Duncan Matthews QC

Admitted to the Bar of the East Caribbean Supreme Court, British Virgin Islands - 2003

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Duncan Matthews QC practises principally in all types of international and domestic commercial matters including in particular international trade and carriage of goods, oil and gas, construction, conflict of laws, insurance and reinsurance, banking, financial services and professional negligence.

He has wide experience advising in connection with on-shore and off-shore oil and gas drilling contracts, terminal operations, carriage, sale and purchase of oil and gas.

Duncan also enjoys a niche IT specialism and has recently conducted a substantial hearing in the TCC about a failed Europe-wide integrated computerisation project and been instructed in relation to aspects of the NHS computerisation project. He has also been instructed on a number of telecoms and satellite disputes.

He advises and acts in English Court proceedings and overseas and has appeared before the High Court, Court of Appeal, House of Lords and a variety of commercial arbitration tribunals both in England and abroad including UNCITRAL, ICC, LCIA, LMAA and various trade bodies as well as ad hoc. He also acts as arbitrator and mediator in commercial disputes.

Recommended by: Legal 500 (2008 - 2010) for Commercial Arbitration, Commercial Litigation, Shipping and Commodities. Legal Experts (2008 - 2010) for Commodities and Futures, Insurance/reinsurance, international commercial arbitration and shipping. Chambers UK (2008 - 2010) for International Arbitration, Shipping and Commodities.

Specialisations: 

  • International Trade and Carriage of Goods
  • Oil and Gas
  • Construction
  • Conflict of laws
  • Insurance and Reinsurance
  • Banking
  • Financial Services
  • IT
  • Telecommunications
  • Professional Negligence

Principal Cases: 

House of Lords

The Maria D [1992] 1 AC 21. Shipping - Charterparty - Guarantee - Charterers' brokers guaranteeing by telephone and telex charterers' liability for demurrage and freight - Written charterparty containing guarantee by broker about outstanding demurrage and balance freight - Unclear whether broker signing as agent or principal - Whether sufficient note or memorandum of guarantee - Statute of Frauds 1677 (29 Car. 2, c. 3), s. 4.

The Naxos [1990] 1 WLR 1337. Contract - Condition or warranty - Mercantile contract - Sale of goods (f.o.b.) - Sellers to have goods ready for delivery at any time within contract period - Buyers entitled to call for delivery on giving reasonable notice - Sellers failing to deliver cargo on presentation of vessel after due notice - Buyers alleging sellers in default and terminating contract - Whether sellers' obligation condition of contract - Whether buyers entitled to damages.

Privy Council

The Mahkutai [1996] AC 650. Bailment - Carriage by sea - Terms - Bailment of goods by shippers to shipowners for carriage - Bill of lading issued by carrier to shippers containing Himalaya clause and providing for determination of disputes in Indonesia - No contractual relationship between shipowners and cargo owners - Cargo damaged during voyage - Cargo owners bringing action in Hong Kong against shipowners - Whether exclusive jurisdiction clause term of bailment - Whether shipowners entitled to rely on exclusive jurisdiction clause.

Court of Appeal

Allianz Insurance Co Egypt v Aigaion Insurance Co SA [2008] EWCA Civ 1455; [2009] 2 All E.R. (Comm) 745; [2008] 2 C.L.C. 1013; [2009] Lloyd's Rep. I.R. 533; Times, January 20, 2009 - Certainty - Contract terms - Electronic mail - Insurance premiums - Marine insurance - Offer and acceptance - Reinsurance contracts.

AMB Generali Holding AG Manches Sprecher Grier Halberstam, Portner & Jaskel v SEB Trygg Liv Holding Aktiebolag (CA) Sale of shares in insurance company - Disputes to be referred to arbitration Seller merging and changing name - Alleged default by buyer - Arbitration proceedings commenced by solicitors in seller's original name.

Allianz Insurance Co Egypt v Aigaion Insurance Co SA The Times 20 Jan 2009 - Insurance Contracts - Reinsurance contracts; Marine Insurance; Contractual negotiations via email; Pail ore of slip recording parties' agreement to refer to previously agreed warranty clause; Determination of whether warranty included in final contract.

The Good Challenger [2004] 1 LIoyd's Rep 67 Arbitration - Award - Enforcement - Limitation of time - Ex parte order to enforce arbitration award served eight years after it was made - Allegation that enforcement proceedings time barred - Whether for purposes of limitation causes of action accrued afresh as a result of acknowledgement of claim and part-payment- Whether Romanian Court decision estopped claimants from denying proceedings time barred - Whether abuse of process - Whether ex parte order and service thereof should be set aside.

The "Aeolian" [2001] 2 LIoyd's Rep 64 - Contract - Counterclaim - Proper law - Contract for turbo-charger governed by Japanese law - Claimants claimed price of spares under spares contract - Defendants alleged defective turbo-charger and counterclaimed - Undertaking given by defendants P. & I. club with English jurisdiction clause - Whether turbo-charger contract governed by English law.

AIG Group (UK) Ltd v Ethniki [2000] LIoyd's Rep IR 343 - Reinsurance - Brussels Convention 1968, Arts 5(1) and 17 - Alleged breach of claims control clause - Other claims made against reinsured - Reinsurers seeking declaratory relief in England - Reinsured domiciled in Greece - Determination of "obligation in question" - Place of performance of obligation in question - Whether claims could be fragmented - Whether jurisdiction clause in original policy incorporated into reinsurance agreement.

The Berge Sund [1993] 2 LI Rep 453. Arbitration - Award - Off-hire - Dispute as to delay in loading - Arbitrators found vessel off-hire - Whether vessel remained fully efficient within off-hire clause - Whether owners entitled to indemnity - Whether award should be remitted.

Soules v Intertradex [1991] 1 LI Rep 378. Sale of goods (c.i.f.) - Demurrage - Congestion at port of discharge - Vessel unable to berth immediately - Whether time only to count when vessel actually berthed.

Dole Dried Fruit v Trustin Kerwood [1990] 2 LIoyd's Rep 309. - Practice - Counterclaim - Set-off - Defendants alleged sole agency for plaintiffs' goods terminated without notice - Plaintiffs commenced proceedings claiming price of goods sold and delivered - Whether defendants entitled to set-off counterclaim for unliquidated damages against plaintiffs' claim.

Medway v Meurer [1990] 2 LIoyd's Rep 112. Practice - Application to set aside - Jurisdiction - Distribution agreement between English plaintiffs and German defendants - Plaintiffs alleged wrongful repudiation of agreement by defendants - Whether place of performance of obligation England - Whether Court had jurisdiction - Whether application to set aside service of writ should be granted - Civil Jurisdiction and Judgments Act, 1982.

1st Instance

Global Coal Ltd v London Commodity Brokers [2010] EWHC 1347 (Ch) Coal industry - Interpretation - Licensing agreements - Standard forms of contract - Trading.

Parbulk AS v Kristen Marine SA [2010] EWHC 900 (Comm) Agreements - Expenses - Guarantees - Hedging - Leaseback - Loan agreements - Reasonableness - Shipbuilding - Ships - Swap agreements.

Westacre Investments Inc v Yugoimport SDPR [2008] EWHC 801 (Comm) EWHC - Delay - Enforcement - Foreign proceedings - Judgement creditors - Third party debt orders.

Atos Consulting Ltd v Avis Plc [2007] EWHC 323 (TCC) Privilege - Redaction - Specific disclosure.

Sanhe Hope Full Grain Oil Foods Production Co Ltd v Toepfer Internation Asia Pte Ltd [2007] EWHC 2784 (Comm) Appropriation - Arbitration appeals - Award - Contract terms - Contracts of sale - Default - Interpretation - Repudiation.

SEB Trygg Holding AB v Manches [2005] 2 Lloyd's Rep 129 - See CA cases.

Borealis AB v Stargas Ltd (The Berge Sisar) (CA) [2002] EWHC Civ 757 Case management - Delay - Discretion - Joinder - Predjudice - Proportionality.

Demco Investments & Commercial SA v SE Banken [2005] 2 Lloyd's Rep 650 Arbitration - Application for permission to appeal on point of law - Arbitrators finding that pensions had been mis-sold - Allegations that arbitrators had reached conclusion in absence of evidence, applied wrong burden of proof and disregarded evidence - Whether question of law arose - Whether arbitrators' conclusions obviously wrong - Arbitration Act 1996, section 69.

The P&O Nedlloyd Marseilles [2003] 1 WLR 503

Linea Naviera Paramaconi S.A. v Abnormal Load Engineering Ltd [2001] 1 Lloyd's Rep763. Bill of lading - Counterclaim - Limitation of time - Claimants agreed to transport on their barge two specialized cranes - During voyage fire broke out damaging barge and parts of crane collapsed - Claimants claimed demurrage and damages for damage to and detention of barge - Defendants counterclaimed alleging barge unseaworthy and losses incurred while repairs undertaken - Whether defendants' claim time barred - Whether contractual extension of time limit granted by claimants to defendants.

Aktieselskabet Dampskibsselskabet Svendorg and another v Mobil North Sea Ltd and others [2001] 2 All ER (Comm) 553

KBC Bank v Industrial Steels (UK) Ltd [2001] 1 All ER (Comm) 409

Sinochem International Oil (London) Co. Ltd v Fortune Oil Co. Ltd. [2000] 1 Lloyd's Rep682. - Sale of goods - Contract - Oral agreement - Contract of sale of barrels of oil - Claim in respect of unpaid invoices - Application for appointment of arbitrator - Respondent denied agreement made on its behalf - Whether agreement made with respondent's actual authority - Whether respondent estopped from denying that it was party to agreement by doctrine of ostensible authority - Whether respondent entitled to declaration that it was not party to alleged contract.

Vale do Rio Doce Navegacao SA & Anr v Shanghai Bao Steel Ocean Shipping Co Ltd & Anr. [2000] 2 Lloyd's Rep 1. - Arbitration - Jurisdiction - Application to set aside arbitration claim form - Contract of affreightment concluded by broker - Owners joined brokers in arbitration application for declaration - Whether claim within arbitration exception in Lugano Convention - Whether CPR PD49G permitted service against brokers out of jurisdiction - Whether Arbitration Act, 1996 permitted owners to make application - Whether Court had jurisdiction to grant declaration against brokers - Whether application to join brokers should be set aside.

Minmetals v Ferco Steel [1999] AER (D) 7

Glencore International AG v Shell International Trading and Shipping Co Ltd [1999]2 Lloyd's Rep 692 Practice - Interpleader proceedings - "Same cause of action" - Construction - Proceedings commenced in Paris against defendants in respect of payment for cargoes ofnaptha - Defendants commenced interpleader proceedings in England - Whether Paris action and interpleader proceedings involved the same cause of action - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 21.

The "T JASKEMOLEN" (Now Named "V/SVLlET") [1997] 2 LIoyd's Rep 476 - Admiralty practice - Arrest of vessel - Security - Application to discharge or reduce security - Vessel arrested in Rotterdam but released by order of Rotterdam Court on application of owners - Whether plaintiffs showed good reason for maintaining arrest - Whether arrest of vessel in Liverpool abuse of process of Court - Whether security should be discharged.

The "T JASKEMOLEN" (Now Named "V/SVLlET") [1997] 2 LIoyd's Rep 465 Admiralty practice - Arrest of vessel - Security - Ownership of vessel - Application to discharge or reduce amount of security - Whether affidavit stated nature of claim - Defendants alleged vessel sold at time writ of summons issued - Whether transaction a sham or facade - Whether amount of security should be reduced.

Toepfer v Molino Boschi [1996] 1 LI Rep 510. - Sale of goods (c.if.) - Stay of proceedings- Short delivery - Proceedings commenced by defendants in Italy - Plaintiffs applied for declaratory and injunctive relief - Whether application for stay should be granted - Whether Brussels Convention applied - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts.17,21,22.

Aratra v Taylor Joynson Garrett [1995] 4 AER 695.

Swiss Bank Corporation v Premier League The Times 9 February 1995 - Banking and Finance.

Kaufmann v Credit Lyonnais Bank The Times 1 February 1995. - Banking and finance.

The Andreas P [1994] 2 LI Rep 183. - Sale of ship - Norwegian Saleform - Alleged breaches - Buyers contended that at time of delivery vessel failed to satisfy requirements of contract - Whether items of work carried out to comply with recommendations made by classification society before vessel delivered - Whether such costs recoverable from sellers.

The Giannis NK [1994] 2 LI Rep 171. - Cargo - Dangerous cargo - Shipper's Iiability - Cargo of ground-nuts shipped at Dakar infested with Khapra beetle - Cargo jettisoned at sea - Whether infestation originated in ground-nut cargo shipped under charter - Whether Khapra beetle already on board vessel when ground-nut cargo shipped - Whether cargo dangerous by reason of presence of Khapra beetle - Whether shippers' liable - Bills of Lading Act 1855, s. 1.

The Cebu (No 2) [1993] QB 1. - Shipping - Charter party - Time charter - Owners' lien for unpaid hire - Vessel sub-subchartered - Dispute between owners and head charterers - Owners having lien upon "all subfreights" for any amounts due under head charter - Whether owners' lien extending to hire due under sub-sub-time charter - New York Produce Exchange form, cl. 18

Education and Career: 

Born in 1961, he was educated at Westminster School (1974-79), Dante Alighieri School, Florence (1980) (Diploma in Italian), Magdalen College, Oxford (1981- 84) (BA Hons) (MA 1996), City University (1984-85) (Diploma in Law) and Council of Legal Education (1985-6) (Bar Finals). 1986 Birkenhead, Karmel, Holker (Senior) and Mould scholarships.

He was called to the Bar at Gray's Inn in 1986 and appointed Queen's Counsel in 2002 and admitted to the Bar of the East Caribbean Supreme Court, British Virgin Islands. He became a Bencher of Gray's Inn in 2004.

Appointments and Society Memberships: 

Member of LCIA, COMBAR and London Common Law and Commercial Bar Association, Franco British Lawyers Society, British Italian Law Association, British German Jurists Association and Anglo-Russian Law Association and supporting member of the LMAA. Chairman LMAA Supporting Members Liaison Committee. Member of the Singapore Chamber of Maritime Arbitration.Member of the Civil Mediation Council.

Quotes: 

In editions of Legal 500 and Chambers & Partners Duncan Matthews QC again receives high recommendation and praise. Comments from practitioners include:

Commercial dispute resolution

Chambers UK

"Duncan Matthews QC is a "super-smooth advocate and an effective cross-examiner," whom judges love. He is the architect of a strong international practice." (2012)

"Duncan Matthews QC is an "exceptional cross-examiner who is utterly unflappable under pressure." Instructing solicitors are full of praise for this "polished performer" and particularly cherish his 'common-sense advice.'" (2011)

Chambers & Partners

"Matthews handles a good deal of cross-border work and is "a stylish, smooth and unruffeable advocate"." (2010)

"The "fantastic and clever" Duncan Matthews QC is known for his handling of domestic and international trade cases, especially those relating to international trade and carriage of goods. He is "a man of depth and great purpose"." (2009)

"The 'razor sharp' Duncan Matthews QC Knows how to frame arguments persuasively before courts and tribunals. His expertise resides in the international trade, construction, insurance/reinsurance and oil and gas sectors." (2008)

Commercial Litigation

Legal 500

"Duncan Matthews QC... 'will be a supersilk in a few years without any doubt'." (2011)

Leading Silk (2010)

"Duncan Matthews QC displays a strong depth of knowledge but also a refreshing pragmatism." (2009)

International Arbitration

Chambers UK

"The "super-smooth" Duncan Matthews QC is acknowledged as "a powerful advocate." His areas of expertise include international trade and carriage of goods, insurance and reinsurance, IT and oil and gas." (2012)

"Duncan Matthews QC is hailed for his "mastery of the facts and eye for a winning argument" ... Instructing solicitors value his "smooth advocacy."" (2011)

Chambers & Partners

"Duncan Matthews QC [is] making [a] strong impression on the market with [his] commercial expertise ... Matthews is a powerful cross-examiner who is "not only astute in analysing the key issues, but has the experience to ensure such issues remain focused upon." (2010)

"The hugely popular Duncan Matthews QC has "a very pragmatic and commercial hands on style and manner that lends confidence to a tribunal"." (2008)

Commercial arbitration

Legal 500

"Duncan Matthews is 'bright, and has a fantastic personality'." (2008)

Shipping and Commodities

Chambers UK

"Duncan Matthews QC has been instructed on several complex, multi-jurisdictional shipbuilding disputes this year. He "is just super-smooth and can make any proposition sound plausible."" (2012)

"Duncan Matthews QC, meanwhile, is regarded as "the bees knees for charter party work." Much of the reason for this is because "he combines legal acumen and market knowledge to greater effect than most of his contemporaries."" (2011)

Chambers & Partners

Duncan Matthews QC, an expert in both shipping and international trade. Observers find him "an exceptionally bright and polished performer " who has the "ability to continually hit the nail on the head." Although very busy, he is a favourite of solicitors as he is adept at dealing with issues at short notice." (2010)

"Solicitors declared themselves more than happy to instruct Duncan Matthews QC, whom they described as "a powerful advocate of outstanding intelligence"."(Matthews is often involved in London Maritime Arbitrators Association arbitrations." (2009)

""A bright and powerful advocate", Duncan Matthews QC covers both commodities and shipping, and is said to be "practical and accessible in his approach"."(2009)

"Observers state that "astute and user-friendly" Duncan Matthews QC possesses a most useful skill: covering both commodities and shipping domestically and internationally, he "seems to have a way of convincing arbitrators of the merits of his case"." (2008)

Legal 500

"recommended for ... his 'excellent closing statements' and 'ability to memorise the entire contract'." (2011)

Leading Silk - Commodities: "'presents cases with panache', and is 'very quick and to the point'." (2010)

Leading Silk - Shipping: "swift and incisive, gets straight to the heart of a matter, is very approachable and great with clients." (2010)

"A formidable operator, he gets to the important issues quickly and always has the ear of the Tribunal." (2009)

"Duncan Matthews QC is judged by peers to be 'amazing' in front of tribunals." (2008)

Members with similar specialisations...

Many other members specialise in similar fields. A selection is below.

Queen's Counsel

Junior Counsel