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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

22/10/2013

The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain and The French State

This is an archived article, and some links may not work. Contact us if you have any questions.

The case involved disputes between a London P&I Club and the Kingdom of Spain and the Republic of France, arising out of the loss of the M/T PRESTIGE in 2002, one of the largest oil spills in recent years. Spain and France commenced “direct action” proceedings against the Club in Spain pursuant to a Spanish statute. The Club obtained an arbitration award in London declaring that it was not liable for the Spanish and French claims. The Club applied under s.66 of the Arbitration Act 1996 for judgment to be entered in terms of the award. Spain and France resisted that application and challenged the Tribunal’s jurisdiction under s.67/72 of the 1996 Act.


In a judgment handed down on 22 October 2013 the High Court granted the Club’s application and dismissed Spain and France’s challenge to the Tribunal’s jurisdiction. The case concerned the correct approach to characterisation of a claim in accordance with English conflicts of laws principles and in light of the decision in Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Insurance Co (The Hari Bhum) (No 1) [2004] 1 Lloyd’s Rep. 206 and [2005] 1 Lloyd’s Rep. 67; questions of whether France and Spain had lost their sovereign immunity under ss.2, 3 and 9 of the State Immunity Act 1978; and the court’s discretion under s.66 of the 1996 Act.


Members of Chambers: Christopher Hancock QC, Charlotte Tan and Thomas Corby represented the Claimant (instructed by Ince & Co LLP)

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