Elizabeth Blackburn QC

Introduction

BA (Hons) - University of Manchester
1978 - Middle Temple
1998 - QC
2008 - Bencher of the Middle Temple
2009 - LOF Arbitrator

 

Rights of Audience

England and Wales (1978)
Dubai International Financial Centre Courts (2008)

 

Particular Areas of Expertise

Elizabeth Blackburn has particular expertise in large scale casualty work where there are related conflict of laws and jurisdictional issues and complex expert issues relating to naval architecture, hydrography, meteorology and geo-technology; shipping and the international carriage of goods; international trade and associated finance; damage to off shore installations; marine insurance and P&I issues; shipbuilding, in particular superyacht construction; maritime limitation of liability; collision, salvage and towage disputes, and maritime heritage and wreck disputes.

She is recommended as a shipping silk in both The Legal 500 and Chambers & Partners where she has been described as being "beloved by solicitors for always having the facts at her fingertips", valued for her ability in wet disputes and jurisdictional matters, "industry sources say that she has a strong grasp of the law relating to pollution."

She was part of the UK Delegation at the May 2003 IOPC Supplementary Fund Diplomatic Conference, and has been involved  in the finalising and implementation of the Nairobi Wreck Removal Convention 2007. She is also the legal member of the Department of Culture's Advisory Committee on Historic Wreck Sites.

Elizabeth Blackburn also has a significant practice as an ICC arbitrator, specialising in commercial contracts, such as large scale supply contracts in the energy section, shipbuilding contracts and international trade disputes. She has been appointed as both chairman and sole arbitrator in a number of such disputes by the ICC International Court of Arbitration on the recommendation of the UK National Committee. Click to view Elizabeth Blackburn QC Arbitrator Profile.

She is a Member of the Executive Committee of the British Maritime Law Association and chairs the Pollution Law Sub Committee; a Member of the ICC UK Transport Committee; a Member of the ICC UK Arbitration and ADR Group; and is also actively involved in the London Shipping Law Centre and is the Chair of the Education Sub-Committee and a member of the Steering Committee.

In December 2009 Elizabeth was appointed as a first instance arbitrator on the Lloyd's Open Forum Arbitration Panel.

 

Recent Cases of Importance

The **** [2010 and ongoing]: Acting for the Purchaser of a multi-million euro superyacht in a major shipbuilding arbitration with disputes involving contractual interpretation; alleged costs over runs; time delays; and disputes relating to alleged modifications.  

The MSC CHITRA  [2011]: Advising the Owners of the MSC Chitra in this major maritime casualty in India.  

The NORDLAKE: INS VINDHYAGIRI [2011]: Advising the Owners of the Nordlake in another major maritime casualty in India.

The OLIVA [2011]: Advising the Owners in a major environmental casualty leading from a grounding in St Helena.  

The KAMINESAN: HYUNDAI NO 105: MAMITSA [2004 to 2011]: continuing to advise the owners of the VLCC KAMINESAN in this major tri-partite collision in the Singapore Strait with claims in excess of US$100 million and associated ongoing limitation action in Singapore brought under the 1957 Limitation Convention. This was the largest casualty worldwide in 2004 and there are presently 6 ongoing actions in Singapore

*** v *** [2011]: Chairing ICC arbitration arising out of the supply of an off-gas treatment plant in one of the Baltic States.

The ROCKNES [2009 to 2011]:Complicated salvage case dealing with the valuation of a rock dumping vessel  and the assignment of an Article 13 award to a SCOPIC insurer.

The *** [2010]: Advising in relation to various insurance and contractual issues arising out of a collision with an offshore FPSO Vessel leading to substantial losses of production.

MICOPERI 30: (2008) Elizabeth Blackburn was heavily involved for much of 2008 in this substantial Commercial Court dispute relating to the pulling over of an offshore structure during installation in the Turkish Akcakoca Fields, acting for the owners and operators of the field. As in many of Elizabeth's cases, the expert evidence was wide ranging, including offshore engineering and construction issues, the safe working practices of the offshore industry and the insurances available in the market to cover offshore construction projects and well drilling;

A TURTLE (2008) EWHC 3034, acting for Tugowners in this Admiralty action arising out of the loss of a semi-submersible drilling platform in the South Atlantic which was being  towed under a TOWCON contract; 

Superyacht dispute (2008): Advising builders on and preparing for a mediation relating to delay, change of specification and alleged breach of confidentiality issues in Superyacht dispute during Spring 2008. The dispute was settled prior to the commencement of the mediation.

The SEA ANGEL; TASMAN SPIRIT: (2003 to 2007) Alleged frustration of time charterparty arising out of the salvage of this large scale pollution casualty in Pakistan, acting for the successful owners of the SEA ANGEL at first instance and in the Court of Appeal.  [2007] 2 Lloyd's Rep. 517

The CRISTOFORO COLOMBO (2004 to  2007) acting for shipowners in this major grounding casaulty in the Sakhalin area of Russia. Complex expert issues relating to naval architecture, hydrography, meteorology and geo-technology;

Grenco B.V.  v J&E Hall Limited, Jackstone Froster Limited (2005/7): Representing Defendant suppliers of  vertical stack plate freezers for industrial use on land and on board ocean-going vessels in this substantial Commercial Court claim  for breach of contract and/or negligence concerning amongst other things the design and supply of aluminium freezer plates. Numerous points arising for consideration and advice in relation to expert issues of plate susceptibility to corrosion, corrosion inhibitors, design and integrity of marine freezer systems, weld procedures and general causation.

The LUCKY LADY (2006) and CAPE JUPITER (2005) advising on unsafe port and ISM issues involving substantial sums.

THE DONGEDIJK (2004/5) capsize of a laden container vessel off Port Said: Admiralty

Princesca Oceanica v Merrion Insurance (2003) Commercial Court trial concerning a series of performance bonds and reinsurance cut through endorsements; worldwide freezing orders leading to committal and sequestration of directors' assets.

The PALVIA (2003) advising on potential claims for breach of Article 10EC via European Commission in relation to national state breaches of recent EC Directives and Regulations on maritime safety within the EC

The FREJA SCANDIC [2002] EWHC 79, letter of indemnity/fraudulent misrepresentation dispute relating to the non delivery of a cargo of gas oil to China.

APL DUBAI: APL ALMANDINE: MARCLIPPER (2008) acting for owners of APL DUBAI in tri-partite collision in the Singapore Strait;

OHMINESAN: GRAND VIEW (2008) advising in this collision in Singapore Strait;

The ECE: GENERAL GROT ROWECKI (2006/7) acting for owners of GGR in this collision in the English Channel in January 2006.

The HAN:ALIOS ARTEMIS (2006) jurisdictional and limitation issues arising out of this collision of Hydra

CHRISOPIGI LADY:YUE SHAN (2006) and CONTSHIP AUCKLAND:MIRI CAHAYA collisions in Singapore Strait

The TRICOLOR and KARIBA: (2003) major maritime casualty and wreck removal in English Channel,  involving jurisdictional and worldwide limitation issues, acting for Owners of KARIBA, claims in excess of US$100 million.

The IEVOLI SUN : (2000 to 2003) Total loss of  chemical carrier in the English Channel, carrying bunkers, hazardous and noxious substances. Acting for Shipowners.

The NAKHODKA : (1997 to 2002) Total loss of laden tanker, leading to major maritime disaster in Japan, acting for shipowners. Claim  by the IOPC Fund in excess of £189 million;  involved litigation in both Japan and UK. Along with the PRESTIGE and ERIKA (in which Elizabeth has also advised), the NAKHODKA is one of the largest oil pollution cases ever dealt with by the IOPC Fund.  Also raised issues on the international law of the Sea, treaty obligations,  carriage of goods and marine insurance.

The GUDERMES and the ST JACQUES II : [2003] 1 Lloyd's Rep. 203: collision and limitation action involving laden tanker in English Channel in April 2001. First case in which a claim to limit under the 1976 Limitation Convention was allowed to proceed to trial.

The MSC Rosa M [2000] 2 Lloyd's Rep 399, multi-bill of lading cargo dispute arising out of near capsize in the English Channel, one of the first cases in which the right to limit under the 1976 Convention was seriously challenged.

 

Education

City of London School for Girls

University of Manchester