Recent cases in which members of chambers have been involved include:

Trafigura v. Kookmin Bank: Aikens J decided a number of important issues relating to the determination of the applicable law of a tort claim under the Private International Law (Miscellaneous Provisions) Act 1995 in the context of a letter of credit dispute between Trafigura and a Korean Bank. Stephen Males QC represented Trafigura.
JJB Sports v. OFT: In the first substantive case to reach the appellate courts on the Competition Act 1998, the Court of Appeal upheld the findings of the CAT that JJB had made price fixing agreements with Umbro, Manchester United and other retailers in relation to the England and Manchester United replica football shirts, and upheld the CAT's £6.3 million fine on JJB. Stephen Morris QC represented the OFT.
Inntrepreneur Pub Company v. Crehan: In a landmark case for European and UK Competition law the House of Lords overturned the Court of Appeal holding that if an action before a national court raises a question of fact which has already been decided by the European Commission in proceedings relating to other participants, albeit in the same market, the national court is not bound to follow the Commission but rather is free to reach a different conclusion. In such circumstances the decision of the Commission is simply evidence properly admissible before the English court which the court will take into account. Stephen Morris QC and Colleen Hanley acted for the interveners Visa International Services Association. Iain Milligan QC acted for Inntrepreneur.
Hamdan v. Rumsfeld (June 2006):  the US Supreme Court considered the legality of the military commissions establishsed by the US Government to try detainees at Guantanamo Bay. The Court held (5-3) that the Government did not have authority to set up the commissions and that they were illegal under both the US "Uniform Military Code of Justice" and the Geneva Conventions. Tim Otty QC and Sudhanshu Swaroop were part of a team acting on behalf of the Commonwealth Lawyers' Association and the Bar Human Rights Committee. They submitted an amicus brief, which analysed the relevant English case-law.

Marks & Spencer Plc v. David Halsey (H.M. Inspector of Taxes): The ECJ, on reference from the House of Lords, held that provisions such as those in sections 402 and 403 of the Income and Corporation Taxes Act which permit resident companies to set off against their taxable profits any losses incurred by related companies only when those related companies are also resident in the UK, are not contrary to EC law. Richard Plender QC represented the Government of the United Kingdom.

A and Others v. Secretary of State for the Home Department: The House of Lords consisting of 7 judges held unanimously that evidence which may have been obtained by means of torture is inadmissible in English Courts regardless of where or by whom the alleged torture has been perpetrated. Timothy Otty, Sudhanshu Swaroop and Colleen Hanley were instructed to intervene on behalf of Justice, the International Commission of Jurists, the Commonwealth Bar Association, and the International Bar Association.

Petromec v Petrobras and Brasoil: Court of Appeal. Petrobras and Brasoil successfully resisted an appeal of claims worth US$ 162 million arising from the upgrade and then sinking of Petrobras-36, the world’s largest offshore production platform, off the coast of Brazil, in 2001. Christopher Hancock QC and Malcolm Jarvis represented Petrobras and Brasoil.

Laemthong International Lines Company Limited v. Abdullah Mohammed Fahem & Co: In the first case under the Contracts (Rights of Third Parties) Act 1999 to reach the Court of Appeal, shipowners were held entitled to enforce directly against the receivers of cargo a Letter of Indemnity given by the receivers to the charterers of the vessel. Stephen Males QC and Henry Byam-Cook represented the successful shipowners.

The North Star Victory: The Commercial Court dismissed a claim by an assured shipowner against his insurers in respect of the total loss of the vessel caused by an explosion while the vessel was undergoing repairs on the ground that the damage was attributable to the wilful misconduct of the shipowner. This appears to be the first case in which a claim under a war risk policy has been rejected on the grounds that the shipowner has cast away his own vessel. Nicholas Hamblen QC and Graham Charkham represented the successful insurers.

Andrew Owusu v. N. B. Jackson, T/A “Villa Holidays Bal-Inn Villas”: Reversing the reasoning of the Court of Appeal in Re Harrods (Buenos Aires) the ECJ held that the Brussels Convention is applicable where the claimant and one of the defendants are domiciled in the same Contracting State and the case between them before the courts of that State has certain connecting factors with a non-Contracting State, but not with another Contracting State. Richard Plender QC represented Mr Owusu.

The Golden Victory: The case concerned the important question of whether and, if so, how events taking place after a contract has been terminated for repudiatory breach may be taken into account in assessing damages. The Court of Appeal unanimously upheld the decision of Langley J that events occurring after the breach but before the hearing can be taken into account regardless of whether such events appeared certain / pre-destined to occur at the time of the breach. Nicholas Hamblen QC represented the Appellants and Timothy Young QC and Henry Byam-Cook represented the Respondents.

 

The Jordan II: Declining to reverse Renton v. Palmyra, the House of Lords held that agreements relieving shipowners of the responsibility for loading and discharging cargo are not rendered null and void by Art. III r. 2 and Art III r. 8 of the Hague Rules. Timothy Young QC and Sudhanshu Swaroop represented the successful shipowners.

Turner v. Grovit: The ECJ decided that it is contrary to the Brussels Convention and EC law for an English court to grant an injunction seeking to restrain the prosecution of proceedings brought in another EC Member State. Stephen Morris QC represented the United Kingdom Government in the proceedings before the ECJ.

Caribbean Petroleum Corporation and Metlife Capital Corporation v. Cristal Limited: The High Court ruled in favour of the Defendants, Cristal Ltd, in an attempt by the Claimants to recover compensation paid following an oil pollution incident after the tank barge ‘Morris J Berman’ grounded on a reef off the coast of Puerto Rico in 1994 spilling some 800,000 gallons of her cargo of fuel oil into the sea.Christopher Hancock QC and Michael Coburn represented Cristal Ltd.

The CMA Djakarta: The Court of Appeal held that a charterer can in principle limit its liability under the 1976 Limitation Convention for claims brought against it by the shipowner, but cannot limit its liability for damage caused to the shipowner's vessel. The Owners were represented by Iain Milligan QC and Michael Coburn, while the Charterers were represented by Christopher Hancock QC and Henry Byam-Cook.