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Philip Edey QC

MA (Oxon)

Philip Edey QC is a specialist advocate, whose practice focusses on commercial disputes in a variety of areas, including fraud, banking, insurance, commodities, energy and shipping. Philip has acted as lead counsel before the High Court, the Court of Appeal and the Supreme Court of England and Wales. In addition, he regularly represents clients in arbitrations, both in England and overseas, and both institutional and ad hoc. Philip also accepts appointments as arbitrator.

In the last year, Philip has acted for the Libyan Investment Authority in its $1bn+ High Court claim against Goldman Sachs; for some of the Defendants in appeals relating to their jurisdiction challenge in respect of a $500m+ claim in conspiracy; and for a guarantor in a $60m+ case involving allegations of bribery and torture.

Philip is ranked as a leading QC in Legal 500 UK (2016 ed.) in relation to:

  • Commercial litigation
  • Banking and Finance
  • International Arbitration
  • Insurance and Reinsurance
  • Commodities
  • Shipping

In Chambers UK Bar (2017 ed.) Philip is ranked as a leading QC in relation to:

  • Commercial Dispute Resolution
  • International Arbitration
  • Insurance
  • Shipping and Commodities

Most of the work Philip does has a strong international element (often raising complex jurisdictional and conflict of laws issues), with recent clients or opposing parties including companies or individuals based in Bermuda, China, Korea, Singapore, Russia, Ukraine, Saudi Arabia, Jordan, Lebanon, Libya, India, USA, Poland and Nigeria. Philip will travel outside the UK as required by his clients.

In the legal directories, Philip has been described as "a brilliant advocate and wonderful leader" who is "off the Richter scale in terms of cleverness" but who has "supreme commercial awareness". He is particularly noted for his cross-examination skills with one contributor observing "he ran one of the most devastating cross-examinations that I have ever seen".

Specialisations: 

Commercial Dispute Resolution

Philip is ranked as a leading QC in relation to commercial dispute resolution (Chambers, 2017) and commercial litigation (Legal 500, 2016). He was a nominee for the Legal 500 Commercial Litigation QC of the year (2017).

Philip has advised and acted as lead advocate in a wide variety of domestic and international commercial disputes including those involving:

  • Fraud and other similarly serious allegations
  • Share Purchase Agreements (including breach of warranty claims)
  • Joint ventures and shareholder agreements
  • Alleged derivative mis-selling by a bank
  • A property management agreement
  • Professional negligence (including financial services, insurance brokers, and solicitors)
  • Construction projects (including sub-sea)
  • Senior employee service contracts
  • A debt collecting service agreement
  • Carbon credit trading agreements
  • Interim relief (including anti-suit and freezing injunctions)

 

Philip's cases include:

LIA v Goldman Sachs [2016] EWHC 2530 (Ch) – joint lead advocate for the LIA in its claim for $1.2bn against Goldman Sachs – equity derivatives - undue influence – unconscionable bargain

The Hut Group v Cookson [2014] EWHC 3842 (QB); and [2016] EWCA Civ 128 - leading a team of 3 counsel at trial and on appeal in a multi-million £ dispute about alleged breaches of financial warranties in a share purchase agreement and fraud;

Sabbagh v Khoury [2014] EWHC 3233 (Comm) - representing a number of defendants alleged to be involved in a conspiracy to deprive the claimant of over $500m of assets and successfully challenging the Court's jurisdiction in relation to the major claim (also acting on appeal to be heard by Court of Appeal in early 2017)

Enercon GmbH v Enercon (India) [2012] 1 Lloyd's Rep.519 - acting for the defendant in obtaining the discharge of an anti-suit and freezing injunction against it in relation to a dispute arising out of joint venture relating to the manufacture and sale of wind turbines in India

Masri v Consolidated Contractors International [2011] 2 CLC 566 (CA) - successfully represented the judicial administrators of CCI before the Court of Appeal which discharged a receivership order made against them

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

Sea Emerald v Prominvest [2008] EWHC 1979 (Comm) - representing Ukrainian bank successfully defending claim under a guarantee

BHP v Dalmine (CA) [2003] All ER (D) 258 - representing Italian manufacturer of steel pipes for underwater gas pipeline

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

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

Arbitration

Philip is ranked as a leading QC in relation to international arbitration (Chambers, 2017; Legal 500, 2016). Philip was International Arbitration Junior of the Year (Chambers, 2008).

Philip has acted as advocate in numerous arbitrations including before ICC, LCIA, LMAA, FOSFA, ARIAS and ad hoc tribunals in disputes relating to amongst other things:

  • The supply of equipment for a project in China
  • Alleged industrial espionage
  • Share agreements/joint ventures
  • Oil and gas production agreements
  • A telecoms project in the Middle East
  • Insurance (including Bermuda form) and reinsurance
  • Commodities
  • Charterparties
  • Shipbuilding

In addition, Philip has extensive experience of appearing in Court in disputes relating to arbitrations including on arbitration appeals under s.68 and s.69 of the Arbitration Act 1996 and in relation to the enforcement of foreign awards, the appointment of arbitrators, the jurisdiction of the tribunal and anti-suit injunctions in support of arbitration.

Philip also accepts appointments as arbitrator.

Banking

Philip Edey QC has advised and acted in many banking cases including in relation to:

  • Loan agreements
  • Guarantees
  • Derivatives (including ISDA, CDOs, equity, OTC Index Options)
  • Debt buy back agreements
  • Currency trading
  • Gold trading
  • The purchase of a mortgage book

 

Most recently Philip acted as joint lead advocate for the LIA in its claim $1.2bn against Goldman Sachs ([2016] EWHC (Ch)).

Civil Fraud

Philip has advised and acted as advocate in many cases involving allegations of fraud and similarly serious conduct, including allegations of:

  • Deceit and fraudulent breach of warranty in relation to a share purchase agreement
  • Fraud in the procurement of an arbitration award
  • Conspiracy to misappropriate assets
  • Bribery and torture
  • Fraudulent bills of lading
  • Deceit in connection with the sale of derivatives
  • Fraudulent inspection reports

Philip's recent cases include:

LIA v Goldman Sachs [2016] EWHC 2530 (Ch) – joint lead advocate for the LIA in its claim for $1.2bn against Goldman Sachs – equity derivatives - undue influence – unconscionable bargain – improper inducements

The Hut Group v Cookson [2014] EWHC 3842 (QB) - leading a team of 3 counsel in a multi-million £ dispute involving allegations of deceit and fraudulent breaches of financial warranties in relation to a share purchase agreement

Sabbagh v Khoury [2014] EWHC 3233 (Comm) - representing a number of defendants alleged to be involved in a conspiracy to deprive the claimant of over $500m of assets and successfully challenging the Court's jurisdiction in relation to the major claim

Shagang Shipping v HNA Group [2014] EWHC 2241 (Comm) - representing a major Chinese company seeking to resist payment of over $60m under a guarantee, in case involving allegations of bribery in relation to the underlying charterparty and of torture by Chinese police to extract confessions of bribery

BHP v Dalmine (CA) [2003] All ER (D) 258 - representing Italian manufacturer of steel pipes for underwater gas pipeline who had produced fraudulent inspection reports for the pipes

Energy & Natural Resources

Philip Edey QC has advised and acted as advocate on a range of energy related disputes, for and against many of the world’s major energy companies and traders, including in relation to:

  • the explosion at the Buncefield oil storage facility
  • oil and gas exploration and production agreements
  • oil and gas joint operating agreements (including issues in relation to under/over-lifting; sole risk projects; back-in dates/penalties; and other accounting issues)
  • long term oil supply contracts
  • the construction of an under-sea gas pipeline
  • the construction of a petroleum export terminal in Nigeria         
  • bunkering disputes
  • carbon emission reduction credit trading
  • insurance claims relating to energy and natural resource projects
  • the refurbishment of oil rigs
  • the sinking of an oil rig
  • an Indian wind-turbine business
  • sale and purchase, carriage of, and COAs relating to a range of hydrocarbons, other fuels and other natural resources (raising quality, contamination and pollution, amongst other, issues)

 

Many of Philip’s cases are the subject of arbitration and therefore confidential but reported cases include:

Enercon GmbH v Enercon (India) [2012] 1 Lloyd's Rep.519 - acting for the defendant in obtaining the discharge of an anti-suit and freezing injunction against it in relation to a dispute arising out of joint venture relating to the manufacture and sale of wind turbines in India

The Mercini Lady [2011] 1 Lloyd’s Rep.442 (CA)

The Buncefield litigation [2009] 2 Lloyd's Rep. 1 - successfully defending the joint venture between Total and Chevron against claims put at over £1 billion

Konkola Copper Mines v Coromin [2006] 2 Lloyd’s Rep.446

Petromec v Petrobras [2004] 1 Lloyd’s Rep.629 (CA)

BHP v Dalmine (CA) [2003] All ER (D) 258 - representing Italian manufacturer of steel pipes for underwater gas pipeline

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

Insurance/Reinsurance

Philip is ranked as a leading QC in relation to insurance and reinsurance (Chambers, 2017; Legal 500, 2016. Philip was Insurance Junior of the Year (Chambers, 2007).

Philip has advised and acted as advocate in court and arbitration in relation to many insurance and reinsurance disputes including in relation to:

  • Casualty business
  • Bermuda form
  • D&O insurance
  • Personal accident
  • Fidelity
  • Marine
  • Liability
  • Property
  • Business interruption
  • Long-tail business

Issues on which he has advised or which have arisen in cases in which Philip has acted as advocate include:

  • Avoidance
  • Aggregation
  • Breach of warranty
  • Abandonment
  • Brokers' negligence
  • Time bar
  • Coverage
  • Fraud
  • Constructive total loss
  • Rectification
  • Follow-the-settlements clauses
  • Quantification of recoverable losses
  • Jurisdiction

Although many of Philip's cases are heard in confidential arbitrations, his reported cases include:

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.

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

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.

Commodities

Philip is ranked as a leading QC in relation to commodities (Chambers, 2017; Legal 500, 2016).

Philip has advised and acted as advocate in numerous commodity disputes both in arbitration (including FOSFA and GAFTA) and Court. Those disputes have included ones relating to the sale/purchase and carriage of:

  • Grains
  • Oil / petroleum products of all sorts
  • Soybeans
  • Steel
  • Acids
  • Waste
  • Fruit
  • Scrap Metal and iron

Although many of Philip's disputes have been the subject of confidential arbitrations, his reported cases include:

Bunge v Nidera [2015] 2 Lloyd’s Rep.469 (Supreme Court); [2014] 1 Lloyd's Rep.404 (CA); and [2013] 1 Lloyd's Rep.621 - arbitration appeals in relation to a dispute under a GAFTA contract relating to the Prohibition and Default Clauses (the case is now going to the Supreme Court)

Mercini Lady (No.2) [2013] 1 Lloyd's Rep.360 - successfully representing claimant in claim for damages for selling gasoil which was not of satisfactory quality

Mercini Lady (No.1) [2011] 1 Lloyd's Rep.442 (CA) and [2009] 2 Lloyd's Rep.679 - successfully represented the claimant on preliminary issues (and then on appeal) relating to the implication of terms into a gasoil sale contract

The Hang Ta [2011] 2 Lloyd's Rep.278 - successfully represented the claimant seller in demurrage dispute under sale contract

Thai Marpan v Louis Dreyfus [2011] 2 Lloyd's Rep.704 - successfully represented the respondent to a s.69 appeal from a GAFTA award relating to the repudiation of a sale contract

Shipping

Philip is ranked as a leading QC in relation to shipping (Chambers, 2017; Legal 500, 2015).

Philip has advised and acted in relation to numerous shipping disputes both in court and arbitration arising out, for example:

  • Charterparties (time, voyage and bareboat)
  • COAs
  • FFAs
  • Shipbuilding contracts
  • Ship sale contracts
  • Contracts for the supply of bunkers
  • Bills of lading

The types of issue with which Philip has dealt include:

  • Contamination of cargo
  • Dangerous cargo
  • Unsafe ports
  • Unseaworthiness
  • Hire and off-hire
  • The Hague Rules
  • Demurrage
  • Repudiation of long term contracts
  • Calculation of damages
  • Jurisdiction
  • Bunker supply
  • Limitation of liability
  • Salvage and general average

Although many of Philip’s shipping cases are heard in confidential arbitration, his reported cases include:

 

The Fortune Plum [2013] 2 Lloyd's Rep.618 - representing charterers under long-term time charter on s.69 appeal, having won arbitration in which charterers alleged to have repudiated the charter

BW Gas v JAS Shipping [2010] 2 Lloyd's Rep.626 (CA) - representing bareboat charterers of a new-build on their appeal relating to the obligations of the disponent owners on delivery

The Zenovia [2009] 2 Lloyd's Rep.139 - acting for time charterers on their s.69 appeal relating to the redelivery obligations of owners having given notice of intended re-delivery

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

Sea Emerald v Prominvest [2008] Lloyd's Rep. Plus 96 - representing Ukrainian bank defending claim under a refund guarantee given in respect of a shipbuilding contracts

The Doric Pride [2005] 2 Lloyd's Rep.470 and [2006] 2 Lloyd's Rep.446 (CA) - successfully representing charterers in relation to off-hire claim at first instance and before the Court of Appeal

The Jalagouri [1999] 1 Lloyd's Rep.903 and [2000] 1 Lloyd's Rep.515 (CA) - successfully representing charterers in relation to off-hire claim at first instance and before the Court of Appeal

Cory Brothers v Baldan [1997] 1 Lloyd's Rep.424 - representing freight-forwarding agent in relation to dispute as to payment of freight with their freight-forwarding agents

The Laconian Confidence [1997] 1 Lloyd's Rep.139 - representing owners on an arbitration appeal in relation to off-hire under Cl.15 of the NYPE charter form

Private International Law

The majority of the cases on which Philip Edey QC is instructed to advise or act as advocate raise issues as to proper law and/or jurisdiction.

Philip's reported cases include:

Sabbagh v Khoury [2014] EWHC 3233 (Comm) - representing a number of defendants alleged to be involved in a conspiracy to deprive the claimant of over $500m of assets and successfully challenging the Court's jurisdiction in relation to the major claim (appeal to be heard in early 2017)

Enercon GmbH v Enercon (India) [2012] 1 Lloyd's Rep.519 - acting for the defendant in obtaining the discharge of an anti-suit injunction against it in relation to a dispute arising out of joint venture relating to the manufacture and sale of wind turbines in India

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.

Education and Career: 

Education and Career: 

Oxford University, BA (Jurisprudence, 1st Class); MA

Member of chambers at 20 Essex Street since 1994

Appointed QC in 2009

Awards:

Queen Elizabeth scholar of Gray's Inn

Insurance Junior of the Year (Chambers UK, 2007)

International Arbitration Junior of the Year (Chambers UK, 2008)

One of The Lawyer’s "Hot 100" (2010)

Nominee for Legal 500 Commercial Litigation Silk of the Year (2017)

Quotes: 

Directory Quotes (since becoming a QC)

“He is a brilliant advocate and wonderful leader. He ran one of the most devastating cross-examinations that I have ever seen.” (Chambers UK Bar 2017)

“Someone to whom I take difficult matters where I need a barrister with ferocious intellect and great cross-examination skills.” (Chambers UK Bar 2017)

“He has an amazing delivery and a real ability to get to the nub of the case and pull out all of the points. He's an amazing cross-examiner and very focused on all the details.” (Chambers UK Bar 2017)

 “A good man to have on-side in a legally difficult case. He is very willing to work as part of a team and always brings added intellectual weight.” (Chambers UK Bar 2017)

“Blows the doors off in terms of his ability to prepare at short notice – an absolute go to barrister” (Legal 500, 2016)

“An excellent advocate, who has the ability to make your case clearly right, even if it’s difficult.” (Legal 500 2016)

"A powerful advocate." (legal 500 2016, Asia Pacific)

“He is off the Richter scale in terms of cleverness.” (Chambers UK 2015)

“He's very impressive. He's punchy, lively and a good advocate.” (Chambers UK 2015)

“He is incredibly able” and has an "enormous reputation for his appellate and Supreme Court work. He is a very, very superior advocate." (Chambers UK 2015)

“A silk with deeply impressive advocacy skills; overlook him at your peril.” (Legal 500 2014)

“Has a brilliant brain and is a superb advocate.” (Legal 500 2014)

“He is very responsive, very clear-thinking and easy to work with.” (Chambers UK 2014)

“He is exquisite. He has such a wonderful gauge for measuring the tribunal, and instinctively understands the psychology of any situation.” (Chambers UK 2014)

“He is very savvy, and brings the court or tribunal onside. He can lull a witness into complacency through his charm, before he delivers the killer blow.” (Chambers UK 2014)

“His ability to devise a sound strategy when faced with a brief of the highest complexity legally and factually is deeply impressive.” (Chambers UK 2013)

“brilliant, popular and energetic” (Chambers UK 2012)

An “outstanding silk” and “devastating cross-examiner” (Legal 500 2011)

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