Tom Whitehead

Introduction

Tom Whitehead specialises in all areas of shipping and commercial law including the carriage and sale of goods, international trade, arbitration, jurisdiction and the conflict of laws. He regularly appears in the Admiralty and Commercial Courts and in maritime arbitrations concerning the full range of wet and dry shipping claims.

The bulk of Tom's practice concerns dry shipping work (laytime and demurrage, hire claims, speed and performance disputes, Oil Major approval clauses, ship sale and purchase). He also has considerable experience of jurisdiction disputes and claims to anti suit injunctions (both seeking and resisting such orders).

Tom is increasingly instructed in insurance litigation and a growing number of shareholder agreement disputes, including LCIA arbitration.

Recent Cases

National Navigation Co v Endesa Generacion SA (The Wadi Sudr) - Court of Appeal [2009] EWCA Civ 1397; [2010] 1 Lloyd's Rep. 193; [2009] 2 C.L.C. 1004; [2010] I.L.Pr. 10; Times, February 8, 2010;; Gloster J [2009] EWHC 196 (Comm); [2009] 1 Lloyd's Rep. 666; [2009] 1 C.L.C. 393

The leading case on recognition and enforcement in England and Wales of a foreign judgment obtained from a court in another EU member state in breach of a London arbitration clause under the Judgments Regulation (EU Regulation 44/2001). Tom addressed oral submissions to the Court of Appeal on the scope of the Judgments Regulation and as to when a judgment would qualify for recognition and enforcement thereunder. This decision is of profound importance to arbitration in England. The Court of Appeal interpreted the recent ECJ decision The Front Comor as not only precluding the English Courts from granting an anti-suit injunction to prevent litigation in breach of an arbitration agreement, but also as having the wider consequence that a decision of the foreign court on the question of whether there was an arbitration agreement between the parties would be binding on both the London tribunal and the English Court, if obtained before a judgment of the English Court to the contrary. In such circumstances, the London tribunal would be bound to conclude that it had no jurisdiction, and no action to recover damages for breach of the arbitration agreement could be brought.

The Bon Ami [2009] EWHC 816 (Admlty) [2009] 2 Lloyd's Rep 356 Trial of unsafe berth claim.

MSC NAPOLI Claim by emergency services for assisting salvage effort.

Exfin Shipping (India) Ltd Mumbai v Tolani Shipping Co Ltd Mumbai [2006] 2 Lloyd's Rep 389; [2006] 2 All ER (Comm) 938

Whether an admitted but unpaid liability constitutes a "dispute" within the meaning of an arbitration clause, successfully obtained indemnity costs order against appellant).

Recommendations

Tom Whitehead is recommended in Legal 500 as a leading junior for Shipping law, where he is noted for being ‘bright, approachable and hands-on'.

Career

Called 2002; Inner Temple (Major Scholar, Duke of Edinburgh Entrance Award).

Lecturer in Land Law and Trusts Law, Queen Mary College, University of London (2002).

Member, LCLCBA and Commercial Bar Association.

Education

Bolton School; Worcester College Oxford, BA Jurisprudence (1st Class) 2000 (Henry SQ Henriques prize); BCL 2001

Publications

Co-author, United Kingdom and British Maritime Law Association's Joint Response to the IMO Questionnaire on the Salvage Convention 1989 (2004)