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Thomas Raphael has been a tenant at 20 Essex Street since November 2000. His fields of expertise include general commercial law, shipping, transport, commodities, insurance and re-insurance, financial services, competition, and private international law. He frequently acts in commercial arbitrations.
He studied law at Sidney Sussex College, Cambridge, where he received the Slaughter and May Prize for the top First in law in the university. He also has a degree in Politics, Philosophy and Economics from Magdalen College, Oxford.
Before joining Chambers, he worked for the European Commission and at the Law Commission, and taught Equity at SOAS and European law at Jesus College, Cambridge.
Chambers and Partners (2008) say “Market authorities are in no doubt that [he] ‘will be a star in very little time’ “ and also that he is found by solicitors to be “inherently reliable and quick witted”, and recommend him for Commercial Dispute Resolution and Shipping and Commodities. He is recommended for Shipping by The Legal 500 (2008) who observe that he is “very clever”.
Publications
He is the author of “The Anti-Suit Injunction” (OUP, 2008), the only published work dedicated to anti-suit injunctions.
Other publications include “The Problem of Horizontal Effect" (EHRLR 2000, Issue 5).
Recent major cases include:
The Masri v Consolidated Contractors litigation, which has given rise to numerous judgments of the High Court and Court of Appeal on fundamental questions of jurisdiction and the court’s extra-territorial powers, including [2008] 2 Lloyd's Rep. 128 (CA) – an extra-territorial receivership order; [2008] 2 Lloyd's Rep. 301 (CA) – an anti-suit injunction to restrain relitigation of English proceedings); [2008] 2 C.L.C. 126 (CA) - applications for the examination of foreign directors of foreign companies under CPR 71; [2008] EWHC 2492 (Comm) (extra-territorial receivership orders and worldwide freezing orders).
Front Carriers Limited v Atlantic & Orient Shipping Corp (The “Double Happiness”) [2007] 1 Lloyds Rep 131 ( Comm Ct) – the trial of a claim for a declaration that an arbitration tribunal had jurisdiction.
Tramtrack Croydon Limited v London Bus Services Ltd [2007] All ER (D) 14 ( Comm Ct) and London Bus Services Ltd v Tramtrack Croydon Limited [2006] EWCA Civ 1743 (CA) - two actions for declaratory relief about the interpretation of the 99-year PFI for the Croydon Tramlink.
Ulisses Shipping Corporation v Fal Shipping Co. Ltd (The “Greek Fighter”) [2006] Lloyds Rep Plus 99, [2006] 2 CLC 497 ( Comm Ct) – a claim by the owners of a vessel against her charterers after she was confiscated by the UAE authorities.
CNA Insurance Co. Ltd v Office Depot International (UK) Ltd [2005] Lloyds Rep IR 658 ( Comm Ct) – an application for an anti-suit injunction to restrain proceedings before the courts of Florida.
HIH Casualty and General Insurance Ltd v Axa Corporate Solutions [2002] Lloyds Rep IR 237 – a film finance reinsurance dispute.
Russell Grant Ltd v Scott Equipment Company [2005] EWCA Civ 156; (2005) 149 S.J.L.B. 266 (CA) – an appeal in a case concerning the sale of machinery and quantum.
P&O Nedlloyd Limited and another v M&M Militzer & Munch International Holding [2003] 1 Lloyds Rep 503 (Comm Ct) – the trial of a claim for mis-delivery of cargo.
Languages
He speaks fluent French
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