Philip Edey QC

MA (Oxon)

Areas of expertise

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Philip was called to the Bar in 1994 and took silk in 2009. His practice involves advising and appearing as an advocate in relation to a wide range of commercial disputes, whether in arbitration or court.

Philip is identified as a leading new silk in relation to commercial dispute resolution, international arbitration, insurance and shipping/commodities and described as "a simply superb new silk who is expected to quickly rise through the ranks...a barrister who punches above his weight" in Chambers UK (2010 ed.).

As a junior, Philip was International Arbitration Junior of the Year (Chambers, 2008) and Insurance Junior of the Year (Chambers, 2007) and was one of the Lawyer's "Hot 100" in 2008.

Philip's recent and current work includes representing one of the Defendants in the Buncefield litigation; several ICC arbitrations; acting for the owners of the "MSC Napoli"; and a case involving allegations of fraud in relation CDOs.

Specialisations: 

  • General commercial
  • Arbitration
  • Banking (including guarantees and derivatives)
  • Commodities
  • Insurance and reinsurance
  • Private international law
  • Shipping

Principal Cases: 

Arbitration

Numerous arbitrations including before LMAA, FOSFA, ARIAS and ICC tribunals and relating to publishing, telecoms, insurance and reinsurance, commodities and shipping.

Eurosteel v Stinnes [2000] 1 All ER (Com) 964 - effect on an arbitration of a party thereto being merged into another company.

Stanstead Shipping Co. v Shenzhen Oil [2000] All ER (D) 1175 - whether arbitration clause incorporated into standard form bill of lading where reverse mistakenly blank.

General Commercial

The Buncefield litigation [2009] 2 Lloyd's Rep. 1 - representing one of the Defendants against claims put at over £1 billion.

Speedway Motors v Blue Oil - representing the Claimants on claim for sums due under contract for import of hydrocarbons into Guatemala

BHP v Dalmine (CA)[2003] All ER (D) 258 - failure of steel pipeline - burden of proof on causation.

Comdel v Siporex (CA) [1997] 1 Lloyd's Rep. 424 - discharge of mareva injunction due to delay.

Iran Continental Oil v IRI (CA) [2002] EWCA Civ.1024 - refurbishment of oil rig - proper law of contract.

Banking

Cases in relation to loan agreements, guarantees, CDOs, derivatives, debt buy back, currency trading and gold trading.

Sea Emerald v Prominvest [2008] EWHC 1979 (Comm) - representing Ukrainian bank defending claim under a guarantee alleged to have been given in respect of a shipbuilding contracts - actual and ostensible authority - Ukrainian law of agency - discharge of guarantee by reason of variations in underlying contract

BPI v Barclays - representing Defendant in respect of claim for alleged mis-selling of synthetic CDO Note

Barclays v SSR and HbR - relating to guarantees given to Barclays by the head of the Port of Rotterdam - issues of actual and ostensible authority - Dutch law of agency

Commodities

Numerous commodity cases mainly in arbitration (including FOSFA and GAFTA).

KG Bominflot v Petroplus Marketing [2009] LLoyd's Rep. Plus 81 - whether seller under FOB contract under implied obligation to deliver goods that were capable of remaining of satisfactory quality and on spec for a reasonable time - exclusion of statutory implied terms.

Insurance/Reinsurance

Disputes in relation to casualty business, D&O insurance (including allocation issues), PA LMX business, coverage, time bar, claims handling, brokers, avoidance, aggregation etc.

Dornoch v Westminster BV [2009] 2 Lloyd's Rep. 191 - marine insurance - abandonment - constructive trust;

Allianz v Aigaion [2008] 2 Lloyd's Rep.595 - marine insurance - premium payment warranties;

Faraday v Cop Re [2007] Lloyd's Rep. IR 23 - whether a settlement agreement was a "without prejudice" agreement for the purposes of a follow-the-settlements clause in a reinsurance contract;

KCM and ARH v Coromin - claim under insurance in respect of losses arising from collapse of Zambian copper mine - difference in conditions cover;

Travelers Casualty v Sun Life Assurance [2007] Lloyd's Rep.IR 619 - breach of warranty in relation to insurance against risk of costs incurred by reason of review of past business required by FSA;

IMG v Simmonds [2004] Lloyd's Rep.IR 247 - contingency insurance - cancelled cricket tournament between India and Pakistan - avoidance - breach of warranty.

The "Demetra K" (CA) [2002] 2 Lloyd's Rep.581 - rectification of insurance contract.

HIH v Chase [2003] 2 Lloyd's Rep.61 (HL); [2001] 2 Lloyd's Rep.483 (CA) - film finance insurance - scope of clause purporting to limit insurers' rights of avoidance.

HIH v New Hampshire (CA) [2001] 2 Lloyd's Rep. 161 - film finance insurance - whether term a warranty - whether remedy for breach of warranty excluded.

Imperio v Heath (CA) [2001] 1 WLR 112 - breach of fiduciary duty - time bar.

Kingscroft v Nissan (CA) [1999] Lloyds Rep. IR 603 - insurance pool - reinsurance - avoidance.

Private International law

Most cases on which Philip is instructed raise issues as to proper law and/or jurisdiction.

Dornoch v Westminster BV [2009] 2 Lloyd's Rep. 191 - marine insurance - proper law for determining incidence of proprietary interests in a vessel;

KCM v Coromin (No.2) [2006] 2 Lloyd's Rep. 446 - whether to override exclusive jurisdiction clause where risk of inconsistent judgements.

Swiss Re v United India [2004] I. L. Pr. 4 - jurisdiction in relation to dispute under a reinsurance contract.

Iran Continental Oil v IRI (CA) [2002] EWCA Civ.1024 - refurbishment of oil rig - proper law of contract - Article 4(2) of the Rome Convention.

Shipping

Disputes in relation to dangerous cargo, unsafe ports, unseaworthiness, force majeure, misrepresentations in bills of lading, off-hire etc.

MSC Napoli - acting for owners in the limitation and liability proceedings arising out of the casualty in January 2007

Education and Career: 

Oxford University, MA (Jurisprudence, 1st Class)

Quotes: 

"A simply superb new silk who is expected to quickly rise through the ranks." (Chambers UK 2010)

"A barrister who punches above his weight" (Chambers UK 2010)

A "bright team worker with enormous intellect" (Chambers UK 2010)

"A provider of accurate, swift and confident advice, delivered with great commercial awareness and personal charm" (Chambers UK 2010)

"Bright and unbelievably easy to work with (nothing is too much trouble for him)" (Chambers UK 2008)

"Personable and charming he is nevertheless a daunting adversary thanks to his direct, articulate style" (Chambers UK 2008)

"A perfect balance between fighting his case very hard in court and at the same time ensuring a suitable level of client care" (Chambers UK 2006)

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