Graham Charkham

BSc (Soc) (Bristol University) ; M.A.(King's College, London)

Areas of expertise

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Graham Charkham's principal areas of practice are insurance and re-insurance, shipping, civil fraud, international sale of goods, commodities, conflicts of laws and professional negligence claims.  He advises in relation to litigation and arbitration in England and abroad and represents his clients before Courts and arbitration panels in England.  He is also a CEDR accredited mediator.

Graham Charkham is married with two children.  His interests include: classical music, watching cricket, photography, medical ethics and the medical law.

Specialisations: 

  • Agency
  • Anti Suit Injunctions
  • Arbitration
  • Cargo Claims
  • Civil Fraud
  • Commodities law
  • Derivatives law
  • Freezing orders
  • Insurance (Marine and Non Marine)
  • International Trade
  • Interpleader actions
  • Professional Negligence
  • Sale of Goods
  • Shipping
  • Yacht Disputes
  • Medical law and ethics
  • Share Sale Agreements/ Breach of Warranty claims

Principal Cases: 

Marine Insurance

North Star Shipping Ltd v Sphere Drake Insurance [2006] Lloyd's Rep IR 519 (Court of Appeal) and [2005] Lloyd's Rep IR 404 (Colman J). Scuttling, moral hazard, non disclosure.

Handelsbanken ASA v Dandridge. The "Aliza Glacial" [2002] 2 Lloyd's Rep 421 (Court of Appeal) . Leading case on mortgage interest insurance. Detention, exclusion clauses, seizure, warranties/war risk insurance.

The "Delphine" [2001] 2 Lloyd's Rep 542. Yacht insurance. Yacht destroyed by fire. Scuttling. Burden of proof in arson case.

Non-Marine Insurance

Horbury Building Systems Ltd v Hampden [2007] 1 Lloyd's IR 237. Product liability insurance cover, law of declarations.

Wailes v Stapleton Construction [1997] 2 Lloyd's Rep 112. Permanent Health Insurance. Recovery of costs on indemnity basis.

Sale of Goods

Ocean Chemical Transport Inc v Exnor Craggs Ltd Court of Appeal [2000] 1 All E.R. (Comm) 519; [2000] 1 Lloyd's Rep. 446. Contract terms, exclusion clauses, unfair contract terms.

Shipping

The "Eurasian Dream" [2002] 1 Lloyd's Rep. 719: Fire on car carrier leading to total loss of cargo. First case in which Court considered relevance of ISM in context of claim of unseaworthiness under Hague Visby Rules.

The "Eurasian Dream" No 2. [2002] 2 Lloyd's Rep 446. Recovery agent's fees not recoverable as costs of action. Whether champertous.

The "Oakwell" [1999] 1 Lloyd's Rep. 249; [1999] C.L.C. 216. Charterparties, P&I letter of undertaking/ Shipowner's undertaking.

The "Pamela" [1995] 2 Lloyd's Rep 249. Withdrawal for non payment of hire. Termination notices.

The "Edinburgh Castle" [1999] 2 Lloyd's Rep 362 (Admiralty Court). Scope of Admiralty Court's jurisdiction. Default judgments in in rem action.

Commodities

Soules v Louis Dreyfus [2000] 2 Lloyd's Rep 307. Sampling rules, reliance upon corrected analysis certificate.

Agrimex Ltd v Tradigrain SA [2003] EWHC 3451 (Comm). Timing of notice of readiness under sale contract.

Arbitration

Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch.) WLR (D) 129.  Stay of judicial proceedings, s9(3) Arbitration Act 1996, no step in proceedings when Defendants seek extension of time for service of defence.

Santa Cruz Tres [1995] 1 Lloyd's Rep 208: setting aside appointment of arbitrator.

Equatorial Traders Ltd v Louis Dreyfus Trading Ltd [2002] 2 Lloyd's Rep. 638. Arbitration Act time extension under S79 of Arbitration Act.

Liens

Ismail v Richards Butler [1996] Q.B. 711; [1996] 3 W.L.R. 129; [1996] 2 All E.R. 506; (1996). Scope and effect of solicitor's lien.

Costs

Pendennis Shipyard Ltd v Magrathea (Pendennis) Ltd [1998] 1 Lloyd's Rep 315. Recovery of costs from non party.

Conflicts of Law

Chase v Ram Technical Services Ltd [2000] 2 Lloyd's Rep. 418. Jurisdiction of English Court in insurance dispute.

High Court Procedure

Tramp Oil & Marine Ltd v State Enterprise for Water Transport (Court of Appeal) [2005] EWCA Civ 772. Delay in pursuing claim; commercial claim: documentary evidence.

Marcan Shipping (London) Ltd v Kefalas (Court of Appeal) [2007] EWCA Civ 463; [2007] 1 W.L.R. 1864; [2007] 3 All E.R. 365; [2007]. Unless orders: self executing.

Human Rights Law

Inniss v St Christopher and Nevis (Privy Council) [2008] UKPC 42. Constitutional rights infringed: vindicatory damages.

Education and Career: 

Bristol University 1980

M.A. King's College, London 2005 (Medical Ethics and Medical law).

Publications: 

Easeful Death: Is there a case for assisted dying? Med. L. Int. 2008, 9(3), 263-274.

Over-technical approach defeats purpose of Brussels Convention. I.T.L.Q. 2000, 1(Feb), 59-61

Woolf's cure: is it working? Comm. Law. 2001, 47 Supp (Back in business), 11-12.

Appointments and Society Memberships: 

  • LMAA
  • Combar

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