Introduction

Date of Call    16^th October 1990

Date of Silk    30^th March 2009

 

Particular Areas of Expertise

Timothy Hill QC has a broad commercial practice with particular expertise in all aspects of: Commercial Litigation including joint ventures, distribution agreements, commercial agencies, and shareholders' agreements; Shipping & Maritime Law including charterparties, bills of lading, contracts of affreightment etc., ship finance, ship building, ship sale and purchase, collisions and salvage; International Trade (c.i.f., c. & f., f.o.b. etc.), sale of goods (domestic and international), commodities; Marine Insurance including hull, war risks, loss of use, mortgagees' interest, cargo, P & I etc; Non-marine Insurance; Banking and Finance with particular expertise of the ISDA Master Agreement; Arbitration (practice and procedure), Civil Fraud.

Timothy Hill QC also sits as a commercial arbitrator and acts as a mediator.

 

Selection of Significant cases

Commercial Litigation:

• Dollfus Mieg & Cie v CDW International Ltd (High Court unreported) Multi-jurisdictional dispute concerning the termination of a joint venture agreement (textile manufacturing) between French and Chinese garment manufacturers. Issues included whether a partnership existed, how the JV ought to have been terminated and division of its assets.

• IFR Ltd v Federal Trade SpA (High Court unreported) Conflict of Laws - Agency - Anti-suit injunction - Distributor agreement with Italian defendant contained English law and jurisdiction clause - Defendant issued Italian proceedings claiming that agreement was entered into as a result of economic duress and seeking compensation for termination of agency - Claimant issued English proceedings for declaration that English court had jurisdiction and seeking anti-suit injunction - Whether English jurisdiction clause in distributor agreement bound Italian defendant even if agreement voidable for duress - Whether Distributor agreement was a commercial agency within Council Directive 86/653.

• **** v **** (2009) claim for breaches of various investment agreements and shareholders' agreements and claims for misrepresentation concerning an investment in a bio fuels consortium.

• **** v **** (2009) claim for breaches of a shareholders' agreement and breaches of fiduciary duties in relation to a jet aviation company; claims by minority shareholders to enforce shareholders' agreement.

• ABP v Ferryways £50 million breach of contract claim - proper construction of agreements for the use of a ferry terminal; whether Guarantee or indemnity-Whether contract to be construed as guarantee or as indemnity or as a legally binding letter of comfort.

• Tradewinds Leasing Limited v Sriwijaya Air (unreported) Disputes concerning the true construction of an aircraft lease and associated financing agreements.

• Volgatankers JSC v Burren Energy Plc (arbitration) Whether 20 year bareboat charter of 16 oil tankers by a former state-owned Russian transport company to a company connected to a principal shareholder of that company was void.

• Bawjem v MC Fabrications [1999] 1 ALL ER (Comm) 377 (CA) Whether the purported assignee of the benefit of a non-transferable contract from an insolvent company can sue on his own behalf, and the appropriate forum to determine who should represent the company.

• Edwinton Commercial v Tsavliris Russ [2007] 2 Lloyd's Rep 517 (CA) Frustration of commercial contracts - Whether event actually foreseen or foreseeable - If foreseeable, the degree and extent of foreseeability - Whether frustration was self-induced.

• Multistar Container Transport Ltd v MCM Management, Control & maintenance SA (2007) breach of tank container leasing agreement in respect of 301 chemical tanks.


• Ministry of Trade of Iraq v Tsavliris Salvage (International) Ltd ("The Altair") [2008] 2 Lloyd's Rep 90 (Gross J) - whether the grain board of Iraq was a separate entity carrying on a commercial function or whether it was a government department entitles to Sovereign State immunity.

 

Shipping & Maritime Law:

• Seagate Shipping Ltd v Glencore International AG ("The Silver Constellation") [2008] 2 Lloyd's Rep 440 Two related arbitrations involving losses of up to US£21 million. 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.

• Golden Fleece Maritime In c v ST Shipping & Transport Inc ("The Frixos / The Elli") [2008] 2 Lloyd's Rep 119 (CA), [2008] 1 Lloyd's Rep 262 (Cooke J) Charterparty (Time)-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.

• Triton Navigation Inc v Vitol SA [2004] 1 Lloyd's Rep 55 (C.A.), [2003] 1 Lloyd's Rep 151 Charter-party (Voyage) - 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 [2002] 2 Lloyd's Rep 535 (David Steel J) Unseaworthiness - Due diligence - Grounding - Chart discrepancy - Whether cause of grounding navigational error - Whether vessel unseaworthy - Whether defendants exercised due diligence

• The Seaflower [2001] 1 Lloyds Rep 341 (C.A.), [2000] 2 Lloyds Rep 37 Charter-party (Time) - termination by repudiatory breach - proper construction of oil majors approval clause.

• Marimpex Mineraloel Handlesgesellschaft mbH & Co KB v Compagnie de Gestion et d'Exploitation Ltd ("The Ambor") [2000] 1 ALL ER (Comm) 182. Shipping-Charterparty-Time charter-Shelltime 4 form-Last voyage clause-Whether charterers entitled to order vessel to perform last voyage ending after period for redelivery.

• The Jalagouri [2000] 1 Lloyds Rep 515 (CA), [1999] 1 Lloyds Rep 903 Charter-party (Time) - 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 [2000] 1 Lloyds Rep 638 Charter-party (Time) - Employment and agency clause - Discharge of cargo - 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 [1999] 2 Lloyds Rep 281 Jurisdiction - Article 5(1) of the Brussels Convention. 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.

• Commerzbank Aktiengesellschaft v Owners of "Yu Shan" (2009) enforcement of guarantee in respect of loan agreements and interest rate swaps secured by mortgage over vessel.

• Hull ****, Hull **** and Hull **** (2009) 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.

• M v F (2009) - claim under ship building contract; whether purchaser was liable to indemnify yard in relation to claim brought by third party directly against yard for defects.


• **** v **** (2009) dispute under the NSF - Clause 11 (condition on delivery), claim for misrepresentation and fraud.

• The "Tamoyo Maiden" (2006) dispute under the NSF - incorporation of the statutory implied terms of the Sale of Goods Act, Clause 11 and misrepresentation.


• AS Klaveness v Pioneer Freight Futures (High Court 2009) - US$30 million claim for breach of the ISDA Master Agreements and non-payment of Early Termination Payments; whether either party committed an Event of Default, whether ISDA Master Agreement permitted netting off of claims and upon what terms; collateral agreements and equitable forebearance.


• Flame SA v Primera and TMT Asia - US$7 million claim to enforce forward freight agreements; CPR 72 and freezing injunctions.
  Oil Major Clauses - Recently Timothy Hill QC has advised in relation to numerous cases concerning the construction and effect of oil major clauses in tanker charterparties.
  Unsafe Port Claims - Recently Timothy Hill QC has undertaken a number of unsafe port claims on behalf of both owners and charterers involving extensive damage to the vessels concerned.

  Elefheria v Hakki Deval - issues concerning the appropriate calculation of loss of use when a vessel is undergoing temporary and permanent repairs following a collision.

• Arbitrations: In the past two years Timothy Hill QC has appeared in 15 LOF arbitrations or ad hoc submissions to arbitration in salvage cases. These have included "Fidelity", "Golden Sky", "Aghios Makarios", "Lady Belinda" and "Lady Hammond" instructed by Clyde & Co, and "Voutakos", "Akti", "Endeavor", "APL Panama" "Hyundai Fortune" and "Atlantic Trader" instructed by Hill Dickinson. Most notably, Timothy Hill QC was junior counsel for contractors (Titan) in the "APL Panama" arbitration which hearing lasted in excess of four weeks and sole counsel (before Mr Kverndal QC and Mr Reeder QC) and junior counsel before David Steel J in the leading case of "Voutakos". He was recently instructed for salvors in the appeal to the High Court in "Ocean Crown".

 

Sale of Goods & Commodities:

• Fortune Hong Kong Trading Ltd v Cosco-Feosco (Spore) Pte Ltd [2002] EWHC 79 (Comm) Guarantee and Indemnity - Banking and Financial Services - Deceit - Sellers obtained payment under letter of credit by presenting letter of indemnity instead of original bills of lading - Sellers liable for breach of letter of indemnity and in deceit because letter of indemnity amounted in circumstances to fraudulent misrepresentation - Buyers' financing agreement not illegal moneylending transaction under Hong Kong Money Lending Ordinance.

• **** v **** (2009), a claim for late delivery under a CIF contract for the supply of winter gas oil, correct measure of loss; mitigation.

• **** v **** (2009) a claim for non-delivery under a CIF contract incorporating FOSFA 54 - ban imposed by the Greek authorities on the import of sunflower seed oil from the Ukraine - whether buyer in breach.


• *** v *** (2009) - CIF contract concerning the shipment of biofuel to receivers power generating plant. Cause of extensive damage and shut down of plant: quality dispute.

 

Insurance:

• White SA v Oman Insurance Company (PSC) - hull policy - whether salvage services were incurred in order to avoid or in connection with the avoidance of a peril covered by the Policy; extent of reasonable measures under section 66 and 78(4) of the Marine Insurance Act 1906.

• Gulf Maritime Ltd v Oman Insurance Company (PSC) - hull policy - "VML2" dispute concerning whether "stinger" for oil pipe laying barge DBL 600 (US$20 million) was covered by hull policy; terms of the policy; rectification of the policy; true construction of "connected with".

• Island Navigation v Renaissance Insurance (2007) - hull - fire - notice of abandonment and claim for total loss. Correct terms of the policy- whether class maintained warranty part of slip - breach of warranty - non-disclosure.

• "****** ****" - loss of hire policy on war risks terms - current dispute concerning Charterers' loss of hire following a lengthy detention caused by piracy. Whether a valued policy; whether ownership structure between owners and charterers negated loss of use; whether non-disclosure of ownership structure; Moral Hazard; whether voluntary assumption of loss.

• Handelsbanken ASA v Dandridge & ors [2002] 2 Lloyd's Rep 421 (C.A) - Mortgagees' interest - Indemnity - Construction of Institute war clauses - Vessel seized and detained by Australian authorities, on grounds of illegal fishing - Whether seizure and detention by reason of infringement of trading regulations - Whether arrest and detention of vessel arose from operation of ordinary judicial process or failure to provide security or any financial cause - Whether claimants' claims excluded by exclusion clauses in war risks policy.

• "****** ****" - P & I cover - current dispute concerning P & I coverage; true construction of Club Rules; principles applicable to operation of Directors' discretion.

 

Banking and Finance:

• Whitbread Plc v UCB Corporate Services LtdThe Times June 22, 2000 (C.A.) Mortgage - deed of priority between two mortgagees - whether 'interest' refers to compound interest on original underlying transaction.

• AS Klaveness v Pioneer Freight Futures (High Court 2009) - freight futures - US$30 million claim for breach of the ISDA Master Agreements and non-payment of Early Termination Payments; whether either party committed an Event of Default, whether ISDA Master Agreement permitted netting off of claims and upon what terms; collateral agreements and equitable forebearance.

• Commerzbank Aktiengesellschaft v Capewind Corporation (2009) interest rate swaps - claims under ISDA Master Agreement; correct calculation of Early Termination Payment.

 

Arbitration:

• Ministry of Trade of Iraq v Tsavliris Salvage (International) Ltd ("The Altair") [2008] 2 Lloyd's Rep 90 Arbitration agreements, corporate personality and public sector, freezing injunctions, state immunity.

• Aziz Ahiq Ali v Spey Bridge (2008) whether applicant had locus to bring arbitration application challenging award under ss. 67 and 68 of Arbitration Act 1996.

• Union Trans-Pacific Co Ltd v Orient Shipping Rotterdam BV [2002] EWHC 1451 (Comm) Whether an arbitration validly commenced before a company is struck off the company register can be pursued once the company is restored to the register - Whether under the national law applicable any actions taken by the company when it was struck off are deemed to have been retrospectively validated.

 

Civil Fraud:

• Charter Construction Plc v Sparkwell Developments Ltd & others (High Court 2007) - whether transactions allegedly defrauding creditors - whether a commercial purpose of allegedly fraudulent transactions totalling £10 million - whether advice from solicitors at the time disputed transactions undertaken were disclosable - appropriate statutory remedies.

• **** v **** (2009) whether manager was in breach of fiduciary duties in relation to the management of 28 vessels - breach of fiduciary duties - whether managers making secret commissions - whether an account should be taken.


• The Owners of the Ariela v Owners and/or Demise Charterers of the Dredger Kamal XXVI and the Barge Kamal XXIV - whether claim brought was fraudulent; whether previous orders in a related action should be set aside as the same had been procured by fraud.

• UCB Home Loans Corp Ltd v Carr [2000] Lloyd's Rep. PN 754 - mortgages - fraudulent solicitor acting for borrower and bank - bank brought action for deceit, breach of trust and negligence - whether action time barred - whether bank could have discovered fraud earlier.

 

Recent Reported Cases

Gold Shipping Navigation Co SA v Lulu Maritime Ltd [2009] EWHC 1365 (Teare J),

Seagate Shipping Ltd v Glencore International AG ("The Silver Constellation") [2008] 2 Lloyd's Rep 440 (David Steel J),

The Owners of Voutakos v Tsavliris Salvage (International) Ltd [2008] 2 Lloyd's Rep 516 (David Steel J),

Golden Fleece Maritime In c v ST Shipping & Transport Inc ("The Frixos / The Elli") [2008] 2 Lloyd's Rep 119 (CA), [2008] 1 Lloyd's Rep 262 (Cooke J), 

Ministry of Trade of Iraq v Tsavliris Salvage (International) Ltd ("The Altair") [2008] 2 Lloyd's Rep 90 (Gross J),

The Owners of the Ship Kamal XXVI v The Owners of the Ship Ariela [2009] EWHC 177 (Comm), [2007] EWHC 2434,

Edwinton Commercial Corp v Tsavliris Russ ("the Sea Angel") [2007] 2 Lloyd's Rep 517 (CA), [2007] 1 Lloyd's Rep 335 (Gross J),

The Owners of the Eleftheria v The Owners of Hakki Deval [2006] EWHC 2809 (David Steel J),

Humber Work Boats Ltd v The Owners of Selby Paradigm [2004] 2 Lloyd's Rep 714,

Triton Navigation Ltd v Vitol SA ("The Nikmary") [2004] 1 Lloyd's Rep 55 (C.A.), [2003] 1 Lloyd's Rep 151 (Moore-Bick J),

Union Trans-Pacific Co Ltd v Orient Shipping Rotterdam BV [2002] EWHC 1451 (Comm),

Owners of Cargo Lately Laden On Board The Torepo v Owners of The Torepo [2002] 2 Lloyd's Rep 535 (David Steel J),

Handelsbanken ASA v Dandridge & ors ("The Aliza Glacial") [2002] 2 Lloyd's Rep 421 (C.A),

Fortune Hong Kong Trading Ltd v Cosco-Feosco (Singapore) Pte Ltd [2002] EWHC 79 (Comm),

BS&N Ltd v Micardo Shipping Ltd ("The Seaflower") [2001] 1 Lloyds Rep 341 (C.A.), [2000] 2 Lloyds Rep 37,

Marimpex Mineraloel Handlesgesellschaft mbH & Co KB v Compagnie de Gestion et d'Exploitation Ltd ("The Ambor") [2000] 1 ALL ER (Comm) 182,

Whitebread Plc v UCB Corporate Services Ltd Times June 22, 2000 (CA),

UCB Home Loans Corp Ltd v Carr [2000] Lloyd's Rep. PN 754,

Nippon Yusen Kaisha Ltd v Scindia Steam Navigation Co Ltd ("The Jalagouri") [2000] 1 Lloyds Rep 515 (C.A.), [1999] 1 Lloyds Rep 903,

Merit Shipping Co Inc v TK Boesen A/S ("The Goodpal") [2000] 1 Lloyds Rep 638,

RPS Prodotti Siderurgici Srl v Owners of The Sea Maas [1999] 2 Lloyds Rep 281,

Bawjem Ltd v MC Fabrications Ltd [1999] 1 ALL ER (Comm) 377 (CA)

 

Education and Qualifications

1985-1988     University College, London, LL. B (Hons) First Class

1988-1989     Fitzwilliam College, Cambridge, Post Graduate Research Diploma

1989-1990     Inns of Court School of Law, Bar Examinations

1990-1991     Exeter College, Oxford, B.C.L.

2002             Member of the Chartered Institute of Arbitrators

2002             CEDR accredited mediator

 

 

Publications

"The effect of 'follow the settlement' clauses - Scor Revisited" International Insurance Law Review 2(12) 459-463

"Third party rights against insurers: undisclosed principals" International Insurance Law Review 2(2) G27-28

"Restitution from public authorities and the Treasury's position: Woolwich Equitable Building Society v IRC" M.L.R. 1993, 56(6), 856-865

"A lost chance for compensation in the tort of negligence by the House of Lords" M.L.R. 1991, 54(4), 511-523

 

 

Professional Memberships

Commercial Bar Association

British Maritime Law Association

London Common Law and Commercial Bar Association

London Maritime Arbitrators' Association - Supporting Member

Bentham Club

 

 

Nominations

Timothy Hill QC is recommended in Legal 500, Chambers & Partners, and Legal Experts