Essex Court Chambers

On 12 December 2024, the Court of Appeal (Vos MR, Andrews and Falk LJJ) handed down judgment in The Prestige litigation (The London Steam-Ship Owners Mutual Insurance Association v. the Kingdom of Spain and the French State). This judgment is the latest of a long series of cases arising out of the clean-up costs of the environmental disaster caused by the total loss of the M/T Prestige in 2002. Anna Dilnot KC and Naomi Hart appeared for the French State, instructed by Ian Meredith of K&L Gates LLP. Read more: https://lnkd.in/ebTpRHuZ

On 13 December 2024, Mr Justice Bright handed down judgment in the case of Hapag-Lloyd AG v. Skyros Maritime Corporation and Agios Minas Shipping Company [2024] EWHC 3139 (Comm), two related arbitration appeals concerned with the assessment of damages upon late redelivery of containerships under time charters. The main issue in the appeals concerned the res inter alios acta rule and its exceptions, including the long vexed question of how, if at all, to reconcile the leading cases of Slater v. Hoyle & Smith [1920] 2 KB 11 (CA) and Wertheim v. Chicoutimi Pulp Co [1911] AC 301 (PC). Steven Berry KC and Adam Board acted for the charterers, Hapag-Lloyd AG. They were instructed by Ingolf Kaiser and Ryan Hunter of MFB Solicitors. Read more here: https://lnkd.in/eTKQqx6s

On 4 December 2024, following a five-day trial, Mr Justice Andrew Baker gave judgment in a dispute worth over €400 million relating to Spanish law governed investment agreements concluded between Banco de Sabadell, one of the major Spanish retail banks, and entities within the Cerberus group in July 2018 and August 2019 (the “Investment Agreements”) for the purchase of portfolios of Spanish real estate owned assets. James Collins KC, Matthieu Gregoire and Akash Sonecha represented Sabadell, instructed by Ben Davies, Catherine Eason, Marie Smale, Yana Ahlden and and Zoë Vanhegan of PCB Byrne LLP. Read more here: https://lnkd.in/ecfSX3E6

A settlement agreement has this week brought to an end litigation commenced last year by claimants including Shell UK Limited against defendants including Greenpeace UK, Greenpeace International and individual Greenpeace activists. The litigation concerned a protest carried out by Greenpeace activists who boarded and occupied a heavy lift vessel and large structure (FPSO) in transit to the Penguins oilfield in the North Sea in protest against Shell’s contribution to climate change. Naomi Hart (together with Richard Lord KC of Brick Court Chambers, David Simpson of 3 Verulam Buildings, Anna Hoffmann of 4 Pump Court and Joshua Jackson of Doughty Street Chambers) acted for the defendants. Read more here: https://lnkd.in/ehVQFSum

In the case of Dowling v. United States of America, the UK Employment Tribunal has upheld the State immunity of the USA in respect of the claims by a former Motor Pool Supervisor employed by the US Embassy. Prof. Dan Sarooshi K.C. appeared for the United States of America, instructed by Michael Burd and Emma Delap of Lewis Silkin LLP. Read more here: https://lnkd.in/eU5J5tKT

🎄 The festive season has arrived at Essex Court Chambers 🎄 Our Christmas tree is now up in Reception, spreading holiday cheer to all who visit. A big thank you to DAWSON FLOWERS LIMITED for creating such a beautiful display.

Members of Chambers are delighted to announce that applications for the 2025 mini-pupillage programme are now open. Find more information about the programme and application process here: https://lnkd.in/d7iAN4wW The deadline for all applications is 2:00pm on Friday 6th December 2024. 

Last evening, Essex Court Chambers was delighted to cohost an engaging evening with Kroll and Appleby, focusing on the latest developments in offshore asset recovery. Our members Paul McGrath KC, David Peters KC, and Benedict Tompkins joined experts from Appleby and Kroll to deliver valuable insights into key issues affecting the Cayman Islands and the British Virgin Islands. Thank you to everyone who attended and made this inaugural event a success.

Members of Chambers would like to thank everyone who attended the Essex Court Chambers Annual Party yesterday evening at Quaglino's. We are grateful to our clients, colleagues, and friends for contributing to such a memorable evening. It was a fantastic event, and our Members thoroughly enjoyed spending quality time in exceptional company.

Essex Court Chambers is pleased to be one of the sponsors of the VIII Oxford Arbitration Day, taking place on 22nd November 2024 at the University of Oxford. Siddharth Dhar KC will be joining the fourth panel, “Enforcement of Arbitral Awards: Freezing Orders, Asset Tracing, and Challenging Jurisdictions,” moderated by Nora Jox Fredstie. He will be speaking alongside Grant Noble, Lijun Cao, and Todd Wetmore. The event is co-organised by the Commercial Law Centre (University of Oxford), the Oxford International Arbitration Society, the Educa Foundation, Arbitration Channel and was overseen by our member Grace Ferrier who acted as one of the event coordinators. For further details on the event, please visit: https://bit.ly/47xPBD1