermuda
(insurance), and British Indian Ocean Territories (shipping).
Appears in successive editions of 'Legal Experts'
Has given expert evidence on English law in foreign proceedings in the
USA (reinsurance litigation), and France (shipping and jurisdictional
disputes).
Has acted as arbitrator in commercial/insurance disputes; member of the
Commercial Bar Association; and supporting member of the London Maritime
Arbitrators' Association.
Since the 1980's Mr. Saloman’s practice has mainly comprised shipping,
insurance and other commercial law cases in the Admiralty and Commercial
Courts, and before arbitration tribunals.
Arbitration disputes, and disputes as to the existence of arbitral or
court jurisdiction (English or foreign) have been recurrent throughout
Mr. Saloman’s career.
Selected cases:
- “GAUL” - Re-opened Formal Investigation into the Loss of the Hull trawler in February 1974 (2004) (Mr. Saloman appeared as Counsel for the Crew Families)
- Sabah Shipyards v Islamic Republic of Pakistan [2003] 2 Lloyd's Rep. 503. (state immunity, anti-suit injunctions)
- Beursgracht [2002] 1 Lloyd's Rep. 574 (marine insurance, open covers )
- David Agmashabeli [2002] 2 All ER (Comm) 806 (Carriage of Goods by Sea Acts and the Master's duties as to the clausing of bills of lading)
- Commerzbank AG v PLD Telecom (February - May 2000,
instructed by Commerzbank, Allen & Overy), litigation over option to
purchase shares in Russian telecommunications company, contractual
injunction in support of arbitration; confidentiality issues).
- Sierra Leone Telecommunications Co. Ltd. v Barclays Bank plc [1998] 2 All ER 821 (Commercial Court).
- Credit Suisse Financial Products v. Societe Generale D' Enterprises [1997] CLC 168. (C.A.). ISDA contract, and exclusive jurisdiction
agreement - enforceability under Article 17 of the Brussels Convention -
interpretation of International Swap Dealers Association (ISDA)
contract terms.
- Marc Rich (renamed Glencore) v. Portman [1996] 1 Lloyd's
Rep. 430 (Longmore J.) and [1997] 1 Lloyd's 225 (C.A. - appeal
dismissed). Breach of warranty and non-disclosure under a Charterers
liability insurance policy. In C.A., a leading decision on the
discloseability of an adverse loss history.
- Owners of vessel Zeus v Bimeh Iran Insurance Co. Ltd [1996] (marine insurance dispute arising from exocet missile damage, Commercial Court)
- Pan Atlantic Insurance Co. Ltd v. Pine Top Insurance Co. Ltd [1995] 1 A.C. 501 (H.L.). The leading modern case on the test of materiality and the requirement of inducement in insurance contracts.
- Balkanbank v. Taher [1995] 1 WLR 1057 (C.A.) (No. 1) and [1995] 1 WLR 1067 (C.A.) (No.2). Jurisdiction disputes arising from worldwide Mareva injunction in aid of foreign proceedings.
- Nowsco v. Occidental Petroleum (C.A.), unreported; dispute concerning the construction of an offshore oil supply contract following destruction of property on the Piper Alpha oil platform.
- Littrell v. United States of America [1995] 1 WLR 82 (C.A.). State immunity of U.S.A. for personal injuries inflicted on an army officer at a hospital on the RAF Lakenheath N.A.T.O. base.
- Yona International v La Reunion Francaise (1995-1996) (expropriation of a Liberian timber concession, claims under a Lloyd's C.E.N.D. policy, Commercial Court)
1964-1968: Charterhouse
1969-1973: Lincoln College Oxford, Open Scholar Classics. Hon. Mods. Classics (1971), B.A. - Jurisprudence (1973) Oxon.
1973-1974: French Government Scholar at University of Aix-Marseille (French/ European law).
June 1976: Commenced practice at the Bar.
March 1993: Appointed Queen's Counsel.
May 2003: Elected Master of the Bench of the Honourable Society of the Middle Temple.
Recorder of the Crown Court.
Languages:
French, and some Italian
Appointments
Timothy Saloman Q.C. accepts appointments as arbitrator in all commercial disputes.
Timothy Saloman QC specialises in the following areas:
Admiralty
Typical Admiralty Court cases have involved disputes about ships or ship arrests.
Selected cases:
- The Rewia [1991] 1 Lloyd's Rep 69; [1991] 2 Lloyd's Rep
325 C.A Carriage by sea - Stay of action - Forum convenien - Plaintiffs
claimed damages for short delivery - Whether carrier a proper or
necessary party to action - Whether carrier domiciled and principle
place of business in Germany - Whether Germany more appropriate forum -
Whether action should be stayed - Civil Jurisdiction and Judgments Act,
1982, Schedule 1, arts. 2, 17.
- A v. B [1984] 1 All ER 265 Solicitor – Lien – Retaining
lien – Solicitor discharging himself in course of action – Non-payment
of costs – Solicitor entering default judgment for amount of unpaid
costs – Solicitor arresting client's vessel to secure payment of costs –
Client applying for order that papers in action be handed over to new
solicitor instructed by client – Whether arrest of vessel providing
alternative security to lien – Whether solicitor waiving lien – Whether
exceptional circumstances existing justifying court in refusing to order
solicitor to hand over papers to new solicitor.
- The Saudi Prince No. 1 [1982] 2 Lloyd's Rep 255 Admiralty
practice - Damage to cargo - Arrest of vessel - Defendants denied
ownership of vessel - Whether jurisdiction of Court could be invoked -
Whether vessel beneficially owned by defendant - Whether writ and all
subsequent proceedings should be set aside - Administration of Justice
Act, 1956, s. 3 (4).
- The Aventicum [1978] 2 Lloyd's Rep 184 practice-Action in rem-Jurisdiction- Whether vessel beneficially owned by defendants- Whether writ and all subsequent proceedings should be set aside for lack of jurisdiction- Whether cargo-owners' action time barred- Administration of Justice Act, 1956, s.3(4)- R.S.C., O. 18, r. 19.
Commodity damage disputes:
- The David Agmashabeli (2001-2002) (Carriage of Goods by
Sea Act 1971; damage to cargo and Master's duties as to the clausing
bills of lading) [2002] All ER 806 (Comm).
- Derby Resources A.G. v Blue Corinth Marine Co - The Athenian Harmony [1998] 2 Lloyd's Rep 410 (principles for assessing compensation for loss of or damage to goods) and 425 (Court's approach to delay; discount rate of interest rather than period).
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Insurance & Reinsurance
In the insurance/reinsurance field Mr. Saloman has been instructed in many cases, including many leading cases.
Selected cases:
- Beursgracht [2002] 1 Lloyd's Rep. 574 (CA) (marine open cover insurance)
- Owners of Vessel Pacifica v China Insurance Company (1999-2000) (marine insurance total loss)
- Kennedy & Donkin v CGU Insurance (1998- 99)(insurance disputes arising from fatal Accidents on the Sheffield Supertram Railway system)
- FAI v Charman Syndicates (1998) (Lloyds reinsurance dispute in Australian courts)
- Metropolitan Life Insurance Company (1998) (expert declaration on the underwriting of insurance policies in the U.K.and their legality for U.S. Court)
- Marc Rich (renamed Glencore) v. Portman [1996] 1 Lloyd's Rep. 430 (Longmore J.) and [1997] 1 Lloyd's Rep 225 (C.A).
- N. T. W. Bullen (Lloyd's Synd 225 ) & 8209; Excess Insurance (1996) (arbitration:LMX spiral dispute)
- Owners of vessel Zeus v Bimeh Iran Insurance Co. Ltd [1996] (marine insurance case arising from missile damage, Commercial Court)
- Yona International v La Reunion Francaise (1995- 1996) (expropriation of a Liberian timber concession, claims under a Lloyd's C.E.N.D. policy, Commercial Court)
- Bucks Printing Press v Prudential Assurance [1994] 3 Re.L.R. 219
- Deeny & Others v Gooda Walker Ltd (1993) (Lloyd’s excess of loss reinsurance disputes, Commercial Court)
- Harbour Assurance Co ( UK ) v Kansa General International Ins.Co. [1993]
QB 701 Arbitration - Arbitrator - Jurisdiction - Dispute under
reinsurance contracts - Allegation of illegality - Whether illegality
dispute covered by arbitration clause - Whether arbitration clause
severable - Whether defendants entitled to stay of action
- Pan Atlantic Insurance Co. Ltd v. Pine Top Insurance Co. Ltd [1992] Lloyd's Rep 101; [1993] 1 Lloyd's Rep . 496, C.A.; [1995] 1 A.C. 501 (H.L.).
- Pacific & General Insurance Co Ltd & 8209 Fremont Indemnity & Reinsurance Company [1990] (reinsurance treaty dispute in the English and Californian courts)
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Professional Negligence
Mr. Saloman has also appeared successfully in High Court professional negligence issue trials.
Selected cases:
- W.A.Holdings v Cooper & Lybrand , and Grey Holdings v Grundberg Mocatta (1997).
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Jurisdiction/Conflicts of Laws
Disputes involving States, and State-owned agencies, have given rise to many instructions.
Selected cases:
- Highland Crusader Offshore Partners -v- Deutsche Bank AG [2009] EWCA Civ 725 Civ a dispute between Highland and Deutsche Bank in
relation to contracts, which contained a non-exclusive English
jurisdiction clause. The clause provided that both parties submitted
irrevocably to the English jurisdiction, and appointed agents for
service there, but that nothing in the foregoing was to limit the right
of either party to take proceedings in the courts of any other country
of competent jurisdiction.
- Svenska Petroleum v Government of Lithuania [2005] (proceedings to enforce ICC arbitration award against Lithuania)
- Sabah Shipyards v Islamic Republic of Pakistan [2003] 2
Lloyd's Rep. 503 (C.A.).(ICC Arbitration Award - Pakistan’s claim of
state immunity to the client’s anti-suit injunction proceedings rejected
by the Commercial Court and on appeal)
- Sierra Leone Telecommunications Co. Ltd. v Barclays Bank plc. [
1998] 2 All ER 821 (Commercial Court). Whether the authority of
signatories to a bank mandate had been duly revoked by the Government of
Sierra Leone in exile; and whether the military Junta which held the
capital city and parts of the country constituted the de facto
government of Sierra Leone
- Littrell v. United States of America [1995] 1 WLR 82 (C.A.) (USA’s sovereign immunity for personal injuries occasioned at a military base hospital).
- Re The Embassy of Iraq and Rafidain Bank [1992] BCLC 301 (non-immunity of Iraqi Embassy bank accounts in winding-up);
- Alcom v. Republic of Colombia [1984] A.C. 580; H.L. (immunity of Colombia from garnishee proceedings against funds in its Embassy’s bank account);
- I Congreso Del Partido [1983] A.C. 244; H.L. (proceedings against State owned Cuban vessel following the rupture of relations between Cuba and Chile);
- Czarnikow v. Rolimpex [1979] A.C. 351; H.L. (arbitration
arising from Polish export ban: whether Rolimpex was an agent or organ
of the Polish State and could claim force majeure);
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Shipping
Commercial Court cases have involved disputes about the scope of
arbitration clauses in bills of lading or charterparties.
Selected cases:
- Fal Bunkering v. Grecale [1990] 1 Lloyd's Rep 360
Arbitration - Security for costs - LMAA Terms - Owners applied for
security for costs - Whether LMAA Terms incorporated in agreement or by
implication or usage - Whether arbitrators had jurisdiction to make
order for security for costs.
- The Saudi Prince No. 2 [1988] 1
Lloyd's Rep 1 (C.A.) Carriage by sea - Bill of lading - Non-delivery and
damage to cargo - Whether owners liable under Italian law - Whether
owners could rely on Hague Rules - Whether owners liable for
incompetence of stevedores - Quantum.
- Emmanuel
Colocotronis [1982] 1 W.L.R. 1096 Shipping - Charterparty - Arbitration clause - Bill of lading - Incorporation of
conditions of charterparty - Whether arbitration clause incorporated into bill
of lading
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Banking and Finance
Selected cases:
- Commerzbank AG v PLD Telecom (2000) - litigation over option to purchase shares in Russian telecommunications company,
contractual injunction in support of arbitration; confidentiality issues).
- BCCI v Gokal litigation (1999) - telephone company share options litigation
- The Balkanbank litigation [1995] 1 WLR 1057 (C.A.) (No. 1) and [1995] 1 WLR 1067 (C.A.) (No.2) -
Jurisdiction disputes arising from worldwide Mareva injunction in aid of foreign
proceedings.
- Hyundai v
Papadopoulos [1980] 2 Lloyd's Rep 1 (H.L.) - the enforceability of
commercial guarantees
- Jade International v. Robert Nicholas [1978] Q.B.
917, (C.A.) - Bill of Exchange - Notice of dishonour - Claim by holder for payment - Dishonoured bill of exchange returned to drawer by holder in due course - Drawer applying as holder of bill for summary judgment - Whether his rights to payment those of holder in due course - Bills of Exchange Act 1882 (45 & 46 Vict. c. 61), s. 29 (3)1
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Arbitration
Arbitration disputes, and disputes as to the existence of arbitral or
court jurisdiction (English or foreign) have been recurrent throughout
Mr. Saloman’s career.
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Injunctions & Arrests
Selected cases:
- Highland Crusader Offshore Partners -v- Deutsche Bank AG [2009] EWCA Civ 725 Civ a dispute between Highland and Deutsche Bank in
relation to contracts, which contained a non-exclusive English
jurisdiction clause. The clause provided that both parties submitted
irrevocably to the English jurisdiction, and appointed agents for
service there, but that nothing in the foregoing was to limit the right
of either party to take proceedings in the courts of any other country
of competent jurisdiction.
- Sabah Shipyards v Islamic Republic of Pakistan [2003] 2
Lloyd's Rep. 503 (C.A.).(ICC Arbitration Award - Pakistan’s claim of
state immunity to the client’s anti-suit injunction proceedings rejected
by the Commercial Court and on appeal)
- The Balkanbank litigation [1995] 1 WLR 1057 (C.A.) (No.
1) and [1995] 1 WLR 1067 (C.A.) (No.2).
- A v. B [1984] 1 All ER 265 Solicitor – Lien – Retaining
lien – Solicitor discharging himself in course of action – Non-payment
of costs – Solicitor entering default judgment for amount of unpaid
costs – Solicitor arresting client's vessel to secure payment of costs –
Client applying for order that papers in action be handed over to new
solicitor instructed by client – Whether arrest of vessel providing
alternative security to lien – Whether solicitor waiving lien – Whether
exceptional circumstances existing justifying court in refusing to order
solicitor to hand over papers to new solicitor.
- The Saudi Prince No. 1 [1982] 2 Lloyd's Rep 255 Admiralty
practice - Damage to cargo - Arrest of vessel - Defendants denied
ownership of vessel - Whether jurisdiction of Court could be invoked -
Whether vessel beneficially owned by defendant - Whether writ and all
subsequent proceedings should be set aside - Administration of Justice
Act, 1956, s. 3 (4).
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