Josephine Davies

BA, MSci (Cantab); GDL (City)

Areas of expertise

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Josephine practises in all areas of commercial and competition law, litigation and arbitration.  She has experience acting for and against companies (from multinationals to small businesses), state entities and individuals from a wide range of sectors including: commercial and military aviation; utilities; banking; defence; satellites; hydrocarbon exploration; oil, gas and carbon credit trading; IT and technology; shipping; commodities and bookmaking.

Her cases cover a wide range of legal issues.  Amongst these are EU and competition law, insurance and reinsurance law, conflict of laws and the Brussels Regulation, court supervision of arbitration, agency, restitution, tort, bailment, illegality, penalties, title and, of course, general contract law.

Josephine is a keen and determined advocate.  As sole counsel she has conducted trials in a range of tribunals and courts and has experience of cross examining factual and expert witnesses in London arbitration, the High Court (Commercial Court), the County Court and the First-Tier Tax Tribunal.   As sole and junior counsel (to, among others, Iain Milligan QC, Timothy Young QC and Stephen Morris QC)  she has experience of a range of courts and international arbitration tribunals (including LCIA, LMAA, UNCITRAL and other ad hoc) with London, Paris and Hong Kong seats.  In addition, Josephine has represented clients in formal mediation.   Josephine also has experience as a tribunal secretary in a substantial and long running international arbitration. 

Josephine has a strong academic background.  Her studies, before coming to the bar, in physical natural sciences (including chemistry, geology, physics and mathematics) at undergraduate level and chemistry at masters level, provide an ideal foundation to grasp rapidly the technical, financial and economic concepts and computing and technology issues which arise in many of her cases.  Since being in practice, Josephine studied for and was awarded the King's College London PG Dip. in EU Competition Law with distinction (coming top in her year).

Josephine is co-author of the chapter on LCIA arbitration in OUP's Practitioner's Handbook on International Commercial Arbitration.  In 2010 and 2011, she was part of the UK delegation to the "Jeune CMI" Young Maritime Lawyers' association conference where she was invited to present the English Law perspective on the case studies: The Aconcagua and Piracy and General Average.   

Josephine was called in 2006 and has been a tenant at 20 Essex Street since 2007. 

Specialisations: 

  • General commercial
  • Arbitration
  • Shipping
  • Commodities
  • Insurance and Reinsurance
  • Banking (including guarantees and derivatives)
  • Competition and EU
  • Private International

Principal Cases: 

General Commercial

Arbitration (LCIA) - acting for a major EU utility company against gas field producers who sought an injunction to enforce a non-compete / no contact clause.  Raised issues of equitable jurisdiction, restraint of trade and EU competition law. 

Arbitration (LCIA) - claim for debt of US$20 million, defence raising issues of fraud and tribunal's jurisdiction.

Arbitration (UNCITRAL) - dispute between global corporations regarding scope of a tax indemnity clause in a contract for satellite use, claim for about $25 million.

Lamb v Spencer (Chancery Division) - contractual construction, partnership, case referral, Solicitor's Code of Conduct, illegality, arising from a loan of £500,000.

Ashaka v Auto Whizzard Ltd (County Court, multi-track) - misrepresentation, breach of contract, arising from sale of a business, claim for about £75,000.

Acting for FTSE listed major supplier of services to the Government.  Advice on contractual construction including in the public procurement context.

Various cases involving claims in debt, for breach of directors' duties and related employment law issues.

Shipping

Arbitration (LMAA) - claim for some US$400,000 for off-hire and repair costs by charterers following bulwark failure.  Raises issues of seaworthiness and due diligence and the scope of the implied indemnity.

Commercial Court (pre-action) -  claim for some US$500,000 for breach of charterparty due to unseaworthiness, following collision during ship-to-ship transfer.

Exportadora Valle de Colina SA v AP Moller-Maersk [2010] EWHC 3224 (Comm) - claim for damage to grapes carried from Chile to Europe in 57 refrigerated containers on numerous voyages.  Raised issues of causation (principally, inherent vice, poor packing, handling or stowage, or periods of power offs), burden of proof, construction of the bill of lading terms, particularly, clause 6.1(b) which closely mirrored the Convention on the Contract for the International Carriage of Goods by Road Act 1956 (CMR) Art 18(2) and proof of quantum and remoteness.

Arbitration (LMAA) - four day arbitration concerning alleged breach of speed and consumption warranties.

Cosmotrade v Overcom (Commercial Court) - freight claim under Gencon bill of lading and restitutionary claim arising from fraud by broker, claim for about $1 million.

Charterparty disputes (arbitrations) - including in relation to unseaworthiness from various causes (including holes in fuel oil vent pipes and inadequacy of crew), bunker disputes, laytime and demurrage, effective NORs, speed and consumption, ice clauses, requirement for underwriters' consent, purchase options, hold condition on delivery, hull coating, penalty clauses, waiver and estoppel.  Under various forms including NYPE, Gencon, Amwelsh, and Sugar charterparties.

COA (arbitrations) - including effect of economic downturn, validity of nomination and effect of piracy.

Cargo claims (Commercial Court and arbitration) - acting for and against cargo interests in claims for damage and shortage in relation to bulk cargo, bagged cargo, containerised and refrigerated cargoes.

Shipbuilding (arbitrations) - acting for buyer and seller in various cases raising issues including non-delivery, permissible delay, conformity with contractual specification, the prevention principle, assignment, bailment and repudiation.

Yacht disputes (arbitration and Commercial Court) - acting for owners of a luxury yacht in 3 day arbitration concerning quality, acting for owner of yacht in dispute with mortgagor following foreclosure and sale, general advice on contract for purchase of a super yacht.

Advising in other related matters including negligent damage to a ship by divers, general average, war risks and salvage of historic wreck and treasure.

Commodities

Arbitration (LCIA) - claim for some US$3.5 million concerning long-term supply of marine fuels, raising issues of appropriate measure of damages under the Sale of Goods Act, relevance of hedging and possible abuse of dominant position and market sharing (infringing Art 102 and Art 101).

Challenge Prospect (Commercial Court) - claim of some US$500,000 for short landing and demurrage.

Mabanaft BV v Baltic Hydrocarbons Ltd (Commercial Court) - claim for damages, including losses suffered in unwinding a hedged position, following non-delivery by seller.

Arbitration (LMAA) - dispute regarding contractual formation, rectification and hedging,  claim for about $2.5 million.

Arbitration (LCIA) - dispute relating to supply of iron ore and barter provisions, issues in relation to security and jurisdiction.

Advice to global resources company in relation to scope of force majeure and termination provisions in copper supply contracts.

Competition and EU

Arbitration (LCIA) - acting for a major EU utility company against gas field producers who sought an injunction to enforce non-compete and no contact clauses.  Raised issues of equitable jurisdiction, restraint of trade and EU competition law (Art 101, TFEU). 

Arbitration (LCIA) - concerning long-term supply of marine fuels, raising issues of appropriate measure of damages under the Sale of Goods Act and possible abuse of dominant position and market sharing (Arts 102 and 101, TFEU).

Visa Europe and Visa International v Commission Case T-461/07 - assisted Stephen Morris QC in preparation for General Court hearing.

Chancery Division (pre-action)  - dispute between a major airline and general cargo agent concerning effect of Commercial Agents Regulations (1993/3053) and alleged price-fixing.  Attended mediation where the case was successfully settled.

Reference to ECJ (pre-action) - advice on the prospects of a successful challenge to the ECJ ruling (Sturgeon v Condor C-402/07) on the Denied Boarding Regulations (261/2004) and the means by which a reference could be obtained.

Masterpiece Technology Ltd v HMRC; IT Fast Track Ltd v HMRC - multi-million pound appeals before the First Tier Tax Tribunal concerning alleged Missing Trader Intra Community (MTIC) VAT fraud and alleged discrimination.

Insurance and re-insurance

Commercial Court (pre-action) -  claim for indemnity against insurers and for breach of duty against brokers arising from alleged material non-disclosures.  Successful resolution in mediation.

Arbitration - scope of cover of re-insurance layer following successful and substantial recovery against insured car manufacturer by personal injury claimants in USA.

Advisory work regarding scope of cover in domestic insurance, general commercial policies and P&I cover.

Banking and finance

TMT Ltd v Pan Oceanic Maritime Inc (Commercial Court) - freight forward derivative contract, FABA Rules and ISDA, dispute in relation to effectiveness of termination, calculation of sums payable on termination.  

Commercial Court (pre-action) - dispute concerning alleged sale at undervalue by yacht mortgagee in possession.

Advising on validity of guarantees in various contexts including shipbuilding, charterparties and licence agreements.

Advising on ownership of carbon credits and appropriate forum for suit.

Arbitration

Many of Josephine's cases are arbitrations and raise issues of practice and procedure.  She has, for example, been involved in applications to the Commercial Court for the appointment of an arbitrator and for the Court to exercise its powers where the Tribunal could not and in applications to challenge an arbitration award under s.67, s.68 and s.69 of the Arbitration Act 1996.

She is tribunal secretary to sole arbitrator in a substantial and long running international arbitration under the UNCITRAL rules concerning breaches of an aircraft lease agreement.

Education and Career: 

King's College London: Postgraduate Diploma in EU Competition Law, Distinction (2010).   

DLA Piper prize for the highest overall mark.

City University & Lincoln's Inn: BVC, Outstanding (2006); GDL, Distinction (2005).      

Everard Ver Heyden Foundation prize (2006) for BVC results, entrance Scholar to City University (2004). Levitt (2006), Lord Mansfield (2005), Lord Bowen (2004) and Hardwicke (2004) scholarships and the Buchanan Prize (2006) awarded by Lincoln's Inn. Winner of the Lincoln's Inn Sir Louis Gluckstein Advocacy Competition (2006).

Clare College, Cambridge: MSci (Chemistry), 1st class (2003); BA Nat. Sci. (Physical), 1st class (2002). 

Olive Ward prize for Chemistry (2003), Scholar of Clare College.

Publications: 

Co-author of chapter on LCIA Arbitration in Practitioner's Handbook on International Commercial Arbitration Second Edition (2010) Ed. Frank-Bernd Weigand.

Appointments and Society Memberships: 

  • COMBAR
  • Bar European Group
  • LCIA Young International Arbitrators Group
  • South Eastern Circuit
  • Bar Pro Bono Unit and Free Representation Unit.

Quotes: 

 "a standout junior" Global Competition Review (2011)

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