Name
Vasanti Selvaratnam QC

LLB, LLM (1 st Class, King's College London)
Called to the Bar: 1983
Recorder: 2000
Queen's Counsel: 2001
Accredited Mediator

Other Professional Affiliations and Memberships: COMBAR, BMLA, LMAA, European Circuit, Bar European Group; Law Society European Group.

OVERVIEW

Practice embraces all aspects of international commercial litigation, including shipping, competition and civil fraud.

Recommended in Chambers & Partners and Legal 500

SHIPPING

Starsin (House of Lords) [2004] 1 AC 715

Leading case on the identity of the contractual carrier under a bill of lading, the construction and effect of Himalaya Clauses and liability in tort.

Instructed by Holmes Hardingham on behalf of shipowners.

The Nikmary [2004] 1 Lloyd's Rep 55 (Court of Appeal); [2003] 1 Lloyd's Rep 151 (Moore-Bick J)

First modern case to consider the nature and timing of the obligation to provide a cargo in the context of exceptions to the running of laytime under an Asbatankvoy C/P.

Arkin v Borchard and ors [2003] 2 Lloyd's Rep 225; [2004] 1 Lloyd's Rep 88, 636

Commercial Court litigation raising important competition law issues in the context of the activities of two liner shipping conferences; claim for damages based on alleged breaches of Articles 81 and 82 of the EC Treaty. First case under English law in which damages were sought under Articles 81 and 82 in respect of alleged predatory pricing by the members of two liner conferences during a price war in 1991.

Instructed on behalf of one of the leading members of the conferences (Zim) by Berwin Leighton Paisner.

Star Maria [2003] 1 Lloyd's Rep 183

Entitlement to salvage at common law - test for conversion of towage to salvage.

Leerort [2001] 2 Lloyd's Rep. 291

Leading case on limitation of liability under the 1976 Limitation Convention and test to break limit under Article 4.

Instructed by Bentleys Stokes and Lowless on behalf of the limiting ship

The Fjord Wind [2000] 2 Lloyd's Rep 191 (Court of Appeal); [1999] 1 Lloyd's Rep. 307 (Moore-Bick J).

Voyage charterparty and bill of lading dispute; unseaworthiness; whether defendants in breach in wrongfully abandoning the voyage; construction of charter party; title to sue. First modern case to consider the relationship between the doctrines of frustration and abandonment of a marine adventure.

Instructed by Clyde & Co on behalf of major Italian underwriters.

The Sea Empress (1999, Steel J; 2000 Court of Appeal)

Instructed by the Environment Agency as specialist shipping counsel in connection with

prosecution of Milford Haven Port Authority.

The Owners of the Ship Pelopidas v The Owners of the Ship TRSL Concord [1999] 2 Lloyd's Rep 675 (Steel J)

Collision involving analysis of black box data; GPS and computerised reconstruction of vessel tracks. Observations by Steel J as to the role of expert evidence in collision cases.

Instructed by Bentleys Stokes & Lowless

Metro litigation (1999/2000)

Multi-party litigation involving conflict of laws, title to blended/commingled oil and priorities as between conflicting proprietary claims.

Instructed by Messrs Rayfield Mills on behalf of Mobil Oil.

Smit Belait (2000/2001)

Instructed by Holman Fenwick & Willan on behalf of major international salvors in dispute with oilfield operators under a contract for the supply of a service vessel.

Zim Piraeus (2000/2001)

Instructed by Bentleys Stokes and Lowless on behalf of shipowners in various Admiralty Court actions (including multi-party limitation proceedings) and international arbitration arising out of a ship collision.

The Ikariada [1999] 2 Lloyd's Rep 365 (Cresswell J)

First reported case to consider whether failure to complete the blanks on a Congenbill bill of lading can give rise to a claim for damages or an indemnity under a Gencon form of charter.

Instructed by Hewett & Co on behalf of shipowners.

The Kumanovo [1998] 2 Lloyd's Rep. 301 (Clarke J)

Appeal from a reference arising out of ship collision.

Instructed by Holman Fenwick & Willan on behalf of shipowners.

The Lok Vivek (1999)

Reference arising out of ship collision.

Instructed by Holman Fenwick & Willan on behalf of shipowners

The Nagasaki Spirit/Ocean Blessing : [1997] AC 455 (House of Lords)

First case to consider the meaning of special compensation under Article 14 of the Salvage Convention 1989 - of major importance to all professional salvors and shipowners.

The Choko Star [1990] 1 Lloyd's Rep 516 (Court of Appeal)

Leading authority on doctrine of agency of necessity

Numerous salvage arbitrations under LOF, including those in which negligence/failure to use best endeavours on behalf of professional salvors is alleged.

CIVIL FRAUD

Compagnie Noga v The Abacha Defendants and ors : LTL 24/11/2004 (Langley J, joinder and security for costs); [2003] 2 All ER (Comm) 915 (Court of Appeal, parol evidence appeal); LTL 23/07/2003 (Court of Appeal, security for costs appeal); [2003] 1 WLR 307 (Court of Appeal, form of order appeal); (2002) CLC 207 (Rix J, permission to appeal); [2001] 3 Al ER 513 (Rix J, reconsideration); LTL 7/03/01 (Rix J); LTL 10/12/1999 (Court of Appeal, without prejudice rule)

Worldwide tracing and freezing injunctions in support of Noga's claim against the Abacha defendants and a well known bank arising out of their dealings with funds in which Noga claim a beneficial interest; whether Noga had an equitable proprietary interest in the bills of exchange and their proceeds under their contract with the Russian Federation; whether individuals in the governments of Russia and/or Nigeria acted fraudulently.

Ongoing litigation (2004-2005) concerning the establishment of Noga's equitable rights in the proceeds of bills of exchange; whether dealings with the proceeds gave rise to a personal liability to account in equity on the part of the defendants as constructive trustees; proceeds transferred via bank - availability of tracing remedies - whether bank liable to account on the basis of knowing receipt and/or dishonest assistance - whether breaches of money laundering regulations.

Instructed by Stephenson Harwood on behalf of claimants.

COMMERCIAL LITIGATION

Arkin v Borchard and ors - [2003] 2 Lloyd's Rep 225; [2004] 1 Lloyd's Rep 88, 636

Commercial Court litigation raising important competition law issues in the context of the activities of two liner shipping conferences; claim for damages based on alleged breaches of Articles 81 and 82 of the EC Treaty. First case under English law in which damages were sought under Articles 81 and 82 in respect of alleged predatory pricing by the members of two liner conferences during a price war in 1991.

Pending appeals to the CA on costs, including the liability of a professional funder to pay the costs of the successful Defendants.

Instructed on behalf of one of the leading members of the conferences (Zim) by Berwin Leighton Paisner.

Homburg Houtimport v Agrosin Private Ltd [2004] 1 AC 715

Leading case on identity of contractual carrier, ambit of Himalaya clauses and liability in tort of non-contractual carriers.

Instructed by Holmes Hardingham on behalf of shipowners.

Compagnie Noga v The Abacha Defendants and ors : LTL 24/11/2004 (Langley J, joinder and security for costs); [2003] 2 All ER (Comm) 915 (Court of Appeal, parole evidence appeal); LTL 23/07/2003 (Court of Appeal, security for costs appeal); [2003] 1 WLR 307 (Court of Appeal, form of order appeal); (2002) CLC 207 (Rix J, permission to appeal); [2001] 3 Al ER 513 (Rix J, reconsideration); LTL 7/03/01 (Rix J); LTL 10/12/1999 (Court of Appeal, without prejudice rule)

See above under Civil Fraud.

Worldwide tracing and freezing injunctions in support of a claim as equitable assignees of proceeds of bill of exchange under a contract with the Russian Federation; competing claim by the Government of Nigeria who claim funds were stolen by the former President of Nigeria (President Abacha) and others. Issues of admissibility of without prejudice material. Issues re whether a settlement agreed. Subsidiary questions of general importance on practice and procedure, including legitimacy of tailoring the form of order so as to require an unsuccessful party to obtain permission to appeal ([2003] 1 WLR 307, CA) and the jurisdiction of the higher courts to reconsider their decisions (Rix J (Noga No 2: [2001] 3 AER 513).

Appeal to CA concerning the interpretation of a tripartite settlement, the scope of the parole evidence rule and the limits of the exclusionary rule in Prenn v Simmonds : [2003] 2 All ER (Comm) 915

Ongoing litigation (2004-2005) concerning equitable rights in the proceeds of bills of exchange - availability of tracing remedies - whether banks liable as constructive trustees.

Instructed by Stephenson Harwood on behalf of claimants Compagnie Noga and Nessim D Gaon.

Re: Petroplus (ongoing matter 2004-2005: confidential): major naptha supply contract - mercury contamination issues.

Instructed by Berwin Leighton Paisner on behalf of Petroplus

Metro litigation (1999/2000: Moore-Bick J)

Multi-party litigation involving conflict of laws, title to blended/commingled oil and priorities as between conflicting proprietary claims.

Instructed by Messrs Rayfield Mills on behalf of Mobil Oil.

The Fjord Wind [1999] 1 Lloyd's Rep. 307 (Moore-Bick J); [2000] 2 Lloyd's Rep 191(Court of Appeal)

Voyage charterparty and bill of lading dispute; unseaworthiness; whether defendants in breach in wrongfully abandoning the voyage; construction of charter party; title to sue. First modern case to consider the relationship between the doctrines of frustration and abandonment of a marine adventure.

Instructed by Clyde & Co on behalf of major Italian underwriters.

The Ikariada [1999] 2 Lloyd's Rep 365 (Cresswell J)

First reported case to consider whether failure to complete the blanks on a Congenbill bill of lading can give rise to a claim for damages or an indemnity under a Gencon form of charter. Instructed by Hewett & Co on behalf of shipowners.

Union Bank of Finland v Lelakis [1997] CLC 20

Enforceability of guarantee; whether a duty of care is owed by a bank to a 3 rd party guarantor who is not a customer - implications of the Code of Banking Practice; Contempt of Court - tender of conduct money. One of the few modern cases on the tender of conduct money, including the manner and timing of tender, whether the tender must be made personally; whether cash necessary.

Instructed by Holman Fenwick & Willan on behalf of Defendant shipowner

BCCI v Pharaon (July 1997, unrep)

Conflict of interest and misuse of confidential information; injunction and effect of laches.

Instructed by Lovell White Durrant on behalf of the liquidators of BCCI.

ICIC v Tsavliris [1995] 2 Lloyd's Rep 608 (Mance J)

Leading authority on joinder of parties outside the limitation period in cases of universal succession/assignment.

Instructed by Clyde & Co on behalf of cargo claimants.

INTERNATIONAL COMMERCIAL ARBITRATION

Compagnie Noga v The Russian Federation (2000)

Instructed by claimants direct in multi-million dollar dispute against the government of the Russian Federation. Stockholm Chamber of Commerce arbitration held in New York.

Smit Belait (2000/2001)

Instructed by Holman Fenwick & Willan on behalf of major international salvors in dispute with oilfield operators under a contract for the supply of a service vessel. ICC arbitration in Singapore.

Zim Piraeus (2000/2001):

Instructed by Bentleys Stokes and Lowless on behalf of shipowners in dispute with Sri Lanka Ports Authority. ICC arbitration in Sri Lanka.

UK BASED COMMERCIAL ARBITRATION

Regularly instructed in commercial arbitrations governed by LMAA rules on a wide variety of shipping matters and other general commercial disputes.

BANKING

The Noga Litigation (see above)

Multi-party action seeking relief against a well known bank in connection with money laundering by the Abacha defendants.

Instructed by Stephenson Harwood on behalf of claimants.

The Starsin [2004] 1 AC 715

Consideration of the impact of UCP 500 on the importance to be attached to the form of signature when identifying the contractual carrier in a bill of lading.

Union Bank of Finland v Lelakis [1995] CLC 27

Enforceability of guarantee; whether a duty of care is owed by a bank to a 3 rd party guarantor who is not a customer - implications of the Code of Banking Practice. Instructed by Holman Fenwick & Willan on behalf of guarantor.

COMPETITION

Arkin v Borchard and ors [2003] 2 Lloyd's Rep 225; [2004] 1 Lloyd's Rep 88, 636

Commercial Court litigation raising important competition law issues in the context of the activities of two liner shipping conferences; claim for damages based on alleged breaches of Articles 81 and 82 of the EC Treaty. First case under English law in which damages were sought under Articles 81 and 82 in respect of alleged predatory pricing by the members of two liner conferences during a price war in 1991.

Pending appeals to the CA on costs.

Instructed by one of the leading members of the conferences (Zim) by Berwin Leighton Paisner.