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Josephine Davies

BA, MSci (Cantab); GDL (City)

Josephine specialises in all areas of commercial and competition law. Described as "An extremely clever barrister who is easy to work with and very helpful" (Chambers UK Bar Guide 2016); she is an experienced and determined advocate and advisor. Those who instruct her appreciate her "measured approach".  She is equally at ease in court and in arbitration proceedings.

Having studied chemistry, geology, physics and maths at Cambridge, Josephine is comfortable with technical, scientific, pharmaceutical, financial and economic concepts. As Chambers UK Bar Guide 2015 says, "She is able to interpret the technical aspects of a case and put it in a language that the client understands."

Examples of Josephine’s cases:

Injunctions, contempt and relief from sanctions

-Confidential urgent injunction restraining disclosure of extensive confidential information.

-Lakatamia v Su [2014] EWCA Civ 636 – standard Commercial Court freezing injunction wording excludes assets of company wholly owned by injunction defendant.

-E v M [2013] EWHC 895 (Comm) – obtained declaration that contempt purged.

-Lakatamia v Su [2014] EWHC 275 (Comm) – relief from sanction of strike out.

 

Pharmaceuticals, science and technology

-Astex Pharmaceuticals v AstraZeneca AB (Chancery Division, trial 2017) – acting for Claimant in multimillion dollar dispute about development of new Alzheimers drug.

-LCIA Arbitration ($10m) re operation of satellite and alleged misrepresentation on sale.

-Advising on termination of research and development agreement and licence for hepatitis drug.

 

Shipping, commodities and shipbuilding

-The Astra [2013] EWHC 865 (Comm) and Spar Shipping v Grand China Logistics AS [2016] EWCA Civ 982 – landmark cases on the payment obligation in a standard form charterparty.

-Marios G / Maersk Piper – highly technical Commercial Court dispute about degree and cause of contamination to cargo of gasoil and quantum.

-LMAA arbitration for defendant builder facing claim of about $10 million for alleged safety and stability defects.

 

Energy

-Ad hoc arbitration –  tax exemptions for hydrocarbon exploration offshore Brazil (REPETRO). 

-LCIA arbitration – injunctive remedy for breach of non-compete / confidentiality provisions in relation to gas supply agreement.

 

Competition law

-PU Foam cartel – currently instructed in follow-on action for damages .

-Advising on terms of supply to major UK supermarket and Groceries Supply Code of Practice.

-Tesco PLC v OFT [2012] CAT  31 – landmark case on the hub and spoke infringement in competition law.

-Advising major UK bank on LIBOR investigation and leniency applications.

 

General commercial and finance

-Lakatamia v Su – $58 million claim arising from a derivatives warehousing transaction. 

-SIAC arbitration – termination of 20 year global distribution agreement, multi-million dollar claims.

-LCIA Arbitration (multimillion dollar) about tax indemnity  in contract for satellite High value international arbitrations about operation and sale of satellites

-Atlas Elektronik UK Ltd v QinetiQ Ltd (Commercial Court) – acted for defendant to claim for some £12m for misrepresentation and breach of warranty on business sale.

 

Education and Career: 

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

City University & Lincoln's Inn: BVC, Outstanding (2006); GDL, Distinction (2005).  Various prizes including winner of Lincoln's Inn Sir Louis Gluckstein Advocacy Competition (2006).

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

Publications: 

Much of Josephine’s work involves private international law issues and she writes regularly on 20 Essex Street’s jurisdiction and conflicts of law blog

20 Essex Street case update 'The Astra is laid to rest' October 2016

20 Essex Street case update 'Economic Torts and Cartel Claims - The end of a dream?' October 2015

Between 2011 and 2014, Josephine was the author of and responsible for a major update of Division X, Public Enforcement of Competition Law in the UK of Butterworths Competition Law.

Josephine is the co-author (with Julian Lew QC) of the chapter on LCIA arbitration in OUP's Practitioner's Handbook on International Commercial Arbitration.

Appointments and Society Memberships: 

  • COMBAR (Exec Committee member)
  • Bar European Group
  • LCIA Young International Arbitrators Group
  • South Eastern Circuit
  • Bar Pro Bono Unit and Free Representation Unit
  • Supporting Member of the London Maritime Arbitrators' Association
  • Fraud Lawyers Association (FLA) and Young Fraud Lawyers Association (YFLA)

Lectures and Teaching: 

Josephine regularly gives talks and presentations. Topics include: legal professional privilege; piercing the corporate veil; freezing injunctions (personal liability of directors, the Chabra jurisdiction); service out of the jurisdiction; assessment of damages; private enforcement of competition law (including damages); and piracy.

Quotes: 

"An extremely clever barrister who is easy to work with and very helpful." Chambers UK Bar Guide 2016 (Shipping & Commodities) 

An up-and-coming advocate”  "She is able to interpret the technical aspects of a case and put it in a language that the client understands." Chambers UK Bar Guide 2015 (Shipping & Commodities)

Recommended in the fields of Shipping, Commodities and Competition Law (Legal 500 2013)

 "a standout junior" Global Competition Review (2011)