Michael Ashcroft

BA, BCL (Oxon)

Areas of expertise

Talk to a clerk

Clerks' direct contact:
+44 (0)20 7842 1200
Clerks [at] 20essexst [dot] com
Request a call back

Michael graduated from Oxford with a first in jurisprudence and a first on the BCL. He became a member of chambers in 1997.

The majority of his work falls within three main areas: general commercial litigation/arbitration; shipping and commodities; 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 is also heavily involved in ongoing litigation relating to the ISDA Master Agreements as applied in the context of various FFA disputes.

Michael appears regularly in the High Court and the Court of Appeal. 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.

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.

Specialisations: 

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

Principal Cases: 

General commercial arbitration/litigation

Court cases

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.

Bernhard Schulte GmbH & Co KG v. Nile Holdings Ltd [2004] 2 Lloyd's Rep. 352 -dispute resolution, expert determination, good faith, whether vendors of a fleet of bulk carriers were bound by price adjustment determined by expert. Acted for the successful vendors in the Commercial Court.

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.

Nisshin Shipping Co Ltd v. Cleaves & Co Ltd [2004] 1 Lloyd's Rep. 38 - Arbitration Clauses, Charterparties, Brokers' Commission, Contracts (Rights of Third Parties) Act 1999; whether brokers entitled to enforce arbitration clauses in charterparties against owners. Acted for the owners in the Commercial Court.

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.

Shipping and Commodities

Court cases

AET Inc Ltd v. Arcadia Petroleum Ltd [2009] EWHC 2337 - Voyage Charterparty, Notice of Readiness, Demurrage, Free Pratique, Arcadia 'Clearance Clause'; whether Notice of Readiness invalidated due to delay in obtaining Free Pratique. Acted for the successful owners in the Commercial Court.

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.

AIC Ltd v. ITS Testing Services (UK) Ltd [2007] 1 Lloyd's Rep. 555, [2006] 1 Lloyd's Rep. 1 - FOB Sale of Gasoline, Certificate of Quality, Certification by ITS, Fraud, Deliberate Concealment; whether AIC Ltd had a claim in contract or tort against ITS that was not time-barred. Acted for AIC Ltd, which was successful in both the Commercial Court and the Court of Appeal.

The Azur Gaz [2006] 1 Lloyd's Rep. 163 - CIF contract, force majeure, estimated time of arrival of ship, bad weather, delay in loading, cancellation/termination; whether buyers entitled to cancel/terminate the contract. Acted for the successful buyers in the Commercial Court.

The Irbenskiy Proliv [2005] 1 Lloyd's Rep. 383 - Bill of Lading, whether Exclusion Clause valid, proper construction of clause. Acted for the successful owners in the Commercial Court.

The Happy Day [2002] 2 Lloyd's Rep. 487 - Charterparty, Laytime, Commencement of laytime in the absence of a valid NOR. Acted for the successful owners in the Court of Appeal.

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/contamination/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 - presently acting for the assureds in ongoing litigation concerning the total/constructive loss of a floating dock and workshop during towage to Vietnam; allegations of unseaworthiness and material non-disclosure.

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 liability, property, financial and political risks.

Jurisdictional disputes

Court cases

Whitesea Shipping & Trading Corp v. El Paso Rio Clara Ltda [2009] EWHC 2552 - 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

Bluewater Energy Services BV v Mercon Steel Structures BV - acting for the Claimants in the Commercial Court 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: 

"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 purpsefully, 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...

Many other members specialise in similar fields. A selection is below.

Queen's Counsel

Junior Counsel