Tim is preeminent in all aspects of shipping and maritime law, including charterparties, bills of lading, contracts of affreightment etc., ship finance, shipbuilding, ship sale and purchase, collisions and salvage.
Charterparties, Bills of Lading, Contracts of Affreightment:
Tim has acted for owners and charterers in some of the most important cases over the last ten to fifteen years. By way of illustration, examples of cases include the following:
Confidential arbitration in excess of US$40 million involving the early redelivery of an LNG carrier (2015).
Confidential arbitration in excess of £30 million involving abandonment of loaded vessel in Brazil (2015).
Advising on EU cabotage restrictions in the context of multi-million pound venture (2015).
Six day (split trial) arbitration involving claim for US$43 million for early redelivery of bulk carrier - whether The Astra was correctly decided and highly contentious issues on damages (2015).
Geden Operations Ltd v Dry Bulk Handy Holdings Inc (The M/V "Bulk Uruguay")  2 Lloyd's Rep. 66;  Lloyd's Rep. Plus 39 - (a) the meaning of the BIMCO Piracy Clause and (b) whether renunciatiatory breach by Disponent Owners when stating that they required head owners' consent to transit areas of piracy.
Five-day commercial arbitration in Hong Kong concerning long term Contracts of Affreightment. Issues involved included whether there should be rectification of the contract(s) and/or oral collateral agreements. The sums exceeded US$34 million in total (2013).
Isabella Shipowner SA v Shagang Shipping Co Ltd, "Aquafaith"  2 Lloyd's Rep 61: acted for the successful appellant in s. 69 appeal and s. 68 challenge against arbitrator's decision on the width of a shipowner's right to refuse early redelivery under a period time charter.
Seagate Shipping Ltd v Glencore International AG ("The Silver Constellation")  2 Lloyd's Rep 440: charterparty (time) - RightShip approval scheme - charter providing that vessel to remain in all respects eligible for trading to ports permitted in charter - whether owners obliged to provide and maintain vessel with RightShip approval - whether owners obliged to permit RightShip inspection as required by charterers. Two related arbitrations involving losses of up to US£21 million.
Golden Fleece Maritime Inc v ST Shipping & Transport Inc ("The Frixos / The Elli")  2 Lloyd's Rep 119 (CA),  1 Lloyd's Rep 262: change in international regulations - oil tankers chartered under Shelltime 4 form - MARPOL changes restricting vessels' cargo carrying capacity - whether loss to be borne by owners or charterers.
The Sea Angel  2 Lloyd's Rep 517 (CA): delay under time charter; detention; frustration and risk allocation.
Triton Navigation Inc v Vitol SA  1 Lloyd's Rep 55 (CA),  1 Lloyd's Rep 151: obligation to provide a cargo - oil refinery delays caused by physical congestion or scheduling congestion - exception to demurrage where delay caused by owners' fault.
Owners of Cargo Lately Laden On Board The Torepo v Owners of The Torepo  2 Lloyd's Rep 535: unseaworthiness - due diligence - grounding - chart discrepancy - whether cause of grounding navigational error.
Marimpex Mineraloel Handlesgesellschaft mbH & Co KB v Compagnie de Gestion et d'Exploitation Ltd ("The Ambor")  1 ALL ER (Comm) 182: whether charterers entitled to order vessel to perform last voyage ending after period for redelivery.
The Jalagouri  1 Lloyds Rep 515 (CA),  1 Lloyds Rep 903: whether clause 8 of the NYPE charterparty, amended so as to provide that charterers are to discharge the vessel, places an obligation on charterers to ensure that discharge of cargo is permitted and/or not prevented by local port authorities.
The Goodpal  1 Lloyds Rep 638: receivers at first port of discharge requested discharge of additional cargo - owners agreed but only against letter of indemnity - cargo shortlanded at second discharging port - whether receivers acting as agent of charterers - whether shortlanding at second discharge port due to act, neglect or default of owners.
The Sea Maas  2 Lloyds Rep 281: bill of lading cargo claim involving Hague-Visby Rules - allegation of wetting damage to cargo of steel coils - place of performance of the obligation in question was the port of loading.
Tim has extensive experience of oil major clauses in tanker charterparties and over the past three years has advised or acted in relation to over 15 different claims involving both High Court and arbitration. Tim has detailed knowledge of the SIRE System. Tim acted in the leading Oil Major Clause case of The Seaflower  1 Lloyds Rep 341 (CA),  2 Lloyds Rep 37.
Most recently, Tim has undertaken numerous high value arbitrations which are confidential but can be summarized as follows by way of illustration:
Owners' claim for hire in relation to six charter parties where Chinese charterers dispute liability to pay PRC taxes on hire, seek restitution of overpaid hire and contend charters are unenforceable for illegality (value of claim US$50 million +) (2011).
Owners' claim for hire in relation to five charter parties where Chinese charterers dispute liability to pay PRC taxes on hire (value of claim US$30 million +) (2011).
US$6+ million claim for late delivery and cancellation of a tanker charterparty for a VLCC (involving 7-day arbitration) (2011).
US$5+ million claim by owners for off-spec bunkers and early redelivery (2011).
Ship Finance, Ship Building, Ship Sale and Purchase:
Tim has spent a considerable part of his practice acting and advising in ship finance disputes.
Acted for the Royal Bank of Scotland in a case exceeding US$50 million concerning the financing of two new build vessels (2014).
Tim has advised in respect of the financing of the construction of one of the world's largest cruise liners currently being built.
Enforcement of guarantee in respect of loan agreements and interest rate swaps secured by mortgage over vessel (2010).
Dispute under a ship finance facility for €224 million (2009).
Tim has considerable recent experience in ship building cases:
Arbitration as to whether a claim for loss of use and/or earnings under a shipbuilding contract (following a claim under the warranty provisions) is excluded (2015).
Construction of two Kamsamax bulk carriers - disputes over engine/hull design and consumption performance - whether Buyer contractually obliged to take delivery (2015).
BV Scheepswerf Damen Gorinchem v Marine Institute  EWHC 1810 (Comm) - dispute concerning incorrectly installed engines in a specialist marine research vessel.
Three related shipbuilding arbitrations - claims by Buyers that shipyard in repudiatory breach by failing to construct vessels on time and fundamental errors in construction process - claim in excess of US$110 million (2013).
Construction of a number of bulk carriers - delays, modifications and right of cancellation (2011).
Dispute over the construction of two off-shore supply vessels in excess of US$50 million; issues concerned delays, quality and right of cancellation (2010).
US$196 million dispute under three shipbuilding contracts (product carriers). Disputes as to interpretation of contracts, method of physical construction and liability to make payment of installments (2009).
Claim under shipbuilding contract; whether purchaser was liable to indemnify yard in relation to a claim brought by third party directly against yard for defects (2009).
Tim has extensive experience of ship sale and purchase cases, recent arbitrations include:
Dalmare SpA v Union Maritime Ltd and Anr (The "Union Power")  1 Lloyd's Rep 509 sale of goods - incorporation of the Sale of Goods Act implied terms into the Norwegian Sale Form 1993 - the meaning of "as is" or "as she was" - whether a vessel must be delivered in a "satisfactory condition" notwithstanding she was to be delivered in the same condition as she was on delivery.
Claim for repudiatory breach of MoA in excess of US$40 million. Two-week arbitration hearing concerning the non-acceptance of delivery by Chinese buyers. Issues include whether nomination of delivery port is irrevocable (2011).
Claim for repudiatory breach of MoA in excess of US$47 million. Non-acceptance of new build. Whether Seller had title to vessel (from yard) prior to cancellation date under re-sale contract (8-day arbitration) (2011).
One-week arbitration concerning late delivery of a Capesize vessel under an MoA, disputes as to liability and quantum (2011).
Nestor Maritime SA v Sea Anchor Shipping Co Ltd  2 Lloyd's Rep 144. Acted for buyers in a major two-week arbitration concerning the sale and purchase of a ship, the contract for which had been fraudulently procured and clients were claiming about US$10 million in damages (2010).
Fraudulent concealment of damage during pre-purchase inspection. Dispute as to condition on delivery. Two-week arbitration concerning misrepresentation, breach, and quantum of loss (2008).
Unsafe Port Claims:
Tim has recently undertaken a number of unsafe port claims on behalf of both owners and charterers involving extensive damage to the vessels concerned. Examples include a recent two-week arbitration concerning a US$10,000,000 claim for an unsafe port arising out of a grounding on the Orinoco River. Tim has experience of groundings on the River Parana.
Salvage and Collisions:
Application under LSSA Clauses to set aside salvage award allegedly obtained by fraud (2015).
Salvage of tanker carrying 33,000mts of soya bean oil worth in excess of US$40 million destined for Iran; refusal by cargo owners to take redelivery of cargo; numerous applications to Court to sell the cargo; application of Clause H of LOF 2011 (2014).
Terminal Contenitori Porto di Genova SpA v China Shipping Container Lines Ltd.  EWHC 1629 (Comm) - Damage to container cranes cause db negligent navigation of the Defendant's containership.
Salvage arbitration involving one of the most important salvages in recent times taking place on the Australian Great Barrier Reef (2012).
Frustration of a salvage contract during the Egyptian uprising in 2011 and issues relating to SCOPIC (2012).
"The Medea K"  1 Lloyd's Rep 289 - Salvage arbitrator making salvage award against cargo owners - Cargo owners contending they had not authorised representatives to act for them in the arbitration.
Urgent application to LOF Arbitrator for injunction and/or specific performance of obligation to assist in taking redelivery of salved property (2011).
"Dina Barge" (2010): a complicated salvage involving a five-day LOF hearing.
Ocean Crown v Five Oceans Salvage Consultants Ltd  1 Lloyd's Rep 468: prolonged salvage of a stricken cargo vessel, valued at more than US$160 million dollars. The first Arbitrator awarded circa US$34m, increased on appeal to in excess of $40m. The case then went to the High Court, where Tim acted on two issues of law concerning principles of encouragement and proportionality. The appeal award was remitted to the Appeal Arbitrator for reconsideration.
Gold Shipping Navigation Co SA v Lulu Maritime Ltd  2 All E.R. (Comm) 64;  2 Lloyd's Rep. 484 - whether a counterclaim was subject to the two-year limitation period in the Merchant Shipping Act 1995 s.190(3).
Voutakos  2 Lloyd's Rep 516: Appeal to the Court concerning the application of the "disparity principle" said to be applicable in straightforward rescue towage cases.
The Altair  2 Lloyd's Rep 90: salvage, arbitration award and enforcement. The Grain Board of Iraq claimed state immunity. Freezing injunction granted.
Kamal c/w Ariela  2 Lloyd's Rep 247: losing party alleging that successful party had fraudulently inflated its claim for damages - whether losing party entitled to have costs order set aside - whether losing party entitled to damages for deceit.
"Sanko Phoenix" (2010): High Court acting concerning quantum of damages following a collision.
Eleftheria v Hakki Deval (2009): issues concerning the appropriate calculation of loss of use when a vessel is undergoing temporary and permanent repairs following a collision.
Gold Shipping Navigation SA v Lulu Maritime  2 Lloyd's Rep 484: collisions at sea; counterclaims; discretion; extensions of time; limitation periods.