Nicholas Craig KC

Demonstrating “many strengths in his written work and oral advocacy” and, “a fine advocate and tactician”, Nicholas has been recommended in the directories for international arbitration for a number of years. Recognised as someone who “destroys his opponents”, he has appeared as sole or lead counsel in commercial arbitrations conducted under ICC, LCIA, SIAC, DIAC, AAA, SCC and UNCITRAL rules as well as ad hoc arbitrations in a wide range of disputes with seats in London, New York, Dubai, Miami, Hong Kong, Singapore and Stockholm. By virtue of this experience, he is well accustomed to acting as counsel against opponents from other jurisdictions. Nicholas also has experience of arbitrations before many of the international trade associations (including the LME, the RSA, FOSFA, GAFTA and the ICA) and the LMAA. He is often instructed on applications to Court in connection with international arbitrations.

Commercial arbitrations:

Some of the cases in which Nicholas has been involved are as follows (due to the confidential nature of these disputes only limited details can be given):

Lead Counsel for the Claimant in four consolidated arbitrations under UNCITRAL Rules administered by the PCA and seated in New York against an international inter-governmental organisation concerning disputes arising under contracts for the provision of goods and services.

Counsel for the Claimant in an LCIA arbitration seated in London for monies due under an agreement for the sale of shares in four companies with assets in Russia.

Lead Counsel for a Respondents in an LCIA arbitration seated in London in respect of a claim for alleged breaches of restrictive covenants in an agreement for the purchase of shares in a company operating a digital advertising business.

Counsel for the Respondents in an LCIA arbitration seated in London concerning disputes that had arisen with a sponsor investor under a number of shareholders agreements: wide-ranging allegations of fraud and dishonesty in several European jurisdictions were made.

Counsel for the Claimant in an ICC arbitration seated in Dubai in a dispute arising under a policy of credit risk insurance involving, in addition to the original insured, a number of different banks.

Acting for an entity involved in the construction of a hotel development in Dubai following termination of contractual arrangements.

Sole Counsel for the Claimant in an ICC arbitration seated in New York arising out of the termination of an agreement for the manufacture and distribution of a product to be used in the life sciences sector.

Sole Counsel for the Claimant in an arbitration under UNCITRAL Rules seated in London arising out of a dispute over the ownership of an airport fuel facility.

Lead Counsel for the Respondent in a DIAC arbitration seated in Dubai arising out of a dispute following the termination of an agreement to provide armed escorts for vehicles supplying troops in a war zone.

Sole Counsel for the Claimant in an ICC arbitration seated in Hong Kong arising out of a dispute following the termination of an agreement for the manufacture and distribution of a pharmaceutical product.

Sole Counsel for the Claimant in an ICDR arbitration (AAA Rules) seated in Miami in a dispute under a share purchase agreement following the sale of a downstream petroleum business on a Caribbean island.

Acted for the Respondent in an ICC arbitration concerned with a dispute over the right to commission following the sale of a gas field in the Ukraine.

Sole Counsel for the Claimant in an ICC arbitration seated in Singapore in a dispute under a joint venture agreement in connection with the rights to coal-bed methane deposits in an area in Indonesia.

Sole Counsel for the Respondent in a SCC arbitration seated in Stockholm arising out of a dispute between a Russian bank and an investment company.

Acted in an ad hoc arbitration in a claim by a company in administration and various insurers in a claim for an indemnity against a mutual insurance company which had provided professional indemnity cover.

Sole Counsel for the Claimant in an ICC arbitration arising out of a dispute following the termination of an agreement to supply a pharmaceutical product.

Sole Counsel for the Claimant in a LCIA arbitration concerned with a claim against marine warranty surveyors following the loss of part of an oil platform during the load-out.

Sole Counsel for the Respondent in a LCIA arbitration arising out a dispute under a contract for the sale of bio-diesel.

Sole Counsel for the Respondent in an ICC arbitration arising out of a dispute under an inter-state contract for the supply of arms.

Court applications:

Nicholas has a wealth of experience in making applications to Court in connection with arbitrations including anti-suit injunctions, applications for a stay under s9 of the Arbitration Act 1996, applications under ss67, 68 and 69 of the Act and applications to enforce Awards. In addition to regular appearances in the Commercial Court on such applications, he has also made arbitration related applications in the DIFC Court.

Some of the reported cases in which he has been involved include the following:

P v D, E and F [2019] EWHC 1277 (Comm).  Acted on behalf of applicant in s68 challenge where the issue was whether arbitrators had breached their duty to act fairly and impartially as between the parties by reaching a decision on a core issue without the applicant’s main witness being cross-examined on the issue and by basing their decision on an issue which had not been argued.

Silverburn Shipping (IOM) Ltd v Ark Shipping Co LLC [2019] 1 Lloyd’s Rep 554.  Appeal to the Commercial Court under s69 of the Arbitration Act 1996.

Golden Ocean Group Limited v Humpuss Intermoda Transportasi Tbk Ltd [2013] EWHC 1240 (Comm); [2013] 2 Lloyd’s Rep 421. Acted on behalf of company opposing an application to serve it out of the jurisdiction on grounds that there was an arbitration agreement between the parties which the Claimant contended was void for mistake.

AIOI Nissay Dowa Insurance Co v Heraldglen Ltd [2013] EWHC 154 (Comm); [2013] Lloyd’s Rep IR 281. Acted on behalf of reinsurers in a claim against retrocessionaires in respect of losses suffered by reason of some of the events of 9/11 in s69 challenge by retrocessionaires.

CMA CGM Marseille v Petro Broker International [2011] EWCA Civ 461; [2011] Arb LR 11. Acted for party with an arbitration award in its favour which sought to retain monies that had been paid into court to secure a without notice freezing order.

Michael Wilson & Partners v John Forster Emmott [2008] 1 Lloyd’s Rep 616. Duty of confidentiality in arbitration.

Bulk Trading v AP Moeller [2007] 1 Lloyd’s Rep 61. Acted for Bulk Trading in arbitration where it had not received proper notice of the commencement of the arbitration; section 72 of the Arbitration Act.

CSAV v MS ER Hamburg Schiffahrtsgesellschaft MbH & Co KG [2006] 2 Lloyd’s Rep 66. Appeal to the Commercial Court under ss68, 69 of the Arbitration Act 1996.

World Trade Corporation v C Czarnikow Sugar Limited [2005] 1 Lloyd’s Rep 422. Meaning and effect of sections 57 and 68 of the Arbitration Act 1996.

In addition to acting as arbitration counsel, Nicholas Craig is increasingly in demand as an arbitrator. He has been appointed by a number of leading arbitration firms as well as by the ICC Court and the LCIA Court (for arbitrations both under LCIA and DIFC-LCIA Rules) as sole arbitrator, chair and panel member. His experience includes the following appointments:

• appointed by one of the parties in a DIFC-LCIA arbitration in respect of a claim for monies said to be due (about €130 million) under a syndicated revolving trade finance facility.
• appointed by one of the parties in a LCIA arbitration in a claim for monies said to be due under various loan agreements totalling US$1.3 billion
• appointed by one of the parties in a DIFC-LCIA arbitration in respect of a dispute concerning the investment in and management of a defence and aerospace entity
• appointed by the parties as sole arbitrator in a LCIA arbitration in a dispute following the winding up of a joint venture to supply certain telecommunications services to a number of countries in sub-Saharan Africa.
• appointed by one of the parties in a LCIA arbitration in a claim for monies said to be due under a facility agreement.
• appointed by the DIFC-LCIA as chair of a tribunal in a dispute arising under a share purchase agreement (of an aerospace business)
• appointed by the DIFC-LCIA as sole arbitrator in a dispute concerned with the supply of software and associated services to a fleet of helicopters and aircraft.
• appointed by one of the parties in a LCIA arbitration in respect of monies said to be due to a bookrunner following an IPO.
• appointed by the ICC as sole arbitrator in a dispute concerning the alleged contamination of a cargo of diesel oil
• appointed by one of the parties in a LCIA arbitration in respect of disputes arising under an Offtake Agreement (for metal concentrates).
• appointed by the LCIA as sole arbitrator in respect of a claim by a precious metal refiner for monies said to be due under a framework agreement for the purchase of precious metals
• appointed as sole arbitrator by the LCIA in respect of a claim for monies said to be due under a contract for the sale and purchase of diesel oil.
• appointed by the LCIA as one of three members of a Tribunal in a dispute concerning a contract for the sale and purchase of cargoes of anthracite.

Nicholas has experience on the commercial side of aviation, particularly of aircraft leases and insurance.  Some of the cases in which he has been involved include the following:

Acting for the lessee of two commercial aircraft in a claim for damages for alleged lost rental income and for repair/maintenance costs.

Acting for the lessor of a commercial aircraft in claims for rent and supplemental rent as well as redelivery against a Bulgarian airline.

PAFCO A319/1886 SPV Ltd v National Private Air Transport Services (National Air Services) Limited & ors.   Acting for lessor in a claim against a Saudi Arabian airline in connection with monies due under the lease for rent and supplemental rent and the enforcement of the lessee’s maintenance obligations.

AWAS v Kingfisher Airlines & ors. Acted for various entities managed by AWAS in claims for monies due from Kingfisher under 5 aircraft leases.   He obtained summary judgment (from Cooke J) in the total sum of about US$100 million in June 2014

HSH Nordbank AG v SAAD Air (A320 No. 2) Ltd [2012] EWHC 3213.  Acted on behalf of Swiss company seeking evidence filed with the Court on a summary judgment application.

Acted for a lessee in a potential claim against a lessor where the lessor alleged that the lessee was in default and in consequence it was entitled to make a demand on a standby letter of credit (resolved confidentially).

Acted for various lessors in arbitration before the LCIA following the default under a number of leases by a Russian airline.

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd [2011] 1 Lloyd’s Rep 9.  Acted for the lessor of 3 commercial aircraft in a claim by the lessee for relief against forfeiture.

Aviation Development International Ltd v CJSC Russptsstal. Acting for the third party owner of an aircraft against which the claimants were seeking to enforce judgment in default obtained against the defendant.

Acted for a broker in connection with a potential claim concerning the placement of insurance for a number of different aircraft on the AVN 67B wording.

Nicholas regularly acts for both retail and investment banks and other financial institutions and has particular experience of ISDA, futures contracts as traded on various exchanges, invoice discounting agreements, syndicated loans and mortgages (particularly ship mortgages) and guarantees.  Some of the matters in which he has recently been involved include the following:

Alliance Bank JSC v Zhunus & ors [2015] EWHC 714 (Comm).  Acting for a Kazakh bank in a claim against a number of individuals for an alleged fraud for approximately US$300 million.

Banks v Barclays Bank.  Instructed by Barclays Bank in connection with the proper construction of a Deed of Priorities.

Tuthill v Equine FX Ltd [2013] EWHC 1207 (Comm).  Acted for claimant who was the victim of a £2 million fraud following a foreign exchange transaction.

Acted for Bayerische Landesbank in a dispute with Sparebanken Oest arising out of a syndicated loan agreement to an Icelandic entity in which they had both participated and under which Bayerische Landesbank was also the facility agent.

Acted for a trader in a dispute with its bank over the way in which a swap had been effected under contracts subject to the ISDA Master Agreement.

Advising in connection with the closing out of positions on a number of derivative instruments under the ISDA Master Agreement terms.

Acted for an investment bank in relation to monies owed under a trading account for margin calls (subject to arbitration before the London Metals Exchange).

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm).  Acted for a buyer of steel scrap claiming under a guarantee.

Falcon Relative Value Fund Limited v Standard Bank plc.  Acting for Standard Bank in a dispute over the allocation of deposits under a number of ISDAs.

Barclays Bank v Sensation Yachts.  Acted for bank in relation to mortgage over £18 million yacht.

Acting for a bank in connection with a dispute arising under an invoice discounting agreement.

Furnished advice to a bank on a ship mortgage for the purpose of proceedings in California.

Acting for an investment bank in connection with disputes arising under a number of futures gasoil contracts (traded on ICE).

Acting for an investment bank in connection with disputes arising under a number of futures sugar contracts (Liffe No. 5 Sugar Contract).

Acting for an investment bank in connection with adverse claims made to gold deposits.

“A very calm performer and very good with clients,” Nicholas is recommended as a leading junior for civil fraud in the Legal 500.  He has significant experience of heavy commercial fraud cases including asset tracing, claims for equitable relief and applications for urgent injunctive relief (including freezing, search, imaging and Norwich Pharmacal orders).  Some of the cases in which he has been involved are as follows:

Instructed by an insurer in proceedings (subject to arbitration) for declarations of avoidance of a credit risk policy against various banks and the original assured on the grounds that various alleged underlying transactions concluded with third parties were fraudulent.

Alliance Bank JSC v Zhunus & ors [2015] EWHC 714 (Comm).  Acted for a Kazakh bank in a claim against a number of individuals for an alleged fraud for approximately US$300 million.

OTC Deriv v Trang.  Instructed in a claim against a former employee who misappropriated about £1.5 million.

Tuthill v Equine FX Ltd [2013] EWHC 1207 (Comm).  Acted for claimant who was the victim of a £2 million fraud following a foreign exchange transaction.

Acted on behalf of a company that had purchased a yacht building business and had claims for fraudulent misrepresentation and breach of warranty under a Share Purchase Agreement.

Acted on behalf of a firm of solicitors in connection with a fraud committed by IT consultants.

Instructed by a distributor of automotive products in a claim for fraudulent invoicing against the manufacturer (resolved confidentially).

Acted on behalf of lenders in a number of claims involving the fraud of the solicitors instructed on the transaction.

Acted on behalf of a bank in connection with the breach of an invoice discounting agreement where the debts had been purportedly assigned to a third party.

Acted on behalf of a state-controlled company in a dispute (subject to ICC arbitration) relating to the level of commission to be paid to a third party on an inter-state contract for the supply of arms where serious allegations of fraud and forgery were raised.

Michael Wilson & Partners v John Forster Emmott [2008] 1 Lloyd’s Rep 616.  Acted in a partnership dispute (subject to arbitration) in which various allegations of breach of fiduciary duty were made.

TML Financial Solutions Ltd v More Business Ltd [2007] EWHC 3097 (Ch).  Acted for TML in a dispute with a number of former employees.

Re Highfield Distribution Ltd [2006] EWHC 3298 (Ch).  Acting for the liquidator following the winding up of the company following the presentation of a petition by HMRC for non-payment of VAT.

Acting for an oil trader in relation to a dispute over the payment of duty under an FOB contract for the supply of petrol where the underlying purchasers had defrauded various EU customs authorities (subject to arbitration before the LCIA).

“Thorough and tenacious, but also pragmatic”, Nicholas has been recommended for a number of years as a leading junior for commercial dispute resolution (currently he is listed in Chambers and Partners and Legal 500: Asia Pacific).  “An effective courtroom presence”, he has significant experience acting in substantial and complex commercial disputes both on his own and being led.  Regularly instructed in international disputes, he is noted for his conflict of law and jurisdictional knowledge. Described as having “strong commercial awareness”, Nicholas is regularly instructed on interlocutory matters (including jurisdiction disputes, applications for interim remedies such as freezing, search, imaging and Norwich Pharmacal orders and letters of request) and trial as well as in connection with the enforcement of judgments and arbitration awards (both English and foreign).

Some of the cases in which he has been involved are as follows:

Acting on behalf of a football club following the making of a freezing order which prevents the payment of monies due to it for the transfer of a professional football player.

Acting on behalf of the purchaser of a manufacturing business in various claims for fraud and breach of warranty.

Acted on behalf of a claimant in a claim against a manufacturer for various breaches of an agreement to manufacture a specialised product in the life sciences sector.

Bailey v Angove’s Pty Ltd [2016] 1 WLR 3179 (also [2013] EWHC 215 (Ch), [2014] EWCA Civ 215).  Acted for the successful appellant in the Supreme Court in a case which was concerned with the circumstances in which the authority of an agent can be terminated and the circumstances in which a constructive trust may arise on the insolvency of an agent.  He also acted for Angove’s at first instance and in the Court of Appeal.

Worldview Capital Management SA v Petroceltic International plc [2015] EWHC 2185 (Comm).  Application concerned with whether the English court had jurisdiction under Regulation 44/2001 to hear a claim for specific performance.  The underlying dispute concerned an agreement relating to the company’s corporate structure between a shareholder and the company.

Alliance Bank JSC v Zhunus & ors [2015] EWHC 714 (Comm).  Acted for a Kazakh bank in a claim against a number of individuals for an alleged fraud for approximately US$300 million.

Acted for the claimant in a breach of warranty claim following the sale of a downstream petroleum business on a Caribbean island.

Desarrollo v Kader Holdings Company Ltd. [2014] EWHC 1460 (QB).  Acted for a Mexican company seeking to enforce a US$10 million judgment of a court in Arizona.

Ecotricity Group Limited v Tesla Motors Inc. Instructed by Tesla, the electric car maker, after Ecotricity had obtained an injunction restraining Tesla from using allegedly confidential information and from seeking to procure what were alleged to be breaches of contract by a number of different third party motorway service station providers.

Tuthill v Equine FX Ltd [2013] EWHC 1207 (Comm).  Acting for claimant who was the victim of a £2 million FX fraud.

Clinisupplies Ltd v Park [2012] EWHC 3453 (Ch); [2012] EWHC 3209 (Ch).  Acted for a company with claims for breach of the duty of confidence and for the infringement of unregistered design rights in a pharmaceutical product

HSH Nordbank AG v SAAD Air (A320 No. 2) Ltd [2012] EWHC 3213.  Acted on behalf of a Swiss company seeking evidence filed with the Court on a summary judgment application.

Acted on behalf of a company which purchased a home satellite broadcasting business with claims for misrepresentation and breach of warranty under a share purchase agreement.

Acted in connection with the enforcement of an ICSID award in favour of individuals who had invested in oil transportation infrastructure.

Double G Communications Ltd v News Group International Ltd [2011] EWHC 961 (QB).  Acted for News Group in a dispute following the termination of a licence granted to the claimants to develop and sell a board game called “Page 3 Idol”.

CMA CGM Marseille v Petro Broker International [2011] EWCA Civ 461; [2011] Arb LR 11.  Acted for party with an arbitration award in its favour which sought to retain monies that had been paid into court to secure a without notice freezing order.

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd [2011] 1 Lloyd’s Rep 9.  Acted for the lessor of 3 commercial aircraft on claim by lessee for relief against forfeiture.

Clanbrassil Trust Company v Clanbrassil (Nominees) Ltd [2011] EWHC 1163 (Ch).  Acted for a company seeking the transfer of legal and beneficial title to shares.

Agilo Limited v Mark Henry & William Henry  [2011] BPIR 297. Acting for investment fund on appeal from decisions to set aside statutory demands made against individuals in respect of debts due under two guarantees.

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm).  Acted for a buyer of steel scrap claiming under a guarantee.

Dunlop Haywards (DHL) Ltd v Barbon Insurance Group Ltd [2010] Lloyd’s Rep IR 149.  Acted for sub-brokers in Part 20 claim brought against them by brokers in connection with the placement of a policy of professional indemnity insurance.

Jackson Distribution Ltd v Tum Yeto Inc. [2009] EWHC 982 (QB).  Acted for US maker of skateboard apparel in a claim brought against it by UK distributor for wrongful termination.

Michael Wilson & Partners v John Forster Emmott [2008] 1 Lloyd’s Rep 616.  Acted in a partnership dispute (subject to arbitration) in which various allegations of breach of fiduciary duty were made.

TML Financial Solutions Ltd v More Business Ltd [2007] EWHC 3097 (Ch).  Acted for TML in a dispute with a number of former employees.

“A go-to junior who is reliable, user friendly and tactically aware”, Nicholas has been recommended as a leading junior for commodities work for a number of years.  His practice covers all aspects of international trade and commodities. He is regularly asked to assist in disputes before the LCIA, the LME, the Refined Sugar Association, FOSFA and GAFTA and the International Cotton Association.  He has also acted for investment banks in connection with disputes arising on various futures exchanges including ICE and LIFFE.  Some of the cases in which he has been involved are as follows:

Acting for the claimant in a claim arising out of a 15 year, multi-billion contract for the supply of grain by one state-owned entity to another (before GAFTA).

Acted on behalf of sellers in dispute with Chinese buyers in disputes under a contract for the sale of soya beans (before FOSFA).

Acted on behalf of sellers in an arbitration before the LCIA concerning a sale contract for the supply of scrap steel alleged by the Respondent to be void for illegality because it was connected to an Iranian entity which was the subject of sanctions.

Acted on behalf of a number of Saudi Arabian companies in disputes over a number of grain contracts with their suppliers (before GAFTA).

Acted on behalf of an Egyptian purchaser of cotton from American sellers in a dispute before the International Cotton Association.

CMA CGM Marseille v Petro Broker International [2011] EWCA Civ 461.  Acted for a bunker supplier in a dispute with a well-known container line in connection with a supply contract.

Acted for an investment bank in an arbitration before the London Metals Exchange in relation to monies owed under a trading account for margin calls.

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm).  Acted for a buyer of steel scrap claiming under a guarantee and for repayment of monies paid in advance following the default on the part of the seller.

Acted for the purchaser under a 5 year contract for the supply of a some 350,000mt raw and white sugar per year (subject to arbitration before the RSA).

Acted for a coin maker in dispute with a trader over purchases of copper and nickel (subject to arbitration before the LME).

Acted for the seller under a year long supply contract for the sale of biodiesel (subject to arbitration before the LCIA).

Acted for an investment bank in connection with disputes arising under a number of futures sugar contracts (LIFFE No. 5 Sugar Contract).

Acted for an oil trader in relation to a dispute over the payment of duty under an FOB contract for the supply of petrol where the underlying purchasers had defrauded various EU customs authorities (subject to arbitration before the LCIA).

Acted for a Chinese buyers who are seeking to recover monies paid by way of guarantee to American sellers (FOSFA arbitration)

Advising, drafting and acting in connection with various applications relating to awards made by the Technical Appeal Committee of the International Cotton Association.

World Trade Corporation v C Czarnikow Sugar Limited [2005] 1 Lloyd’s Rep 422.  Appeal from an award published by the RSA.

Acting for a well-known sugar trader in a dispute with Chinese buyers in an arbitration before the RSA.

Nicholas has experience across a wide range of commercial energy work including joint ventures, upstream and downstream oil and gas as well as onshore and offshore infrastructure. Some of the cases in which he has been involved are as follows:

Instructed by a national energy supplier in connection with a dispute that arose in relation to a power station and a proposed power purchase agreement.

Acted in an arbitration (seated in Miami) in claim for breach of warranty and restitution under an agreement for the sale of a downstream oil business.

Acted in an ICC arbitration on behalf of a company which owned the rights to a gas field in the Ukraine in relation to commission allegedly due on its sale.

Acted on behalf of the owner of various rights associated with coalbed methane deposits in an area in Indonesia in a dispute under a Participation Agreement in an ICC arbitration with its seat in Singapore.

Acted in connection with the enforcement of an ICSID award in favour of individuals who had invested in oil transportation infrastructure.

Acted for insurers in a claim against marine warranty surveyors involved in the supervision and load-out of part of an oil platform (subject to arbitration before the LCIA).

“Emphatic and confidence inspiring” and with “excellent technical and client skills”, Nicholas has been recommended for insurance and reinsurance in Chambers & Partners, the Legal 500 and Who’s Who Legal for a number of years. He has experience of a wide range of work across numerous sectors. His clients include Lloyd’s syndicates, major insurance and reinsurance companies, captives, brokers and insureds (companies, institutions, professionals and individuals).

Some of the cases in which he has been involved are as follows:

Acting for an insurer in a claim under a CAR policy in respect of a project to lay an oil pipeline.

Acting for an insurer in proceedings for declarations of avoidance of a credit risk policy against various banks and the original assured on the grounds that various alleged underlying transactions concluded with third parties were fraudulent (subject to arbitration).

R&Q Insurance (Malta) Ltd & ors v Continental Insurance Co [2017] EWHC 3666 (Comm).  Acted for a reinsurer in a claim brought against it following payment by an insurer of claims under various policies of excess liability umbrella coverage in circumstances where the original contracts and slips did not exist.

Acting on behalf of an assignee of claims under an ATE policy against a Liechtenstein based insurer.

Acting on behalf of a paper manufacturer (in liquidation) in a claim under a credit risk policy of insurance.

Instructed by a broker in claims for payment of commission following the transfer of certain policies by various clients to another broker.

Acted on behalf of a major phone manufacturer in a claim under a policy of credit risk insurance following the insolvency of Phones4U.

Hyundai Marine & Fire Insurance Co Ltd & ors v Houlder Insurance Services Ltd & ors. Acted for the claimant in a claim against brokers in connection with the placing of insurance for refund guarantees.

Instructed by an IT provider in connection with its professional indemnity policy following the refusal on the part of insurers to provide cover following various claims made for alleged negligence on its part (subject to arbitration).

Instructed by a firm of accountants in connection with its professional indemnity policy following the refusal on the part of insurers to provide cover following various claims for alleged negligence in the provision of financial advice (subject to arbitration).

AIOI Nissay Dowa Insurance Co v Heraldglen Ltd [2013] EWHC 154 (Comm); [2013] Lloyd’s Rep IR 281. Acted on behalf of reinsurers in a claim against retrocessionaires in respect of losses suffered by reason of some of the events of 9/11.

Acted in an ad hoc arbitration in a claim by a company in administration and various insurers in a claim for an indemnity against a mutual insurance company that had provided professional indemnity cover.

Gave expert evidence on behalf of an insured before a Spanish Court on the proper construction of a policy of marine insurance following the loss of a vessel.

Rieter Machine Works Limited v Parker. Acted on behalf of a manufacturing and textile machinery company in a claim against a broker in connection with the placement of a policy of export credit insurance.

The “Cala Palma”. Acted (with Christopher Symons QC) on behalf of insurers/reinsurers in a claim in the Commercial Court against the Salvage Association in respect of the negligence on the part of one of its surveyors in his survey of a shipyard prior to extensive works being carried out to a number of vessels. This negligence caused damage to one of the vessels in a sum in excess of US$50 million. (Judgment July 2011, unreported).

Dunlop Haywards (DHL) Ltd v Barbon Insurance Group Ltd [2010] Lloyd’s Rep IR 149. Acted for sub-brokers in Part 20 claim brought against them by brokers in connection with the placement of a policy of professional indemnity insurance.

Gave expert evidence on behalf of insurers before a Spanish Court on the proper construction of a policy of marine insurance and, in particular, whether cover was provided following the ban by the US of the import of certain citrus fruits.

Heesens Yacht Builders v Cox Syndicate Management Ltd & ors [2006] 2 Lloyd’s Rep 35, CA; [2006] Lloyd’s Rep IR 103, Commercial Court; (insurance, construction).

Cadre S.A. v Astra Asigura [2005] EWHC 2504 (Comm). Acted on behalf of a shipowner in a claim under hull policy.

“Astute, responsive and confidence-inspiring”, Nicholas has been recommended as a leading junior in the directories for Professional Negligence for a number of years.  His experience is wide-ranging and includes claims against surveyors, accountants, solicitors, financial advisors, insurance brokers, engineers and architects.  Some of the cases in which he has been involved are as follows:

HDI-Gering v Rentokil.  Acting on behalf of a food manufacturer in a claim against Rentokil for its failure properly to control pests.

Instructed by claimant insurers in connection with a claim for professional negligence against a ship surveyor (in arbitration).

Instructed by a firm of accountants in connection with a claim for allegedly negligent financial advice.

Acted on behalf of a number of companies that acted variously as Pensioneer Trustee and to provide various administrative services in relation to a pension fund against whom a claim had been made on account of alleged negligent advice in connection with the purchase of a property by the fund.

Rieter Machine Works Limited v Parker.  Acted on behalf of a manufacturing and textile machinery company in a claim against a broker in connection with the placement of a policy of export credit insurance.

The m/v “Cala Palma”.  Acted (with Christopher Symons QC) on behalf of insurers/reinsurers in a claim in the Commercial Court against the Salvage Association in respect of the negligence on the part of one of its surveyors in his survey of a shipyard prior to extensive works being carried out to a number of vessels.  This negligence caused damage to one of the vessels in a sum in excess of US$50 million.  (Judgment July 2011, unreported).

Dunlop Haywards (DHL) Ltd v Barbon Insurance Group Ltd [2010] Lloyd’s Rep IR 149.  Acted for sub-brokers in Part 20 claim brought against them by brokers in connection with the placement of a policy of professional indemnity insurance.

Acting for Platform Funding Limited in various claims against a number of different firms of solicitors on account of negligence in and about the handling of the arrangement of various mortgages.

Acted for a broker in connection with a potential claim concerning the placement of insurance of a number of different aircraft on the AVN 67B wording.

Acted for insurers in a claim against marine warranty surveyors involved in the supervision and load-out of part of an oil platform (subject to arbitration before the LCIA).

Acted for financial advisers in a dispute concerning certain with-profits policies.

“Highly authoritative”, Nicholas is an established and “outstanding junior” with a wide-ranging practice. He has been recommended as a leading junior for Shipping in the Legal 500 and Shipping and Commodities in Chambers & Partners since 2004.  He appears regularly in arbitration and the Commercial and Admiralty Courts. He has significant experience of charterparty disputes, carriage by sea, oil pollution, casualties, ship sale and construction. He was the junior in the landmark decision on the proper interpretation of Article III Rule 2 of the Hague Rules before the House of Lords (The “Jordan II”).  Some of the cases in which he has been involved are as follows:

Acted for a shipowner in an application for an anti-suit injunction following the wrongful commencement by cargo owners of proceedings in Brazil.

Rio Tinto v Hanjin.  Acted for the charterer after it had redelivered a vessel on a long-term charter following the commencement by Hanjin of rehabilitation proceedings in Seoul.  This involved, among other things, an application in the Chancery Division to lift a stay imposed by an order under the Cross-Border Insolvency Regulations 2006.

Oldendorff Carriers GmbH v German Pellets GmbH.  Acted for the charterer in a dispute under a long term contract of affreightment for the carriage of wood pellets.

Acted on behalf of cargo owners in a claim brought by shipowners for the carriage of undeclared dangerous cargo.

Samsung Heavy Industries v Geden Lines & ors.  Acted for the claimant in a claim for monies due from a large Turkish shipping line and others under various shipbuilding agreements and guarantees

Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd [2013] EWHC 1240 (Comm); [2013] 2 Lloyd’s Rep 421.  Acted on behalf of owners in a jurisdictional dispute (where the underlying claim was in connection with early redelivery).

Acting on behalf of Owners in disputes arising under both charterparties and bills of lading following the loss overboard of a number of containers that had been stowed on deck.  This included an application for an anti-suit injunction following the wrongful commencement of proceedings in China.

The “Cala Palma”.  Acted (with Christopher Symons QC) on behalf of insurers/reinsurers in a claim in the Commercial Court against the Salvage Association in respect of the negligence on the part of one of its surveyors in his survey of a shipyard prior to extensive works being carried out to a number of vessels.  This negligence caused damage to one of the vessels in a sum in excess of US$50 million.  (Judgment July 2011, unreported).

CMA CGM Marseille v Petro Broker International [2011] EWCA Civ 461.  Acted for a bunker supplier in a dispute with a well known container line in connection with a supply contract.

Wightlink Limited v Mitchell Diesel Limited [2011] EWHC 241 (Comm).  Acted for the owners of 2 high-speed passenger ferries on which the main engines suffered catastrophic failures following their overhaul by Mitchell Diesel Limited.

Navired v Eurocondel Shipping Corporation.  Acted on behalf of charterers in connection with a claim made against them under a letter of undertaking for delay caused by arrest.

Instructed on behalf of a bank to give an expert opinion for use in the Court in Los Angeles in connection with various issues arising under a ship mortgage.

CSAV v Sinochem Tianjin.  Acted for CSAV in connection with an appeal brought by Sinochem in respect of a finding that Sinochem was liable for shipping a dangerous cargo (calcium hypochlorite) on board the m/v “Aconcagua”.

Europort Marine Ltd v SLP Engineering.  Acted for a tug owner in a claim (in the Admiralty Court) over monies due under a towage contract on the TOWCON form.

MSC Napoli.  Acting for the MCA in its claim for expenses incurred in connection with steps taken to prevent or minimize pollution damage.

P&O Nedlloyd BV v Arab Metals (No. 2) [2007] 1 WLR 2288, CA.  P&O Nedlloyd BV v Arab Metals (No. 1) [2005] 1 WLR 3733.  Acting for P&O in connection with the unknowing shipment of a container of nuclear waste and its consequential liabilities.  Case concerned whether 6 year limitation period for actions founded on contract was applicable by analogy to a claim for specific performance.

Bulk Trading v AP Moeller [2007] 1 Lloyd’s Rep 61.  Acted for Bulk Trading in arbitration where it had not received proper notice of the commencement of the arbitration; section 72 of the Arbitration Act.

CSAV v MS ER Hamburg Schiffahrtsgesellschaft MbH & Co KG [2006] 2 Lloyd’s Rep 66.  Art IV Rule 2(a) of the Hague Rules and the application of the “Imvros.

The “Jordan II” [2005] 1 WLR 1363, HL; [2003] 2 Lloyd’s Rep 87, CA and first instance.  The three Courts reviewed various aspects of the law on cargo claims, including the construction of “FIOST” clauses in Charterparties and Bill of Lading Contracts, and the extent to which the Hague Convention abrogates freedom of contract.

International Oil Pollution Compensation Fund v Milford Haven Port Authority [2003] EWHC 1246 Adm.  Acted for the IOPC in connection with its claim against the port authority following the grounding of the “Sea Empress”.

Marchioness Public Inquiry, 2000.  Acted for the owners of the “Marchioness”.