Introduction

BA (Hons) - Oxford University

1998-2000 - Ince & Co

2000 - Called to the Bar (Lincoln's Inn, Kennedy Scholar)

Profile

Mark Jones has a broad commercial practice, including shipping (dry and wet), sale and carriage of goods (international and domestic), insurance and re-insurance (and brokers), banking and general commercial litigation.  He acts in arbitrations both in London and abroad, and appears regularly in the English Courts.  He has also acquired enviable experience at the appellate level, having appeared in some of the leading shipping cases of recent years such as the "STARSIN" (House of Lords) and the "SEA ANGEL" (Court of Appeal).

Particular Areas of Expertise

Mark Jones is recommended by the UK Legal 500 as a leading barrister in the field of Shipping.

Shipping and International Trade:

"Wet" shipping / Admiralty claims (including salvage, marine limitation of liability and pollution claims).

"Dry" shipping (including bill of lading/charterparty disputes, time charter disputes, unseaworthiness claims, unsafe port disputes and other cargo claims).

Ship Building and Sale / Purchase (including guarantee wordings)

Sale / Carriage of goods by air, road, rail and sea, including domestic and international commodity disputes.

Commercial Litigation / Arbitration:

All aspects of general commercial litigation and arbitration, both international and domestic.

Conflict of laws and jurisdictional issues.

Banking:

Domestic and international banking matters.

Surety, guarantee and performance bond disputes.

Trade-related finance (including documentary credits and bills of exchange).

Loan agreements and consumer credit transactions.

Insurance and Reinsurance:

Marine and non-marine.

Disputes as to policy construction, coverage and non-disclosure.

Brokers.

Most of his work has an international element, and he has appeared in arbitration abroad.

 

Recent Cases of Importance

Shipping

The SEA ANGEL [2007] EWCA Civ 547, [2007] 2 Lloyd's Rep. 517, (2007) 1 CLC 876: Court of Appeal, and (2006) 2 CLC 600: Commercial Court. Mark acted for the successful sub-contracting salvors in claims arising out of the large scale TASMAN SPIRIT casualty in Pakistan at both the trial before Gross J, and then in the Court of Appeal.  The case involved novel and important issues relating to the doctrine of frustration of contract.

The "MSC NAPOLI":- Mark is acting for the National Trust and the RSPCA in relation to their claims for pollution clean-up costs incurred as a result of the high-profile grounding and break up of the MSC NAPOLI off the Devon coast.

The OEL VISION:- Mark is acting for shipowners in relation to claims arising out of the total loss of this laden container vessel in August 2006.  The case involves numerous parties in numerous jurisdictions, and was also the subject of Admiralty Court proceedings.

Re: Five new buildings:- Mark was instructed to advise the German buyers of five new build vessels, with a price of over Euros 21 million each in their dispute with a well-known shipyard.

Re: Cruise Ship:- Mark is also advising charterers in a significant dispute arising out of the charter of a cruise ship, where the claims are exp3ected to amount to about Euros 50million.

The CANMAR PRIDE:- Mark is acting for the major shipping company, Orient Overseas Container Line Ltd, in relation to significant claims arising out of the loss of numerous containers overboard during a trans-Atlantic voyage.  The case involves complex multi-jurisdictional litigation (with various parties and proceedings in London, Canada, US and France).

The 'DONGEDIJK':- Mark was instructed for the owners of a container vessel which capsized off Port Said giving rise to various cargo claims, and issues of marine limitation of liability and jurisdiction.

The 'STARSIN' [2004] 1 AC 715 (House of Lords):- one of the most important shipping cases in recent years, the case involved a wide range of issues relevant to the carriage of goods under bills of lading.  Acted as junior counsel on behalf of the successful appellant shipowners / demise charterers on appeal to the House of Lords.

Commercial Litigation / Arbitration

Gracechurch Capital v Republic of Cameroon:- Mark acted (alone) for the Government of Cameroon in Commercial Court proceedings relation to a claim brought by an alleged assignee of significant tranches of government debt.

Re: Dubai Hospital:- Mark acted for a major Indian company in an arbitration held in Dubai regarding a significant dispute arising out of the launch and management of a new state-of-the-art hospital in Dubai.

The Car Agency (International) Ltd v Daimler Chrysler UK Limited:- Mark was instructed as junior counsel in a dispute involving the import of a significant number of cars into the UK from the US and allegations of (inter alia) malicious falsehood.

Miller Brewing v Mersey Docks & Harbour Company & Ors [2004] FSR 81:- Mark acted (alone) for Mersey Docks in a case involving, amongst other things, consideration of how the rights of third parties should be protected when the court grants a party interim relief.

JP Morgan Chase v Peraticos & Ors:- Mark acted in Commercial Court proceedings arising out of the collapse of the Pegasus shipping group; total claims approximately US$11,000,000.

Freeserve:- Mark has acted (alone) for Freeserve, the well-known ISP, in a number of  significant commercial disputes, some involving successful High Court proceedings and others involving advising / preparation for mediation.

Expert Evidence for Foreign Courts

Mark has provided expert evidence on English law for foreign courts.  For example, Mark (1) has provided expert evidence regarding the English law of assignment for the US District Court in New York, and (2) was instructed by a major South American shipping company to provide expert evidence on English shipping law for proceedings in the Dutch Court of Appeal in Amsterdam.

Education & Legal Training

Mark was a scholar at Winchester College before going on to study Law at Oxford University (St Edmund Hall), graduating in 1996.  He completed the Legal Practice Course at the College of Law in London, and then spent 2 years training as a solicitor at Ince & Co, London, specialising in shipping, (re-)insurance, and general commercial litigation.

Mark then moved to the Bar in 2000, and was awarded a Kennedy Scholarship by Lincoln's Inn.  He completed his 1^st 6 months of pupillage at Essex Court Chambers (Gordon Pollock QC) and his 2^nd 6 months at Stone Chambers (Steven Gee QC).  He joined Stone Chambers as a tenant in 2001.

Professional Memberships

Commercial Bar Association (COMBAR)

London Common Law and Commercial Bar Association.

British Maritime Lawyers Association (BMLA)

• Mark is a member of two of the BMLA's working groups: one considering the UK Government's proposals for the implementation of the Bunkers Convention 2001, and the second considering the implementation by the UK of the European Directive on Environmental Liability.

London Shipping Law Centre

• Mark has appeared as a speaker at their professional seminars.