Michael Ashcroft QC

BA, BCL (Oxon)

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Michael graduated from Oxford with a first in jurisprudence and a first on the BCL. He became a member of chambers in 1997 and took silk in 2011, aged 38.

The majority of his work falls within four main areas: general commercial litigation/arbitration; offshore/energy; shipping (including shipbuilding and ship sale disputes) and commodities; and insurance/reinsurance. However, he enjoys the challenge of complex, technical and unusual cases. He has recently been involved in several cases involving allegations of fraud, professional negligence and breach of fiduciary duties. He has just finished acting for assureds in a substantial marine insurance dispute in the Commercial Court and Court of Appeal. He was heavily involved in litigation relating to the ISDA Master Agreements as applied in the context of various FFA disputes. He is presently involved in several disputes relating to the construction of offshore structures, including jack-up rigs and drillships.  He has also acted recently in disputes arising out of share purchases, share option agreements, mining agreements, investment agreements and guarantees/bonds.

Michael appears regularly in the High Court and the Court of Appeal, and has had recent success in the Supreme Court. He also has a wide range of experience preparing and presenting cases before, and on appeal from, various arbitration tribunals. He has appeared as counsel in arbitrations in Singapore. He has also been involved in several (successful) mediations. He is willing to accept appointments as an arbitrator in London or Singapore.

Over the years, Michael has consistently been rated as a leading junior in the fields of Shipping, Commodities and Commercial Arbitration in The Legal 500 and Chambers and Partners. In more recent years, Michael has always been ranked in band 1 (the highest) for Shipping and Commodities juniors. Since taking silk, Michael has been similarly recommended as a leading "new silk" in the fields of Shipping, Commodities and Commercial Arbitration.

Specialisations: 

  • Commercial arbitration
  • Shipping
  • International Trade
  • Offshore/Energy
  • Financial derivatives
  • Ship sale contracts
  • Shipbuilding contracts
  • General commercial litigation
  • Commodities
  • Insurance/reinsurance
  • Investment disputes
  • Jurisdictional disputes

Principal Cases: 

General commercial litigation/arbitration

Court cases

Rainy Sky v. Kookmin Bank [2011] UKSC 50 - refund guarantees - true construction - proper approach to the interpretation of commercial contracts generally.

Marine Trade SA v Pioneer Freight Futures Co BVI [2009] EWHC 2656 Comm - forward freight agreements on ISDA 1992 terms, events of default, payment obligations, netting, restitution of payments allegedly made under mistake.

ADIC v H Clarkson & Co Ltd [2007] EWHC 1267 - joint venture, deceit, misrepresentation, professional negligence. Acted for H Clarkson & Co Ltd in relation to complex multi-party litigation arising out of a failed joint venture.

Good Challenger Navegante SA v Metalexportimport SA [2004] 1 Lloyd's Rep. 67 - Arbitration, Enforcement of Awards, Delay, Estoppel, Abuse of Process, Foreign judgments, Limitation, Acknowledgment of Debt by telex; whether Claimants entitled to enforce Award in their favour. Acted for the successful Claimants in the Commercial Court and the Court of Appeal.

Arbitrations

Recently involved in confidential arbitrations concerning:

  • Investment disputes, involving allegations of breach of fiduciary duty, secret commissions, professional negligence and fraud.
  • Construction of off-shore energy installations. 
  • Claims by hedge-fund against a leading European bank in relation to sale of Russian securities

Shipping and Commodities

Court cases

Borealis v. Geogas [2011] 1 Lloyd's Rep. 482 - Sale of butane to be used as feedstock in buyer's olefin plant, butane contaminated with fluorides producing harmful acids, acids causing physical damage to buyer's plant, seller contending that loss and damage would have been avoided had buyer responded appropriately to acid alarm at plant, whether chain of causation broken, relevant principles.

Kolmar Group v. Traxpo [2010] 2 Lloyd's Rep. 653 - Economic duress/Intimidation; Contract for sale of methanol fob; Market price of methanol increasing subsequent to contract; Sellers refusing to ship part cargo unless contract price increased; Buyers reluctantly agreeing to pay higher price; Whether buyers entitled to restitution on basis of economic duress; Whether buyers opened acceptable letter of credit.  Acted for the successful Buyers.

Bunge SA v ADM do Brasil Ltd [2009] 2 Lloyd's Rep. 175 - Bills of lading, various cargoes shipped by different shippers, some cargoes infested with rats, dangerous cargo, proof of breach by each shipper. Acted for four of the successful shippers in LMAA arbitration and on appeal to the Commercial Court, taking the lead on behalf of all shippers in the arbitration.

The Silver Constellation [2008] 2 Lloyd's Rep. 440 - Time Charterparty, Documents Clause, Clause 8 NYPE - whether owners of bulk carrier were required to obtain rightship approval for trading and/or were obliged to permit a rightship inspection of the vessel pursuant to charterers' right to give orders as to employment. Acted for owners in LMAA arbitration and on appeal to the Commercial Court.

The Sabrewing [2008] 1 Lloyd's Rep. 286 - Voyage Charterparty, Demurrage, Time-Bar, De minimis, Futility - whether demurrage claim time-barred due to failure to provide signed pumping logs. Acted for the successful charterers in the Commercial Court.

Arbitrations

Involved in numerous confidential arbitrations concerning:

  • MOA disputes relating to various different types of ship, including super-yachts.
  • Charterparty and bill of lading disputes involving, for example, unsafe port/berth allegations, cargo damage, cargo contamination, cargo loss, dangerous cargoes, laytime, demurrage, repudiation, termination and cancellation.
  • Shipbuilding contracts.
  • Commodities contracts involving, for example, quality disputes, rejection and damages claims.

Insurance/reinsurance

Court cases

Garnat Shipping & Trading Ltd v Baominh Insurance Corporation [2011] 2 Lloyd's Rep. 492 (Court of Appeal)  [2011] 1 Lloyd's Rep. 589 (Clarke J) - [2011] 2 Lloyd's Rep. 492 (Court of Appeal) - Insurance (marine) - Voyage policy on floating dock - Damage suffered in tropical storm - Whether dock seaworthy - Voyage in stages - Whether assured failed to disclose material facts - Inducement and waiver - Marine Insurance Act 1906, sections 18(3) and 39.   Acted for the successful assureds in this substantial marine claim.

Jan de Nul (UK) Ltd v Axa Royale Belge SA [2002] 1 Lloyd's Rep. 583 - Liability Insurance, economic loss, exclusion clause, nuisance, ports, dredging. Acted for the insurers in the Commercial Court and the Court of Appeal.

Quorum A/S v Schramm [2002] 1 Lloyd's Rep. 249 - Fine Art Insurance, Valued Policy, Damage to Degas pastel, assessment of extent of damage due to fire and impact upon value. Acted for the successful assured in the Commercial Court.

John Wyeth & Bros Ltd v Cigna Insurance Co of Europe SA NV [2001] 1 Lloyd's Rep. I.R. 420 - Legal Costs Insurance, liability of second layer insurer in product liability claim, exhaustion of primary layer by buy-out. Acted for Cigna in the Court of Appeal.

Arbitrations

Involved in several confidential arbitrations relating to various different types of insurance/reinsurance, including marine (hull and cargo) liability, property, financial and political risks.

Jurisdictional disputes

Court cases

The Marielle Bolten [2010] Lloyd's Rep. 648 - Bills of Lading, Covenant Not to Sue, Anti-Suit Injunction; whether Covenant Not to Sue unenforceable by reason of Art. III r8 of the Hague Rules. Acted for the successful Claimants in the Commercial Court.

Evialis SA v SIAT [2003] 2 Lloyd's Rep. 377 - Certificates of Insurance, Jurisdiction Clauses, Stay of Proceedings, Anti-Suit Injunction. Acted for the successful insurers in the Commercial Court.

Offshore Energy

Court cases

Bluewater Energy Services BV v Mercon Steel Structures BV - acting for the Claimants in the TCC in a substantial dispute arising out of the fabrication of a tower based soft yoke mooring system for an oil field in the Caspian Sea.

Recently acted for Head Contractors in a substantial arbitration relating to the construction of crude oil production and processing facilities on fixed offshore platform structures for the purposes of developing oil and gas reserves off Nigeria.

Recently acted for the Head Contractors in a substantial arbitration relating to the design and construction of a tower wish bone mooring system for use by a FPSO vessel off Angola.

Acted in various arbitration proceedings relating to oil/gas exploration rights.

Acted in various arbitrations concerning contractual disputes relating to drillships, oil/gas platforms, dive support vessels and anchor handling tugs.

Education and Career: 

Magdalen College, Oxford University - BA, BCL Senior MacKinnon Scholar.

Gray's Inn, major scholarship.

Appointments and Society Memberships: 

COMBAR

Quotes: 

'The recently elevated Michael Ashcroft QC "will be stellar as a silk," says one impressed interviewee. He is considered to be a "real superstar" in the shipping and commodities field as "the sheer volume of his experience is unparalleled." Chambers UK 2012

"Outstanding" - Legal 500 2012

 "...a major name in dry shipping disputes and tipped for rapid advancement" - Chambers UK 2011

"An absolutely excellent, extraordinarily nice and very fair opponent" with a "first-rate workload" - Chambers & Partners 2010.

"Excellent (methodical, thorough, polite, unflappable, highly forensic)" - Legal 500 2010.

"Phenomenally gifted...down-to-earth style and very persuasive advocacy go down well with judges" - Legal 500 2010.

"Always keeps his cool even against the most aggressive opponents, and responds appropriately at all times" - Chambers & Parnters 2009.

"Very bright and easy to work with; all the things you want in a junior" and "winning admirers by being accurate without being too detailed: he gets to the point" - Legal 500 2009.

"Several interviewees expect Michael Ashcroft to be promoted to silk, such is his ability and caseload. 'Enthusiastic and energetic in his approach, he looks at ways to take on cases purposefully, rather than just slavishly following instructions'. Judged 'pleasant to deal with' and with a 'calm style of advocacy' that strikes up a rapport with the court..." - Chambers & Partners 2008.

"Very clever, hard working and effective advocate" - Legal 500 2008.

Members with similar specialisations...

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