Luke Pearce

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Luke Pearce has a broad practice covering all aspects of commercial law, with a particular emphasis on banking and derivatives, shipping, commodities/sale of goods and insurance/reinsurance. He regularly appears in the High Court and County Courts, and also has experience in the Court of Appeal. 

Luke's recent cases include Star Reefers v JFC (commercial court proceedings against a Russian company under a guarantee), Golden Ocean v Salgaocar (a multi-million dollar claim against an Indian company and its alleged agent relating to a putative guarantee) and several high value claims under forward freight agreements (including Pioneer Freight Futures v TMT).  A number of Luke's recent cases have involved applications for injunctive relief, including freezing injunctions, disclosure orders and anti-suit injunctions.       

Before coming to the Bar, Luke was a lecturer in Law at Worcester College, Oxford where he taught Contract law and Roman law.  

Specialisations: 

  • General Commercial
  • Banking
  • Private International Law
  • Shipping
  • Commodities (International Sale of Goods)
  • Insurance and Reinsurance
  • Arbitration
  • Civil Fraud
  • Professional Negligence
  • Sports Law

Principal Cases: 

General Commercial

Instructed in an LCIA arbitration relating to the operation of an oil-field off the coast of Nigeria. The case has included a successful application to the High Court for an urgent interim injunction.

Chvetsov v Matuzny [2011] EWHC 248 (QB) - acted for the successful claimant in a claim for the recovery of shares in a Russian company under a loan agreement (with Mark Templeman QC).

Recently instructed in a High Court claim for the recovery of unpaid solicitors' fees.

Regularly instructed in all types of commercial and contractual disputes in a wide range of fields.

Banking

Currently instructed in a number of high value claims under forward freight agreements, including Pioneer Freight Futures v TMT [2011] EWHC 1888 (Comm); [2011] EWHC 778 (Comm) (with Charles Kimmins QC). The cases raise important questions relating to the construction of the ISDA Master Agreement.

Instructed by the joint administrators of Lehman Brothers International (Europe) in the "Rascals" litigation, which resulted in the judgment of Briggs J in Re The Administration of Lehman Brothers (Europe) [2010] EWHC 2914 (Ch).

Private International Law

Star Reefers v JFC [2011] 2 Lloyd's Rep  215 - acted for the successful respondent to a jurisdiction challenge, which raised an important question relating to the proper law of guarantees (with Charles Kimmins QC).

Golden Ocean v Salgaocar [2011] 1 CLC 125 - acted for the second defendant in an application disputing the court's jurisdiction to try a claim against an Indian company and its alleged agent relating to a putative guarantee (with Charles Kimmins QC). The case raised questions relating to the application of s.4 of the Statute of Frauds 1677, and the proper law of a warranty of authority.

Star Reefers v JFC [2010] EWHC 3003 - acted for the successful applicant in an application for an anti-suit injunction (with Charles Kimmins QC).

Shipping

Star Reefers v JFC [2011] EWHC 2204 (Comm) - acting for the claimant owner in ongoing commercial court proceedings against the guarantor of a charterer's obligations under two long-term charterparties (with Charles Kimmins QC).

Golden Ocean v Salgaocar [2011] 1 CLC 125 - acting for the second defendant in a claim for breach of warranty of authority relating to the alleged conclusion of a long-term charterparty and performance guarantee (with Charles Kimmins QC).

Regularly instructed in a wide range of shipping disputes, including disputes under charterparties, COAs, bills of lading, and shipbuilding contracts.

Commodities

Regularly instructed in cases involving the international sale of goods. Recent examples include a claim for US$350,000 following the repudiation by the buyer of a contract for the sale of wheat, and a claim for demurrage of about US$250,000 arising out of a CIF contract for the sale of oil.

Insurance and Reinsurance

Currently instructed for the Defendant insurers in a £9 million claim under an insurance contract, involving questions as to the proper construction of a deductible provision, and a claim for rectification (with Christopher Hancock QC).

Arbitration

Regularly instructed in arbitrations under a variety of rules (including in particular LCIA, LMAA, GAFTA, and FOSFA).

Recently instructed in a section 69 appeal to the High Court following a decision of the FOSFA board of appeal.

Sports Law

Assisted Sir Philip Otton in connection with an arbitration between a Premier League football manager and his former club.

 

Education and Career: 

Education

BA (Law), Worcester College, Oxford (Double First, ranked second in University)

BCL, Worcester College Oxford (Distinction)

BVC, Inns of Court School of Law (Very Competent)

 

Prizes, Scholarships, Awards

 

Lord Mansfield Scholarship, Lincoln's Inn (2006)

Bruce Reynolds Prize for the best performance in the BCL, Worcester College, Oxford (2006)

Hardwicke Entrance Award, Lincoln's Inn (2005)

Martin Wronker Prize (Proxime Accessit) for obtaining the second highest first in Law Finals, Oxford University (2005)

Henriques Prize, Worcester College, Oxford (2005)

Simmons and Simmons Scholarship, Worcester College, Oxford (2002)

Publications: 

"Rescission, Restitutio in Integrum and Termination Agreements" (2008) RLR 124

"Foakes v Beer and Promissory Estoppel: a Step Too Far" (2008) KLJ 630

Appointments and Society Memberships: 

COMBAR

Lectures and Teaching: 

Lecturer in Law, Worcester College, Oxford (2006-2008)

Lecturer in Contract Law, Kings College London (2007-2008)

 

 

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