Nicholas Craig Call 1998; BA (Hons)(London)(1st Class); M.Phil. (Oxon); Dip. Law (City) E-mail: ncraig@3vb.com

Nicholas Craig has a broad commercial practice and appears regularly in the Commercial Court, the other divisions of the High Court and in international arbitration. He has experience of banking and financial disputes, shipping, international trade and commodities, financial services, insurance, civil fraud, energy law, professional negligence and insolvency. Most of his cases have an international or transnational element. He is frequently instructed on applications for interim relief including, in particular, freezing and search orders. In addition, he is often instructed in connection with letters of request. He has been described variously as "efficient and thorough" (Chambers & Partners 2008), "terribly good for someone so junior" (Chambers & Partners 2007), "tough, yet thoroughly approachable" (Chambers & Partners 2006) and "popular and approachable" (Legal 500, 2004). He has been recommended as a leading junior for Shipping in the Legal 500 and Shipping and Commodities in Chambers & Partners since 2004.

Main Practice Areas

• Commercial litigation
• Commercial Fraud
• Shipping
• Commodities and international trade
• Insurance and Reinsurance
• Professional negligence
  

Commercial Litigation

Nicholas has significant experience acting in substantial and complex commercial disputes. He is regularly instructed in international (including ICC and LCIA) arbitration, the Commercial Court and the other divisions of the High Court. Some of the cases in which he is or has been recently involved include the following:

• A dispute relating to a well known retailer and a franchisee (subject to arbitration).
  
  
• 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 high value equipment.
  
  
• Acting for a judgment creditor seeking to enforce a significant debt against a company now in administration.
  
  
• Acting for a well known investment bank in connection with a request for evidence.
  
  
• Advising in an ICC arbitration concerning the ownership and control of a company which owned a major commercial property in India.
  
  
• Acted for Universal Pictures (UK) Limited in a dispute with a software developer in relation to the delivery and production of an interactive DVD game called Family Fortunes 2. Various injunctions were obtained from the Chancery Division.
  
  
• Acting in a dispute relating to a commercial agent.
  
  

Commercial Fraud

Nicholas is regularly instructed in commercial fraud matters and has experience of tracing and asset recovery issues in multiple jurisdictions. Some of the cases in which he is or has been recently involved include the following:

• A partnership dispute (subject to arbitration) in which various allegations of breach of fiduciary duty are made. Various injunctions have been obtained from the Commercial Court in support of the arbitration. Proceedings are also ongoing in a number of other jurisdictions.
  
  
• Acting for The Mortgage Lender in a dispute with a number of former employees over various breaches of the duty of confidence. Various injunctions were obtained from the Chancery Division.
  
  
• Acting for 2 banks in connection with a mortgage fraud apparently committed by solicitors retained by them. A freezing order was obtained from the Chancery Division.



• Acting for the insurance arms of a number of different banks in connection with fraud committed by employees.
  
  

Commodities

Nicholas' practice covers all aspects of international trade and commodities. He is frequently asked to assist in FOSFA and GAFTA arbitrations as well as disputes before the Refined Sugar Association and the ICC. 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 recently are as follows:

• Acting for an investment bank in connection with disputes arising under a number of futures sugar contracts
  
  
• Acting for an oil trader in relation to a dispute over the payment of duty under an FOB contract
  
  
• Acting for a Chinese buyers who are seeking to recover monies paid by way of guarantee to American sellers
  
  
• Advising, drafting and acting in connection with various applications relating to awards made by the Technical Appeal Committee of the International Cotton Association.
  

Shipping

Nicholas is an established junior with a wide-ranging practice. 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 recently include the following (many of these are also confidential arbitrations and, therefore, only limited details can be disclosed):

• acting for owners of a cruise vessel in relation to a dispute with charterers over substitution/termination



• acting for charterers in disputes with consignee and receiver over quality of cement shipped in bulk



• acting in a number of different charterparty disputes



• acting for the MCA in connection with a number of disputes where it has taken steps to prevent/minimize pollution
  

Insurance / Reinsurance

• acting for underwriters in a dispute raising issues of construction, non-disclosure and broker's negligence
  
  
• advised on the regulatory side of a proposed transfer of insurance business
  
  
• gave expert evidence before a Spanish Court on policy construction

Professional Negligence

Nicholas has experience of most forms of professional negligence including surveyors, accountants, solicitors and insurance brokers. Some of the cases in which he is or has been involved recently are as follows:

• acting for brokers in claim in the Commercial Court brought by Dunlop Haywards Limited and others;



• acting 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)



• acting for financial advisers in a dispute concerning certain with-profits policies
  

Cases (Reported and/or available on Lawtel)

• Dunlop Haywards Limited (DHL) & ors v Erinaceous Insurance Services Limited & ors [2008] EWHC 520
  
  
• Michael Wilson & Partners Limited v Emmott [2008] EWCA Civ 184.
  
  
• P&O Nedlloyd BV v Arab Metals & ors [2007] 1 WLR 2288, CA; [2006] EWHC 2433 (Comm) (bills of lading, contractual obligation to take delivery, availability of specific performance, effect of laches)
  
  
• Bulk Trading v AP Moeller [2007] 1 Lloyd's Rep 61 (Section 72 of the Arbitration Act; costs)
  
  
• CSAV v MS ER Hamburg Schiffahrtsgesellschaft MbH & Co KG [2006] 2 Lloyd's Rep 66 (clause 8 of the NYPE form, proper construction, duty of stowage)
  
  
• 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 (QB) (insurance, conflict of laws, proper forum)
  
  
• P&O Nedlloyd BV v Arab Metals & ors [2007] 2 Lloyd's Rep 148, CA; [2005] 1 WLR 3733, Commercial Court; (amendment; specific performance; similar facts)
  
  
• The "Jordan II" [2005] 1 WLR 1363, HL; [2003] 2 Lloyd's Rep 87, CA; [2002] 2 All ER (Comm) 364, Comm. Court (bill of lading, proper interpretation of the Hague Rules, judicial precedent)
  
  
• World Trade Corporation v C Czarnikow Sugar Limited [2005] 1 Lloyd's Rep 422 (commodities, effect of section 68 of the Arbitration Act 1996)
  
  
• International Oil Pollution Compensation Fund v Milford Haven Port Authority [2003] EWHC 1246 Adm
  
  
• Suleyman Altuntas & Others v Safestore Trading Limited [2003] EWHC 49 (QB) (standard clauses in a self-storage contract, limitation of liability)
  
  
• Sea Premium Ltd v Sea Consortium Pte Ltd (Admiralty Court, 11 April, 2001) (anti-suit injunction, conflict of laws)
  
  
• R V Secretary Of State For The Home Department, Ex Parte Balbo B&C Auto Transporti Internazionali [2001] 1 WLR 1556 (liability of a carrier for penalty charges)
  
  
• Marchioness Public Inquiry, 2000