Year of call: 1998
E: ncraig@3vb.com

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Nicholas Craig is an experienced advocate who appears regularly in the Commercial Court, the Chancery Division and in international arbitration. Most of his cases have an international or transnational element and, in consequence, he has a wealth of experience in conflict of laws and jurisdictional issues. He is regularly instructed on applications for interim relief including freezing and search orders, Norwich Pharmacal and anti-suit injunctions.

He also sits as an arbitrator in international arbitration. He is recommended as a leading junior in Chambers & Partners and/or Legal 500 for: commercial litigation; arbitration; professional negligence; insurance & reinsurance and; shipping & commodities.


“praised for his ‘sharp, creative advice and tremendous work ethic’”

Chambers & Partners UK 2011

“quick-witted, clever and innovative thinking”

Chambers & Partners UK 2011

Nicholas is recommended as a leading junior for international arbitration in the Legal 500.  He is regularly instructed in international arbitration both in London and overseas (generally as sole counsel); and he has appeared in commercial arbitrations conducted under the rules of the ICC, the LCIA, the AAA, the DIAC, the SCC and UNCITRAL as well as ad hoc arbitrations in a wide range of disputes and with seats in London, Miami, Hong Kong, Singapore, Dubai and Stockholm.  In addition he has experience of arbitrations before many of the international trade associations including the London Metals Exchange, the Refined Sugar Association, the LMAA, FOSFA, GAFTA and the International Cotton Association.  He is also often instructed on applications to Court in connection with international arbitrations.

His reported arbitration cases are as follows:

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.

Some of the arbitrations in which he has been instructed are as follows:

Acting for the claimant in a claim for the breach of a distributions agreement for the sale of a prebiotic product.

Acting for the claimant in a claim concerning the sale of an ownership share in an airport fuel facility.

Acting for the claimant in a dispute arising under an agreement to provide armed escorts for vehicles supplying troops in war zones.

Acting for the claimant in a claim for the breach of a distribution agreement for the sale of a pharmaceutical product.

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

Acting 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.

Acting in an ICC arbitration on behalf of pharmaceutical company with claim against manufacturer for breach of its obligations under a supply agreement.

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 on behalf of various lessors i following the default under a number of leases by a Russian airline.

Acting for a bank in a claim brought against it by an investment company.

Acted for an investment bank in connection with a dispute between traders heard by the Delivery Panel of ICE.

Acted for a bank in a claim against a trader in respect of monies due under an arrangement with a metals trader (subject to arbitration before the LME).

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

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

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.

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).

Aviation

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

PAFCO A319/1886 SPV Ltd v National Private Air Transport Services (National Air Services) Limited & ors.   Acting for lessor in claim against Saudi Arabian airline in connection with monies due under the lease 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 an arbitration before the LCIA following the default under a number of leases by a Russian airline.

A dispute involving various lessors and Kingfisher Airlines Limited in connection with monies due under a number of leases.

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.

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 of a number of different aircraft; consideration of 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.

Nicholas often appears in the Chancery Division and the Commercial Court in Chancery/Commercial matters.  Some of the cases in which he has been involved are as follows:

In the matter of D&D Wines International Ltd (in liquidation) [2013] EWHC 215 (Ch), [2014] EWCA Civ 215; [2015] 1 All ER (Comm) 36.  Acting for a creditor seeking to recover monies collected by a company under an agency and distribution agreement following its termination by reason of the company being placed into administration.  This is due to be heard by the Supreme Court in February 2016.

Worldview Capital Management SA v Petroceltic Interational 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 concerns an agreement relating to the company’s corporate structure between a shareholder and the company.

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

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.

Instructed in connection with a potential minority shareholders dispute relating to a publicly listed company.

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).  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

Acting 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 has been made on account of alleged negligent advice in connection with the purchase of a property by the fund.

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.

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.

Nicholas is regularly instructed in commercial fraud matters and has experience of tracing and asset recovery issues in multiple jurisdictions.  Further, he is regularly instructed to obtain urgent injunctive relief (freezing orders, search orders and other forms of injunctive relief).  Some of the cases in which he has been involved are as follows:

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.

Instructed by 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.

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 which 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 purported 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 are 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).

Nicholas is recommended as a leading junior for commercial litigation in Chambers & Partners.  He is an established junior and has significant experience acting in substantial and complex commercial disputes both on his own and being led.  His experience ranges across a broad spectrum of commercial disputes and includes interlocutory matters (injunctions, jurisdiction disputes and letters of request) up to trial as well as the enforcement of judgments and arbitration awards (both English and foreign).  Some of the cases in which he has been involved are as follows:

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.

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. 

Hyundai Marine & Fire Insurance Co Ltd & ors v Houlder Insurance Services Ltd & ors   (27/1/2015) .

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.

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

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 on behalf of a company which purchased a yacht building business with claims for fraudulent 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 concerning the wrongful 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.

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.

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.

Nicholas’ 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.  The majority of these arbitrations are confidential and hence only limited details can be disclosed. 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).

Acting 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.

Acting 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 a significant practice in both litigation and in arbitration.  This includes claims concerning upstream and downstream oil and gas and onshore and offshore infrastructure.  Some of the cases in which he has been involved are as follows:

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).

Nicholas is listed as a leading junior for Insurance and Reinsurance in Chambers & Partners and the Legal 500.  He Nicholas is regularly asked to advise on insurance and reinsurance matters.  Some of the cases in which he has been involved are as follows:

Instructed by 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.

Hyundai Marine & Fire Insurance Co Ltd & ors v Houlder Insurance Services Ltd & ors   (27/1/2015) .

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.

Acting 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.

Instructed on behalf of a Spanish insured to give an expert opinion for use in the Spanish courts in relation to the proper construction of a policy of marine insurance.  Oral evidence to be given in July 2012.

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.

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

Advised on the regulatory side of a proposed transfer of insurance business

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  Spanish 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 shipowner in claim under hull policy.

Nicholas is listed as a leading junior for Professional Negligence in the Legal 500.  He has experience of most forms of professional negligence including surveyors, accountants, solicitors, financial advisors and insurance brokers.

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.

Acting 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 “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 a number of 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; consideration of 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

Nicholas is an established 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:

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

Samsung Heavy Industries v Geden Lines & ors.  Acting 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 which had been stowed on deck.

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”.