Helen Morton

Professional practice

Helen is an experienced lawyer with an established practice spanning the full range of commercial disputes. She acts as both sole and junior counsel and regularly appears in the Business and Property Courts and in arbitration.

Helen is particularly experienced in heavy commercial litigation, civil fraud, private international law, shipping, insurance and data protection. She acts in both the advisory and contentious contexts at all stages of the dispute resolution process, from initial advice to trial and enforcement actions.

She is currently acting in the notable s.69 arbitration appeal, Fimbank Plc v KCH Shipping Co, in which the Court of Appeal determined in May 2023 that the Article III Rule 6 time-bar in the Hague-Visby Rules applies to misdelivery of cargo post-discharge. The position was previously undecided with debate in the caselaw, commentaries and international community going both ways. As the point arises frequently across the industry, the decision has considerable commercial significance.

Other recent work highlights include acting:

For the defendants in US$ 2 billion fraud proceedings (Suppipat & Ors v Nop Narongdej & Ors), a multi-party conspiracy claim concerning the shares of Thailand’s largest renewable energy company;
For the claimant in one of the high-profile proceedings against the SFO (ENRC v The Director of the SFO, Gibson & Puddick) which includes claims for breach of confidence, misfeasance in public office and unlawful means conspiracy;
For the claimant in a major class action in relation to largescale data breaches by a global social media platform (SMO (A child) v TikTok); and
On behalf of the UK Government in a long running multi-billion pound damages dispute (Bank Mellat v Her Majesty’s Treasury) in which the Court of Appeal issued an important judgment on disclosure where there is an alleged risk of foreign prosecution.

Helen is co-author of the forthcoming edition of ‘The Common Law Jurisprudence of the Conflict of Laws, Hart’ which is due to be published in May 2023. Her chapter, ‘The Mixed Blessing of Vita Food Products: The Impact and Influence of the Privy Council’s Decision’, addresses issues in the conflict of laws and shipping.

What others say

The Legal 500 2024, Shipping:

“Helen is a powerhouse and definitely a force to be reckoned with. Her grasp of the law and of the facts is top notch.”

Arbitration & related court applications

Helen has substantial experience in arbitration and related court applications She has advised and acted as sole and junior counsel under a variety of arbitration rules, including LMAA, LCIA ICC and FOSFA. Examples of Helen’s experience in this area include:

Fimbank Plc v KCH Shipping Co Ltd [2023] EWCA Civ 569: Acting as junior counsel (led by Christopher Smith KC) in an LMAA arbitration concerning a claim for misdelivery of goods for the claimant bank against the charterer of the vessel, which involved whether or not the Hague/Hague-Visby Rules Article III rule 6 time bar applies to misdelivery post-discharge. Judgment on the claimant’s appeal to the Court of Appeal was handed down on 24 May 2023.
Acting as junior counsel (led by Iain Quirk KC) in a claim for breaches of a long-running distribution agreement.
cted as junior counsel (led by Stephen Houseman KC) in an LMAA Arbitration concerning agency agreements in respect of drilling contracts which involved claims of alleged breach of fiduciary duty.
Acted as junior counsel (led by Vernon Flynn KC and Jern-Fei Ng KC) in an ICC arbitration involving a USD40m dispute concerning the supply of a telecommunications system. Acted as junior counsel (led by Joe Smouha KC, Damien Walker and Lucas Bastin KC) for the Claimants in an LCIA arbitration concerning issues under a shareholder agreement. Acted as junior counsel (led by David Foxton KC, Paul McGrath KC and David Davies KC) for the Claimants, former majority holders of the Yukos oil company in an enforcement action in England in respect of the US$50 billion arbitration awards awarded to the Claimants against The Russian Federation. The case was listed as one of The Lawyer Magazine’s top 20 cases of 2016.
Acted as sole counsel in respect of costs and interest issues concerning a number of arbitration awards.
Acted as junior counsel (led by Nigel Eaton KC) in LCIA arbitrations involving disputes concerning various loan agreements.
Acted as junior counsel (led by Roderick Cordara KC) in an LMAA arbitration involving a share purchase agreement and counterclaims concerning alleged company mismanagement.
Acted as junior counsel (led by David Davies KC) in relation to the quantum stage of proceedings concerning a FOSFA arbitration award.

Civil fraud & asset recovery

Helen has considerable experience of civil fraud work, spanning global multi-party disputes, injunctions, contempt applications and claims against litigants-in-person. Her recent instructions include:

Suppipat & Ors v Nop Narongdej & Ors: Acted (led by Anna Dilnot KC and with James Petkovic) for three defendants in substantial and hugely complex fraud proceedings commenced by the former owner of Thailand’s largest renewable energy company. 17 defendants have been joined to the proceedings, by which the claimants seek between £1-2 billion.
Verlox International Ltd v Antoshin & Ors [2023] EWHC 86 (Comm): Acting on behalf of the Fourth Defendant resisting the claimants’ application to bring contempt proceedings against legal representatives in the context of a claim concerning an alleged oral share agreement. The claim attracted significant publicity and involved allegations of bias and collusion against a variety of legal representatives and members of the judiciary.
ENRC v The Director of the SFO, Gibson & Puddick [2022] EWHC 3190: Acting on behalf of the claimant (led by Stephen House KC, Anna Boase KC and David Glen) in a claim against the SFO and two of its officers in respect of alleged unauthorised and unlawful disclosures of confidential information. The claims include breach of confidence, misfeasance in public office and unlawful means conspiracy. Trial is due to be heard in Autumn 2024.

Commercial dispute resolution

Helen’s practice spans the full range of commercial disputes, and has acted and advised in a wide variety of disputes as both sole and junior counsel. She has considerable experience of various interim applications, including security for costs, summary judgment and specific disclosure, as well as case management more generally. Examples of her work include:

Suppipat & Ors v Nop Narongdej & Ors: Acted (led by Anna Dilnot KC and with James Petkovic) for three defendants in substantial and hugely complex fraud proceedings commenced by the former owner of Thailand’s largest renewable energy company. 17 defendants have been joined to the proceedings, by which the claimants seek between £1-2 billion.
ENRC v The Director of the SFO, Gibson & Puddick [2022] EWHC 3190: Acting on behalf of the claimant (led by Stephen House KC, Anna Boase KC and David Glen) in a claim against the SFO and two of its officers in respect of alleged unauthorised and unlawful disclosures of confidential information. The claims include breach of confidence, misfeasance in public office and unlawful means conspiracy. Trial is due to be heard in Autumn 2024.
Fimbank Plc v KCH Shipping Co Ltd [2023] EWCA Civ 569: Acting as junior counsel (led by Christpher Smith KC) in a claim for misdelivery of goods for the claimant bank against the charterer of the vessel, which involved whether or not the Hague/Hague-Visby Rules Article III rule 6 time bar applies to misdelivery post-discharge. Judgment on the claimant’s appeal to the Court of Appeal was handed down on 24 May 2023.
AML v AMMENA: Acting (led by Iain Quirk KC and with Robert Harris) for Aston Martin Lagonda in proceedings against its Middle East distributor.
Advising as sole counsel on a number of contractual disputes, ranging from the provision of security services at high profile events to loan agreements made during the COVID-19 pandemic.
Acted (led by Steven Berry KC) for the claimant in a marine reinsurance dispute concerning the constructive total loss of the insured vessel.
Acted (led by Brendan Kelly KC) for the claimant in a cross-border dispute concerning a claim for delivery up of documents.
Acted (led by Emily Wood KC) for the claimants in a dispute concerning the commission of a newbuild yacht, involving claims of alleged breach of fiduciary duty.
Eldimas Limited v B&H Worldwide Limited: Acted as sole counsel in a case concerning a contract for worldwide business development services.
Acted (led by Vikram Sachdeva KC) for claimants in a claim for an injunction to secure the continued collaboration between two police forces pursuant to the contract between them. Bank Mellat v Her Majesty’s Treasury [2019] EWCA Civ 449: Acted as junior counsel (led by David Foxton KC, Philippa Hopkins KC, Steven Kovats KC and Julian Blake) in the long running multi-billion pound damages litigation, which settled just before trial. In March 2019 the Court of Appeal handed down an important judgment on the proper approach to disclosure where one party alleges a risk of foreign prosecution. The litigation settled on the first day of trial in June 2019.
Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd: Acted as junior counsel (led by David Foxton KC) for the Claimants in a claim involving advance payment and steel supply agreements worth USD63m, dealt with the initial advice and all preliminary stages as sole counsel.
Atheer Telecom Iraq Limited v Orascom Telecom Iraq Corp. Limited: Acted as junior counsel (led by Penny Madden KC) for the defendants in an application for an unless order in the commercial court, in a case concerning contractual issues relating to tax liability under Iraqi law.
Corda v Corda: Acted as sole counsel and appeared in the High Court for the defendant in a Part 8 Claim brought by the claimants in respect of the sale of the parties’ joint business. Acted as sole counsel for the defendants in a dispute concerning the existence of a contract in respect of preparatory work on a project.
Acted as junior counsel (led by James Willan KC) for the defendants in two cases for the defendants, a Cypriot bank, concerning secured loan facilities and sale of charged properties.

Data Protection

SMO v TikTok: Acting as junior counsel (led by Charles Ciumei KC) for the claimant in a major class action against a global social media company in relation to largescale data breaches. The most recent decision on the claimant’s application for anonymity can be found at: [2020] EWHC 3589 (QB).
Acting for, and representing in Court, the claimant in a claim involving alleged breaches of the Data Protection Act 1998 and the resulting effect on their employment.

Insurance & reinsurance

Helen’s practice covers all aspects of insurance and reinsurance, including Bermuda Form arbitrations and claims arising out of the COVID-19 pandemic (specifically, business interruption disputes). She has particular experience in claims relating to marine insurance, and her recent cases include:

Acting for an insurer (led by Jeffrey Gruder KC, Ben Lynch KC, David Peters, and with Daniel Schwennicke) in claims totalling over USD4.5bn brought by lessors of Russian aircraft following Russia’s invasion of Ukraine in 2022.
Acting for various policyholders in claims for business interruption following the COVID-19 pandemic, including claims connected to the business interruption test cases being heard in early November 2023.
Acting for an insurer (led by David Scorey KC) in relation to a number of policies, including ‘Bermuda form’ policies in the context of the US opioid litigation.
Advising policyholders in respect of a claim for business interruption following the COVID-19 pandemic.
Korean Reinsurance Company v XL Insurance Company (“The Stellar Banner”): Helen was instructed, led by Steven Berry KC, on behalf of the claimant, an insurer, against two of its retrocessionaires in respect of losses under policies of marine insurance and reinsurance, including a constructive total loss.
Kareem v Amlin: Helen was instructed on behalf of the defendant in respect of claims made in respect of a policy of marine insurance relating to damage to a port breakwater.

Helen delivers a variety of talks in the insurance sphere including ‘Introduction to the Bermuda Form’ with David Scorey KC, ‘The Stonegate Judgment and its impact on Business Interruption’, and ‘The Insurance Act: Where are we now?’.

Shipping & admiralty

Helen’s practice covers all aspects of shipping, shipbuilding and international trade disputes, with particular experience of cargo claims involving the application of the Hague/Hague-Visby Rules.

Examples of cases in which Helen has been instructed include the following:

Fimbank Plc v KCH Shipping Co Ltd [2023] EWCA Civ 569: acting as junior counsel, led by Christopher Smith KC, in a claim for misdelivery of goods for the claimant bank against the charterer of the vessel, which involved whether or not the Hague/Hague-Visby Rules Article III rule 6 time bar applies to misdelivery post-discharge. Judgment on the claimant’s appeal to the Court of Appeal was handed down on 24 May 2023.
Acting for the claimant bank in two further arbitrations concerning the mis-delivery of goods dispute against the charterer or owner of the relevant vessel. Helen is led by Steven Berry KC and Nigel Eaton KC respectively.
Acted in an LMAA Arbitration concerning agency agreements in respect of drilling contracts which involved claims of alleged breach of fiduciary duty. Helen was led by Stephen Houseman KC.
Acted in an LMAA arbitration involving claims and counterclaims arising from 10 shipbuilding contracts. Helen was led by Richard Jacobs KC.
Advised as sole counsel on the merits of a demurrage claim in the context of a voyage charter.

Career

2014 Tenant at Essex Court Chambers, following completion of Pupillage with Nathan Pillow

2013-2014 Pupillage, Essex Court Chambers

Education

2012-2013 BCL, St Edmund Hall, University of Oxford (Distinction: Conflict of Laws, Restitution of Unjust Enrichment, Principles of Civil Procedure and European Business Regulation)

2011-2012 BPTC, BPP Law School (Outstanding)

2008-2011 Law (Jurisprudence) BA, St Edmund Hall, University of Oxford (First Class, ranked sixth in the year, joint first in Tort Law Finals Exam)

Awards

2012-2013 Freshfields Bruckhaus Deringer Scholarship

University of Oxford Faculty of Law Graduate Scholarship

St Edmund Hall Scholarship

2011-2012 Inner Temple Exhibition Award

2011 Martin Wronker Prize: Highest Academic Achievement in the Tort Law Final Exam

2011 St Edmund Hall Scholarship