Sandra Healy

Introduction

BA (Hons) - University of Cambridge, Downing College

Year of Call: 2007

 

Practice

Sandra has a wide-ranging commercial practice with particular expertise in the following areas:

• General commercial
• Shipping and international trade
• Insurance and reinsurance
• Banking and finance
• Construction and energy
• Professional negligence

General Commercial

Sandra appears in court on a regular basis both conducting trials and handling interlocutory matters in a wide variety of commercial and contractual disputes. Sandra is also regularly instructed to advise and draft at all stages of litigation, arbitration and other methods of dispute resolution. Recent work includes:

• Acting as junior to Steven Gee QC in an appeal against an order for committal. Following the exchange of skeleton arguments the appeal was compromised, resulting in the committal order against Sandra's client being discharged by consent.
• Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd [2009] EWHC 2941 (Comm): Acting as junior to Vasanti Selvaratnam QC in a case concerning linked jurisdiction and anti-suit injunction applications before the Commercial Court in context of an action to enforce guarantees worth over US$25million.

Shipping and International Trade

Sandra has been instructed to advise, draft and attend hearings in relation to a wide variety of shipping and international trade matters including charterparty, bill of lading, ship building, ship repair and ship sale disputes. She is also regularly instructed to act for haulage companies and freight forwarders in context of carriage of goods by road and rail.

Having spent time on secondment at an international group P&I Club Sandra has a sound understanding of the commercial background underpinning shipping disputes and she is regularly instructed directly in relation to FD&D matters.

Recent shipping and international trade work includes:

• Advising and drafting submissions for a variety of charterparty disputes arising out of recent turbulence in the shipping markets including disputes relating to laytime and demurrage, withdrawals for non-payment of hire, safe port and safe berth obligations, liens over sub-freights, and owners' right to pursue charterers in circumstances where they are an undisclosed principal.
• Obtaining an order from the Commercial Court for the inspection of a vessel pursuant to s.44 of the Arbitration Act 1996.
• Acting for the owners of a barge (chartered for the purpose of assisting with offshore wind farm building) in relation to an ongoing dispute with the charterers and also the owners of equipment installed on board the barge. This case concerns complex bailment and lien issues.
• Challenging jurisdiction in a Judgments Regulation context and in a common law context.
• Representing a haulage company in an ongoing action in the Technology and Construction Court arising from the combustion of hazardous waste during carriage.

Sandra also has experience of admiralty practice and procedure. Recent work includes:

• Acting as junior to Timothy Hill QC in relation to the arrest of a vessel in the Falklands in order to secure claims made under loan, mortgage and guarantee agreements worth over US$25million.
• Representing the Claimant in an Admiralty court action arising from damage sustained to a trawler during heavy weather while moored in berth.
• Drafting a collision statement of case in proceedings arising from a collision in Uruguayan waters.

Insurance and Reinsurance

Sandra has experience relating to both marine and non-marine policies and having spent time working in-house at a leading professional indemnity insurer and at an international group P&I Club she has a good understanding of the commercial background to insurance disputes. Recent work includes:

• Acting for an insurer in ongoing proceedings concerning a claim worth over US$1.5million in respect of a policy of insurance covering a fleet of containers. This case concerns issues of policy coverage, misrepresentation and non-disclosure.
• Advising an assured in relation to coverage issues arising under a buildings policy in relation to subsidence.
• Acting for an assured claiming an indemnity following the constructive total loss of a vessel. This case concerns issues relating to the measure of indemnity and as to the seaworthiness of the vessel. 

Banking and Finance

Sandra regularly appears in the County Court and High Court in relation to a wide variety of banking and finance matters including applications and trials in mortgage proceedings and trials involving consumer credit legislation issues. Recent work includes:

• Acting for the creditor in a debtor-creditor-supplier dispute arising in context of a timeshare credit agreement regulated by the Consumer Credit Act 1974, involving allegations of fraudulent misrepresentation and jurisdiction issues.
• Advising on consumer credit issues arising in context of the sale of Payment Protection Insurance.
• Acting for a variety of lenders in mortgage proceedings involving fraud, undue influence and competing interests.

Construction and Energy

Sandra has been involved in a wide variety of construction and energy disputes including:

• ICC arbitrations concerning multinational gas and oil pipeline projects.
• A DIAC arbitration concerning a major construction project in Dubai.
• Adjudication proceedings and adjudication enforcement proceedings in the Technology and Construction Court.
• Advising as to liability and quantum and drafting pleadings in relation to subsidence claims.

Professional Negligence

Since spending time working in-house at a leading professional indemnity insurer, Sandra has been instructed in advisory and drafting roles in relation to professional negligence claims against a wide variety of professionals including solicitors and engineers.

Articles and Publications

Lloyd's List (Sept 2010) Time Charter Damages: Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd

Lloyd's List (August 2010) Tasman Pioneer Clarifies Scope of Master Navigation/Management Exception

Stone Chambers website (2010): A case note on the decision in Sylvia Shipping Co Limited v Progress Bulk Carriers Limited [2010] EWHC 542 (Comm) concerning developments in the law of damages generally and in particular to time charter damages.

Butterworths International Trade and Transport Law Newsletter (February 2010): A case comment on the decision in Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd [2009] EWHC 2941 (Comm).

Stone Chambers website (2009): A case note on the decision in Phillip McGuffick v The Royal Bank of Scotland plc [2009] EWHC 2386 concerning the effect of section 77 of the Consumer Credit Act 1974 on loan agreements and other credit arrangements regulated by the Act.

Department for Constitutional Affairs publication (2006): Human rights: human lives - a handbook for public authorities and Making sense of human rights - a short introduction: