Malcolm Jarvis

MA, LLM (Cantab), LLD (Groningen)

Areas of expertise

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Malcolm Jarvis has a broad commercial practice, specialising principally in the conflict of laws and commercial disputes concerning the carriage of goods, sale of goods, insurance, reinsurance and shipping. He also specialises in all aspects of EU law (principally Competition law, State aid, free movement of goods, services and capital).

After reading law at the University of Cambridge, where he was awarded a first class Master of Laws degree, he obtained a doctorate (Cum Laude) from the University of Groningen in the Netherlands.

He was called to the Bar of England and Wales in 1998 (Middle Temple) and has been in practice at 20 Essex Street since October 1999.

Specialisations: 

  • Shipping
  • Energy (Oil & Gas)
  • Banking & derivatives
  • Sale of goods & commodities
  • Insurance & reinsurance
  • Private International Law
  • Arbitration and Mediation
  • General Commercial
  • EU and Competition

Principal Cases: 

Shipping:

Zodiac Maritime Agencies Ltd v Fortescue Metals Group (KILDARE), Commerical Court, [2010] EWHC Comm: Repudiation of a five year consecutive voyage charter for carriage of iron ore from Australia to China; measure of damages; whether available market for a subsitute period charter. Damages awarded c. $80 million.

Golden Fleece Maritime Inc v. ST Shipping (ELLI and FRIXOS), Commercial Court, [2007] EWHC 1890 (Comm), [2008] 1 Lloyd's Rep. 262 and Court of Appeal, [2008] EWCA Civ 584, [2008] 2 Lloyd's Rep. 119: Shelltime 4 charter; change in international regulations (MARPOL) rendering carriage of fuel oil by vessel unlawful without flag exemption certificate; whether owners in breach of charter by not modifying vessel to comply with new regulations.

R & T Holdings Ltd v. Cosco (UK) Ltd, Central London County Court (B0302484): Existence of contract for payment of Import Service Charge between shipping line's agents and freight forwarder, claims for restitution.

Energy (Oil & Gas):

Petromec Inc v. Petroleo Brasileiro S.A. Petrobras and Others : On-going and complex litigation arising out of the upgrade and then sinking of the oil rig, "Petrobras-36" off the coast of Brazil in 2001. The Petrobras-36 was the world's largest offshore production platform and this litigation has been aptly described as "the world's largest oil platform dispute" (The Times, 1 June 2004). Commercial Court [2004] All ER (D) 10 (Feb) and Court of Appeal [2005] EWCA Civ 89, [2006] 1 Lloyd's Rep. 121: Claims arising out of upgrade of semi-submersible production platform; dispute in relation to finality of sums paid pursuant to Variation Orders; enforceability of contractual obligation to negotiate in good faith. Commercial Court [2006] EWHC 1443 (Comm), [2007] 1 Lloyd's Rep. 629: Claims for fraudulent and negligent misrepresentation. Commercial Court [2007] EWHC 1589 (Comm) and Court of Appeal [2007] EWCA Civ 1371, [2008] 1 Lloyd's Rep. 305: 'Global' claims for damages; necessity to plead and prove causal nexus. Court of Appeal [2004] EWCA Civ 156, [2004] 1 Lloyd's Rep. 629: Loss payment due following actual total loss of semi-submersible production platform; proper construction of agreement for sale and purchase of semi-submersible production platform and of security agreements. Commercial Court [2004] EWHC 1180 (Comm), [2005] 1 Lloyd's Rep. 219 and Court of Appeal [2005] EWCA Civ 89, [2006] 1 Lloyd's Rep. 121: Claims in relation to entitlement to insurance proceeds following loss of the rig; whether company appointed to upgrade platform retained title to materials and equipment; passing of property in a contract for work and materials.

Banking & derivatives:

Fortis Bank SA/NV v Indian Overseas Bank, Commercial Court [2009] EWHC 2303 (Comm), [2010] 1 Lloyd's Rep 227: Letters of credit, documentary discrepancies, definition of confirming bank under UCP 600; preclusion from relying on discrepanices.

Marine Trade SA v Pioneer Freight Futures Co Ltd BVI, Commercial Court [2009] EWHC 2656 (Comm), [2009] 2 CLC 657: ISDA Master Agreement, forward freight agreements (FFAs), bankruptcy event of default, availability of netting, mistake, restitution.

Sale of goods & commodities:

Latker v. General Guarantee Finance Ltd, Court of Appeal [2001] EWCA Civ 875; [2001] All ER (D) 03 (Jun): misrepresentation; fraudulent misrepresentation; sale of goods; whether misrepresentation actionable in absence of proven loss.

Insurance & reinsurance:

Arbitration concerning disputes arising out of the US PA and Workers' Compensation market, acting for retrocessionaires.

Private International Law:

Onstream International Ltd v. Actebis Computer Deutschland GmbH, High Court (QBD) (HQ02X01443): challenge to jurisdiction of English Courts under "Brussels Regulation" 44/2001; whether English Courts have special jurisdiction under Article 5(1)(b) of Regulation in a contract relating for the sale of goods.

Arbitration and Mediation:

Reliance Industries Ltd v Enron Oil and Gas India Ltd, Commercial Court [2002] 1 Lloyd's Rep. 645: Statutory criteria for grant of permission to appeal against arbitration award; contract governed by law of India; parties agreed that Indian law the same as English law; whether appeal raises 'question of law of England or Wales' under s 82(1) Arbitration Act 1996.

General Commercial:

Koch Shipping Inc v. Richards Butler (a firm), Commercial Court, [2002] Lloyds Rep. PN 201, Court of Appeal [2002] EWCA Civ 1280, [2002] 2 All ER (Comm) 957, The Times, 21 Aug 2002: injunction to prevent breach of duty of confidentiality to former client; arbitration.

Petromec Inc v. Petroleo Brasileiro S.A. Petrobras and Others, Commercial Court, [2005] EWHC 2430 (Comm), Court of Appeal [2006] EWCA Civ 1038 : Circumstances in which a non-party may be ordered to pay costs of proceedings under s.51 Supreme Court Act 1981; whether non-party controlling, funding and having interest in proceedings.

Intertrade Lines SA v. Mohammad Shafiq, Commercial Court [2005] EWHC 3150 (QB): application to discharge freezing order; applicable principles when considering successive applications for similar relief, allegation of non-disclosure.

EU and Competition:

Jersey Produce Marketing Organisation Limited v. The States of Jersey (Case C-293/02) [2005] ECR 1-9543, [2006] 1 CMLR 29: European Court of Justice: Legislation on the export of Jersey Royal potatoes from Jersey to the United Kingdom; Whether a measure that applies only to trade within an EU Member State is subject to the free movement of goods rules; Protocol No. 3 to the Act of Accession of the United Kingdom.

Commission v. Atlantic Energy Ltd (Case T-182/08): Court of First Instance: Contract for financial assistance concluded under a specific Community programme in the field of non-nuclear energy; reimbursement of sums advanced; statutory set off; procedure for judgment by default.

R(on the application of Angliss (UK) Ltd) v. London Port Health Authority, Administrative Court [2002] EWHC 1106 (Admin); [2002] All ER (D) 159 (Apr): European Community; free movement of goods; judicial review of Defendant authority's notice to re-dispatch or destroy meat products; EC Directives 64/433 and 97/78.

Education and Career: 

University of Cambridge - MA and LLM degree (First Class); University of Groningen (The Netherlands) - LLD degree (Cum Laude)

Publications: 

"Free Movement of Goods in the European Community" (Sweet & Maxwell, 4th Ed, with Peter Oliver, 2003)

"Application of EC Law by National Courts: The Free Movement of Goods" (Oxford University Press, 1998)

A number of articles, commentaries, reviews and notes in the European Law Review, the Common Market Law Review, the European Business Law Review, the Revue Trimestrielle du Droit Européen and the International and Comparative Law Quarterly

Appointments and Society Memberships: 

COMBAR; Bar European Group; Member of panel of independent experts to assist the European Commission on projects in the field of justice, freedom and security.

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