Professional practice

C&P 2024Leading Silk

Philippa has a broad and varied commercial dispute resolution practice. She acts and advises both in court proceedings and in arbitration, and has appeared before a wide variety of courts (including the Court of Appeal) and arbitration tribunals. Philippa has extensive experience of heavy and complex cases in the Commercial Court and in arbitration, and of applications for interim relief. Her work is largely international in nature, often involving complex private international law issues. She has a particular interest and expertise in shipping matters.

Recognised annually by the leading legal directories, clients currently describe Philippa as “an outstanding analytical lawyer, a great advocate who never stands on ceremony” with “a lovely style of advocacy – very persuasive”, and “overall a pleasure to work with and excellent with clients”.

As well as her advocacy and advisory work, Philippa sits regularly as an arbitrator. Philippa was appointed as Queen’s Counsel in February 2018.

 

What others say

Chambers & Partners UK Bar 2024, International Arbitration: General Commercial & Insurance:

“Philippa is a pleasure to work with.”

Chambers & Partners UK Bar 2024, Insurance:

“Philippa Hopkins is excellent. She is very bright and focused, and she makes good submissions and is an excellent advocate.”

Legal 500 UK Bar 2024, Commodities:

‘Philippa is exceptionally intelligent and has the ability to express this with concision and clarity.’

Legal 500 UK Bar 2024, Energy:

‘Philippa is very impressive in cross-examination and is often the power behind the scenes in the running of big cases.’

Legal 500 UK Bar 2024, Shipping:

‘Philippa is exceptionally intelligent and has the ability to express this with concision and clarity. She has an excellent grasp of the legal aspects of the disputes we work on. She is a powerful advocate and well prepared.’

Chambers & Partners UK Bar 2023, Shipping & Commodities:

“She is brilliantly intelligent and very prominent in the Bar.” “Philippa has an absolutely stellar, high-quality practice.” “Philippa helps clients get to where they need to be in a case.”

Chambers & Partners UK Bar 2023, International Arbitration: General Commercial & Insurance:

“She assimilates complex bodies of information quickly and is very effective as an advocate.” “Philippa is an outstanding analytical lawyer, a great advocate who never stands on ceremony.” 

Chambers & Partners UK Bar 2023, Insurance:

“She is down to earth, and clever with vital common sense in problem solving.” “She is always a very solid, safe pair of hands.”  “Philippa has a lovely style of advocacy – very persuasive.”

Chambers & Partners UK Bar 2023, Shipping & Commodities:

“In my view Philippa is the best KC in the business for big-ticket shipping disputes.”

Legal 500 UK Bar 2023, Commercial Litigation:

“She has a great capacity for absorbing detail while keeping the big picture in mind. She is use-friendly, responsive and extremely bright. A persuasive and credible advocate. Overall a pleasure to work with, and excellent with clients.”

Legal 500 UK Bar 2023, Commodities:

“She has a pragmatic, clear, straightforward and calm approach that very quickly sorts out the wood from the trees, and a compelling, focused and persuasive manner.”

Legal 500 UK Bar 2023, Energy and Natural Resources:

“She has a pragmatic, clear, straightforward and calm approach but will never leave a weakness unexposed, and she is a relentless cross-examiner of experts.”

Legal 500 UK Bar 2023, Insurance:

“Excellent at marine insurance coverage work.  A real specialist who knows the law inside out and applies it in a practical way.”

Legal 500 UK Bar 2023, International Arbitration: General:

“Pragmatic, clear, straightforward and calm approach that very quickly sorts out  the wood from the trees  and is very easy to work with. Extremely responsive. Excellent at cross-examination, has a manner with witnesses that the court finds compelling, focused and persuasive.”

Legal 500 UK Bar 2023, Shipping:

“A well-prepared and convincing advocate, managing to distil and convey her knowledge and grasp of the facts with consummate authority.”

Chambers & Partners UK Bar 2022, Insurance:

“Philippa is a very bright advocate.” “She is down to earth and clever, with a common-sense approach to problem solving.”

Chambers & Partners UK Bar 2022, International Arbitration: General Commercial & Insurance:

“Her attention to detail and quality of analysis is impressive.” “She is fantastic with clients and extremely bright.” “She thinks strategically and she’s incredibly responsive.”

Chambers & Partners UK Bar 2022, Shipping & Commodities:

“Philippa is methodical in her approach and very thorough.” “She is efficient and understands the critical issues.”

Legal 500 UK Bar 2022, Commodities:

“Very hands-on and approachable, she is a source of commercial and pragmatic advice.”

Legal 500 UK Bar 2022, Energy & Natural Resources:

“She is an excellent cross-examiner, and her advice is clear and to the point.”

Legal 500 UK Bar 2022, Insurance:

“Highly intelligent and with great knowledge of her field, allied with a practical and down-to-earth application of what will work. A real pleasure to work with, she always adds value, while both managing expectations and getting the best possible result..”

Legal 500 UK Bar 2022, Shipping:

“Very bright and user-friendly. A good advocate.”

Legal 500 UK Bar 2022, International Arbitration:

“Extremely impressive – she is very hands-on and approachable, and gives very commercial and pragmatic advice. She also has a very good advocacy style which is very engaging with the arbitrators.”

Legal 500 UK Bar 2021, Commodities:

“She provides clear, focused advice of the highest quality and is also excellent at strategy.”

Legal 500 UK Bar 2021, Energy & Natural Resources:

“She is one of the brightest QCs and is extremely quick on the uptake, providing clear, focused advice of the highest quality.”

Chambers & Partners UK Bar 2021, Insurance:

“She’s extremely proficient and a tough opponent as she is well prepared and will have done all the checks and digging that’s needed.”

“She’s very responsive, efficient and her work quality is excellent.”

“She has a really strong and developing insurance practice.”

Chambers & Partners UK Bar 2021, International Arbitration: General Commercial & Insurance:

“An absolutely brilliant performer. She’s clear, tough, effective, and her cross-examination is first class.”

Chambers & Partners UK Bar 2021, Shipping & Commodities:

“She is incisive, quick and good with clients.”

Chambers UK Bar 2020, Shipping and Commodities:

“She has an excellent legal brain and an academic approach.”

“She is exceptionally quick and intellectually strong.”

“She’s able to deal with serious and complex submissions with refreshing humour.”

Chambers UK Bar 2020, International Arbitration: General Commercial & Insurance

“An absolutely superb tactician and advocate.”

“She is very good on her feet in terms of her delivery and reading the judge and she prepares so carefully.” 

Chambers UK Bar 2020, Insurance:

“A fluent, measured advocate.”

“A very clear and logical thinker.”

“A Hopkins pleading is a joy to read.”

Legal 500 2020, Shipping:

 “Very clever and thoughtful.”

Legal 500 2020, Insurance:

She is noted for her clarity of thought in complex matters.

Legal 500 2019, Commodities:

“Thorough and persuasive.”

Chambers UK Bar 2019, Shipping and Commodities:

“Brilliant. Intelligent, strategic and thorough.”

“Experienced, persuasive, knowledgeable and well prepared.”

Chambers UK Bar 2019, Insurance:

“Extremely bright and very responsive.”

“Very experienced and very capable.

Legal 500 2019, Shipping:

“She has an unparalleled hunger for knowledge and a superb ability to uncover case-law.”

Legal 500 2019, Insurance:

“Always creative in her approach, resourceful and highly effective.”

Legal 500 2019, Commodities:

“Having been a strong senior junior in commodities and shipping, she is set to continue building her reputation as a QC.”

Chambers UK Bar 2018, Shipping and Commodities:

“Extremely hard-working, which, combined with her extremely high intellect, makes for a powerful mix. For cases with high factual and legal complexity, Philippa should be first choice. She is a highly capable and dependable member of the team.”

“Quick, reliable and responsive.”

Chambers UK Bar 2018, Insurance:

“Down to earth, clever and someone who shows vital common sense when problem solving”

Examples of recent cases

Examples of current and recent cases include the following:

  • Philippa is acting for insurers in a marine insurance dispute arising out of a vessel detention in Indonesia, fixed for trial in the Commercial Court in January 2024.
  • Kyla Shipping Co Ltd v. Freight Trading Limited [2022] EWHC 1625 (Comm): forward freight agreements; fraud; limitation.
  • Premier Cruises Ltd v DLA Piper Rus Ltd [2021] EWHC 151 (Comm): application for a stay to arbitration in Russia; Philippa acted for the claimants, successfully resisting the application.
  • TAQA Bratani Ltd. v. RockRose UKCS8 LLC [2020] EWHC 58 (Comm): Philippa acted for the successful claimants in this dispute concerning the removal of an operator under an oil and gas Joint Operating Agrement.
  • Bank Mellat v. HM Treasury: From May 2018 onwards, Philippa acted for Her Majesty’s Treasury in relation to its long-running dispute with Bank Mellat concerning the impact of financial restrictions orders made in 2009-2011 and the Bank’s claim for damages under the Human Rights Act 1998. The case settled just before trial (see also Bank Mellat v HM Treasury [2019] EWCA Civ 449 on disclosure issues).
Arbitration & related court applications

Philippa has been involved in a wide range of domestic and international arbitrations (including ICC and LCIA arbitrations), and in related court applications. She is recommended as a leading practitioner in the field by Chambers and Partners and the Legal 500, and has been shortlisted for the Legal 500 2023 Arbitration Silk of the Year award. Current and recent instructions include:

  • acting for a healthcare company in relation to its purchase of a competing business, in parallel disputes with the seller and with its warranty and indemnity insurers;
  • acting for a sovereign state in a dispute over taxes imposed on a petroleum company;
  • acting for a shipyard in a dispute over the construction of a superyacht;
  • acting for the managing director and co-owner of an investment fund business in relation to a shareholder dispute;
  • acting for a buyer in a commodities dispute relating to the sale and purchase of precious metals;
  • regular instructions in shipbuilding, shipping (see below) commodities and insurance/reinsurance arbitrations.

Philippa has a particular interest in arbitration-related court work, including anti-suit injunctions. Her reported cases in this field include the following:

  • Premier Cruises Ltd v DLA Piper Rus Ltd [2021] EWHC 151 (Comm) (David Edwards, KC.): application for a stay to arbitration in Russia; Philippa acted for the claimants, successfully resisting the application.
  • M v. N [2021] EWHC 360 (Comm) (Foxton, J.): service of arbitration claim form by an alternative method; orders for disclosure of assets against an award debtor.
  • J v. K [2019] 1 Lloyd’s Rep. 323 (Butcher, J.): jurisdiction of arbitrators under hybrid arbitral/expert determination clause in superyacht construction contract.
  • ADM Asia-Pacific Trading PTE Ltd. v. PT Budi Semesta Satria [2017] Lloyd’s Rep. Plus 1 (Phillips, J.): anti-suit injunctions, delay.
  • A series of challenges to awards of the International Cotton Association Ltd.: Libero Commodities S.A. v. Alexandre Augustin [2015] 2 Lloyd’s Rep. 372 (C. Butcher, Q.C.); A. Ltd. v. B. Ltd. [2015] EWHC 137 (Comm.) (Phillips, J.) and [2014] 2 Lloyd’s Rep. 393 (Andrew Smith, J.), Cottonex Anstalt v. Patriot Spinning Mills Ltd. [2014] 1 Lloyd’s Rep. 615 (Hamblen, J.), Dunavant Enterprises Inc. v. Olympia Spinning and Weaving Mills Ltd. [2011] 2 Lloyd’s Rep. 619 (Burton, J.).
  • Caspian Oil Resources Ltd. v. Naftiran Intertrade Co. (NICO) Ltd. [2015] EWHC 4252 (Comm) (Knowles, J.): application to vary judgment entered under s. 66 Arbitration Act 1996; interest on foreign currency judgments.
  • UR Power GmbH v. Kuok Oils & Grains Pte Ltd. [2009] 2 Lloyd’s Rep 495 (Gross, J.): FOSFA arbitrations; severability of arbitration agreements; time limits applicable to 2‑tier arbitrations.
  • Nisshin Shipping Co Ltd v. Cleaves & Co Ltd & Ors [2004] 1 Lloyd’s Rep 38 (Colman, J.), relating to the arbitration provisions of the Contracts (Rights of Third Parties) Act 1999.
  • CMA CGM S.A. v. Beteiligungs-kommanditgesellschaft MS Northern Pioneer Schiffahrtgesellschaft Mbh & Co & Ors [2003] 1 WLR 1015 (CA), in which the Court of Appeal considered the principles governing the seeking of permission to appeal from arbitration awards under the Arbitration Act 1996.

Philippa also regularly acts as an arbitrator. She accepts appointments under the auspices of the ICC, the LCIA, ARIAS and the LMAA, as well as in ad hoc arbitrations. She sits both as a sole arbitrator and as part of a panel. Recent/current appointments include the following:

  • Sole arbitrator in an ad hoc arbitration relating to the theft of sugar from a warehouse;
  • Chair of an LCIA tribunal in a dispute involving a long term coal sale contract;
  • Sole arbitrator in an ICC arbitration between a Government department in a Gulf state and a supplier in relation to power generation equipment;
  • Party-appointed arbitrator in an UNCITRAL arbitration relating to a contract of indemnity in the petrochemical industry;
  • Chair of an ICC tribunal in a dispute relating to the supply of commodities in Iran;
  • Sole arbitrator in an ICC arbitration relating to a supply contract in the alternative energy industry;
  • Party-appointed arbitrator in an LMAA arbitration relating to the charter of a luxury yacht;
  • Party appointed arbitrator in an LCIA arbitration relating to the purchase of shares of an Eastern European company.
Aviation

Philippa frequently accepts instructions in contractual aviation disputes, including disputes relating to the lease and charter of aircraft, acting mainly (but not exclusively) for airlines and for their insurers. She acted for Air India in a long-running arbitration relating to wet-leased aircraft and acted for an Italian aircraft leasing company in Aircraft Purchase Fleet Ltd v. Compania Aeria Alitalia SpA [2019] EWHC 567 (Comm) (Phillips, J.).

Banking & financial services

Notable cases include:

  • Bank Mellat v. HM Treasury: From May 2018 onwards, Philippa acted for Her Majesty’s Treasury in relation to its long-running dispute with Bank Mellat concerning the impact of financial restrictions orders made in 2009-2011 and the Bank’s claim for damages under the Human Rights Act 1998. The case settled just before trial (see also Bank Mellat v. HM Treasury [2019] EWCA Civ 449 on disclosure issues).
  • Royal Bank of Scotland plc v. Highland Capital Partners LP [2012] EWHC 1278 (Comm) (Burton, J. – setting aside of anti-suit injunction for want of clean hands by applicant).
  • Uzinterimpex JSC v. Standard Bank plc [2008] 2 Lloyd’s Rep. 456 (CA) (mitigation in the context of conversion, standard of knowledge in context of a knowing receipt claim).
Commercial dispute resolution

Philippa acts and advises in a wide range of general commercial disputes (see also Arbitration, above). Her practice includes injunctive work, including freezing orders and anti-suit injunctions, and commercial fraud. She has experience of dealing with public international law issues, such as state immunity, in the context of commercial litigation. She regularly acts in disputes involving both domestic and international sales of goods, and has been involved in a number of disputes concerning the sale and supply of computer software. She is ranked in this field as a leading practitioner by the Legal 500. Amongst her reported cases are:

  • Kyla Shipping Co Ltd v. Freight Trading Limited [2022] EWHC 1625 (Comm): forward freight agreements; fraud; limitation.
  • Premier Cruises Ltd v DLA Piper Rus Ltd [2021] EWHC 151 (Comm) (David Edwards KC): application for a stay to arbitration in Russia; professional negligence.
  • Griffin Underwriting Ltd v. Varouxakis [2021] EWHC 226 (Comm) (Calver, J.): freezing injunctions.
  • TAQA Bratani Ltd. v. RockRose UKCS8 LLC [2020] EWHC 58 (Comm): oil and gas; Joint Operating Agrements.
  • Bank Mellat v. HM Treasury [2019] EWCA Civ 449 (CA): issues of disclosure and illegality under foreign law; part of this long-running dispute in which Philippa acted for HM Treasury from May 2018 onwards.
  • Aircraft Purchase Fleet Ltd v. Compania Aeria Alitalia SpA [2019] EWHC 567 (Comm) (Phillips, J.): termination of aircraft leasing framework agreement.
  • Pan Oceanic Chartering Ltd. v. UNIPEC UK Co. Ltd. [2017] 2 All E.R. (Comm) 196 (Carr, J.): successfully defended claim by shipbroker for damages in tort arising from long-term COA.
  • ADM Asia-Pacific Trading PTE Ltd. v. PT Budi Semesta Satria [2017] Lloyd’s Rep. Plus 1 (Phillips, J.): anti-suit injunctions, delay.
  • Euroil Ltd. v. Cameroon Offshore Petroleum SARL [2014] EWHC 52 (Comm), [2014] EWHC 215 (Comm) (Males, J.): setting aside of injunction relating to performance of joint operating agreement for Cameroon gas field.
  • Royal Bank of Scotland plc v. Highland Capital Partners LP [2012] EWHC 1278 (Comm) (Burton, J. – setting aside of anti-suit injunction for want of clean hands by applicant).
  • GB Gas Holdings Ltd. v. Accenture UK Ltd. [2010] EWCA Civ 912 (Field, J and CA): Philippa acted as the junior for Accenture in this high-profile and long-running commercial dispute.
  • Cooper Tire & Rubber Co. Europe Ltd. v. Dow Deutschland Inc. [2010] EWCA Civ 864 (CA): claim for damages arising from illegal cartel in the synthetic rubber industry; jurisdictional dispute.
  • Statoil ASA v. Louis Dreyfus Energy Services LP (TheHarriette N”) (Aikens, J.) [2008] 2 Lloyd’s Rep 685: contract formation, unilateral mistake.
  • Kensington International Ltd. v. Republic of Congo [2008] 1 Lloyd’s Rep. 161 (CA): privilege against self-incrimination, application of Fraud Act 2006.
  • The “Laemthong Glory” (No. 2) [2005] 1 Lloyd’s Rep 668 (CA): Contracts (Rights of Third Parties) Act 1999; letters of indemnity.
  • The “Laemthong Glory” (No. 1) [2005] 1 Lloyd’s Rep 100 (Colman, J.): principles governing renewed applications for injunctive relief.
  • Nisshin Shipping Co Ltd v Cleaves & Co Ltd & Ors [2004] 1 Lloyd’s Rep 38 (Colman, J.): the first case on the Contracts (Rights of Third Parties Act) 1999 to come before the courts.
  • Molestina v. Ponton [2002] 1 Lloyd’s Rep 271: appropriate test for summary judgment (Colman, J.).
  • Lonrho v. Export Credits Guarantee Department [1999] Ch 158 (Lightman, J.): character of Crown receipts under international treaty.
Conflict of laws & private international law

This is a particular interest. Philippa advises regularly in relation to conflicts of law issues, especially jurisdictional issues, including anti-suit injunctions. Reported cases in this field include:

  • Premier Cruises Ltd v DLA Piper Rus Ltd [2021] EWHC 151 (Comm) (David Edwards KC): application for a stay to arbitration in Russia; case management stays and the Recast Regulation.
  • Griffin Underwriting Ltd v. Varouxakis [2019] 1 W.L.R. 2529 (Males, J.): jurisdiction under Recast Regulation in relation to tort claim by marine insurers against principal of assured.
  • ADM Asia-Pacific Trading PTE Ltd. v. PT Budi Semesta Satria [2017] Lloyd’s Rep. Plus 1 (Phillips, J.): anti-suit injunctions, delay.
  • Royal Bank of Scotland plc v. Highland Capital Partners LP [2012] EWHC 1278 (Comm) (Burton, J. (see above).
  • Cooper Tire & Rubber Co. Europe Ltd. v. Dow Deutschland Inc. [2010] EWCA Civ 864 (Teare, J. and CA) (see above).
  • Cavell USA Inc v. Seaton Insurance Co. [2009] EWCA Civ 1363 (Gross, J. and CA) (see above).
Energy & natural resources

Philippa is recommended in this area by the Legal 500.  She is familiar with, and has advised in relation to, a wide variety of upstream and downstream oil and gas contracts, as well as contracts for the hire/charter of drilling rigs, FSPOs and support vessels. Recent and reported cases include:

  •  TAQA Bratani Ltd. v. RockRose UKCS8 LLC [2020] EWHC 58 (Comm): Philippa acted for the successful claimants in this dispute concerning the removal of an operator under an oil and gas Joint Operating Agrement.
  • Euroil Ltd. v. Cameroon Offshore Petroleum SARL [2014] EWHC 52 (Comm): Injunctive relief in relation to West African production sharing contract.
Insurance & reinsurance

Philippa is recommended in this field by Chambers UK and by the Legal 500. She appears in a wide variety of marine and non-marine insurance and reinsurance disputes, both in court and arbitration. Philippa is one of the editors of Arnould’s Law of Marine Insurance and Average. Reported cases include:

  • Griffin Underwriting Ltd v. Varouxakis [2019] 1 W.L.R. 2529 (Males, J.): jurisdiction under Recast Regulation in relation to tort claim by marine insurers against principal of assured; [2021] EWHC 226 (Comm) (Calver, J.) (freezing injunction in support of judgment).
  • ProSight Global Inc v. Randall & Quilter Holdings II Ltd. [2021] EWHC 228 (Comm) (Simon Rainey Q.C.): insurance and reinsurance companies in run-off; Funds At Lloyd’s.
  • Cruise & Maritime Services International Ltd. v. Navigators Underwriting Agency Ltd.: TheMarco Polo [2017] 1 Lloyd’s Rep. 575 (Knowles, J.): charterers’ liability insurance; issues relating to Athens Convention.
  • Atlas Navios-Navegação Lda v. Navigators Insurance Co.: The “B Atlantic” [2012] 1 Lloyd’s Rep. 629 (Hamblen, J.): operation of exceptions in marine war risks insurance.
  • Cavell USA Inc v. Seaton Insurance Co. [2009] EWCA Civ 1363 (Gross, J. and CA): construction of settlement agreement related to run-off management dispute.
  • Coromin Ltd. v. Axa Re [2007] EWHC 2818 (Cooke, J.): reinsurance of contractors’ combined insurance policy.
  • Carvill America Inc. v. Camperdown UK Ltd. [2005] 2 Lloyd’s Rep 457 (CA): brokers’ commission dispute.
  • The “Kleovoulos of Rhodes” [2003] 1 Lloyd’s Rep 138 (CA): operation of exceptions in policies of marine war risks insurance.
  • Mander v. Equitas Ltd. [2000] Lloyd’s Rep. IR 420: construction of Equitas reinsurance contract.
  • Eide U.K. Ltd. v. Lowndes Lambert Group Ltd. [1999] Q.B. 199 (CA): marine insurance broker’s lien on policy.
  • Lancashire County Council v. Municipal Mutual Insurance Ltd. [1997] QB 897 (CA): liability insurance and awards of exemplary damages.
International trade, transport & commodities

Philippa is recommended as a leading practitioner in this field by both Chambers and Partners and the Legal 500. She acts and advises regularly in relation to disputes concerning international sales of goods (including letters of credit). She acts and advises in proceedings in court and arbitration, including trade arbitrations (e.g. GAFTA, FOSFA) and has appeared before both the FOSFA and GAFTA Boards of Appeal. Reported cases include:

  • M v. N [2021] EWHC 360 (Comm) (Foxton, J.): service of arbitration claim form by an alternative method; orders for disclosure of assets against an award debtor.
  • ADM Asia-Pacific Trading PTE Ltd. v. PT Budi Semesta Satria [2017] Lloyd’s Rep. Plus 1 (Phillips, J.): anti-suit injunctions; competing claims in Indonesia and FOSFA arbitration.
  • A series of challenges to awards of the International Cotton Association Ltd.: Libero Commodities S.A. v. Alexandre Augustin [2015] 2 Lloyd’s Rep. 372 (C. Butcher, Q.C.); A. Ltd. v. B. Ltd. [2015] EWHC 137 (Comm.) (Phillips, J.) and [2014] 2 Lloyd’s Rep. 393 (Andrew Smith, J.), Cottonex Anstalt v. Patriot Spinning Mills Ltd. [2014] 1 Lloyd’s Rep. 615 (Hamblen, J.), Dunavant Enterprises Inc. v. Olympia Spinning and Weaving Mills Ltd. [2011] 2 Lloyd’s Rep. 619 (Burton, J.).
  • UR Power GmbH v. Kuok Oils & Grains Pte Ltd. [2009] 2 Lloyd’s Rep 495 (Gross, J.): FOSFA arbitrations; severability of arbitration agreements; time limits applicable to 2‑tier arbitrations.
Media, art, entertainment

Philippa has considerable experience in this field. Instructions have included:

  • acting for a French TV channel in a dispute relating to a joint venture for activities in a different EU state;
  • acting for an art collector in relation to claims advanced by and against a prominent dealer;
  • acting for a well-known TV channel in dispute with a sales house over an airtime sales agreement;
  • representing the owners of modern art destroyed in a London warehouse fire; acting for a literary agent in a contractual dispute with a rival agency;
  • representing a London auction house holding artefacts the subject of a title dispute.
Professional negligence

Philippa is regularly asked to advise in connection with, in particular, solicitors’ negligence and insurance brokers’ negligence claims. She is currently acting for a shipowning company in connection with claims against its former solicitors: see Premier Cruises Ltd v DLA Piper Rus Ltd [2021] EWHC 151 (Comm) (David Edwards, KC).  She was the junior counsel for the successful underwriters at the trial in Aneco Reinsurance Underwriting Ltd. v. Johnson & Higgins Ltd. [1998] 1 Lloyd’s Rep 565. Philippa acted recently for former clients of a major City firm in relation to professional negligence claims arising out of advice given in a ship finance context.

Shipping & admiralty

This is one of Philippa’s core practice areas. She is recognized by Chambers and Partners and the Legal 500 as a leading silk in this area. Reported cases include:

  • Kyla Shipping Co Ltd v. Freight Trading Limited [2022] EWHC 1625 (Comm): forward freight agreements; fraud; limitation;
  • m.v. “VASCO DA GAMA”, m.v. “COLUMBUS” [[2021] EWHC 113 (Admlty) (port charges; sale of vessels).  Philippa acts for a number of in rem claimants in these ongoing Admiralty proceedings;
  • J v. K [2019] 1 Lloyd’s Rep. 323 (Butcher, J.): jurisdiction of arbitrators under hybrid arbitral/expert determination clause in superyacht construction contract;
  • Pan Oceanic Chartering Ltd. v. UNIPEC UK Co. Ltd. [2017] 2 All E.R.196 (Comm) (Carr, J.): successfully defended claim by shipbroker for damages in tort arising from long-term COA;
  • SK Shipping (S) Pte Ltd. v. Petroexport Ltd.: The “Pro Victor” [2010] 2 Lloyd’s Rep 158 (Flaux, J.: repudiation/renunciation of voyage charter);
  • The “Harriette N” [2008] 2 Lloyd’s Rep. 685 (Aikens, J.: contract formation, unilateral mistake, demurrage);
  • The “Laemthong Glory” (No. 2) [2005] 1 Lloyd’s Rep 668 (CA): Contracts (Rights of Third Parties) Act 1999; letters of indemnity;
  • The “Laemthong Glory” (No. 1) [2005] 1 Lloyd’s Rep 100 (Colman, J.): principles governing renewed applications for injunctive relief;
  • Nisshin Shipping Co Ltd v. Cleaves & Co Ltd & Ors [2004] 1 Lloyd’s Rep 38 (Colman, J.): the first case on the Contracts (Rights of Third Parties Act) 1999 to come before the courts; shipbrokers’ commissions;
  • CMA CGM S.A. v Beteiligungs-kommanditgesellschaft MS Northern Pioneer Schiffahrtgesellschaft Mbh & Co & Ors [2003] 1 WLR 1015 (CA): principles governing the seeking of permission to appeal from arbitration awards under the Arbitration Act 1996; time charter; war clauses.

As well as appearing regularly in court on shipping cases, Philippa appears in many LMAA and ad-hoc shipping arbitrations (she is a Supporting Member of the LMAA), and advises in relation to a wide range of bill of lading, charterparty and related disputes. She has considerable experience in dealing with complex technical issues. Recent instructions have included acting in an LMAA arbitration concerning the seizure of a vessel in China; acting in an LMAA arbitration involving issues of compliance with sanctions; representing charterers in a dispute relating to the lengthy detention of a vessel; various cargo damage claims.

Philippa’s shipping practice also includes acting in ship sale and shipbuilding disputes, mostly in arbitration. Recent instructions include acting for a shipyard in relation to a dispute over the construction of a superyacht; acting for buyers in relation to a claim for rescission of an agreement for the sale and purchase of a cruise ship for misrepresentation; a dispute relating to the provision of refund guarantees in a ship sale contract.

 

Career
  • Called to the Bar in 1994 by the Middle Temple.
  • Joined Essex Court Chambers as a pupil in October 1994.
  • Became a tenant at Essex Court Chambers in October 1995.
  • Appointed Queen’s Counsel in February 2018.

Before joining Chambers and whilst undertaking the Bar Vocational Course, Philippa was a law lecturer at Merton College, Oxford from 1993-1994.

As a mother of three sons who has taken career breaks on three occasions, Philippa has a particular interest in equality and diversity both within Chambers and more generally within the profession. Philippa sits on Chambers’ pupillage committee and was involved in the drafting of Chambers’ parental leave policy. She is a mentor on the Bar Council’s Maternity Mentoring Scheme and on Middle Temple’s Talent Retention Scheme She has led an initiative involving several “magic circle” sets aimed at attracting more women to the Commercial Bar, and has spoken on a Junior COMBAR panel about work/life balance.

Philippa is a member of the Commercial Court Users’ Group, the British Insurance Law Association and the London Maritime Arbitrators Association (Supporting Member). She is Secretary of the Commercial Bar Association (COMBAR).

Education

1993  Merton College, Oxford: BCL – Distinction

1992  Merton College, Oxford: BA, Jurisprudence – First Class (ranked joint first in the university)

Awards

1994  Eldon Law Scholarship, awarded annually to the most promising Oxford gradate intending to practise at the Bar

1993  University of Oxford: Martin Wronker Prize (jointly) for the best overall performance in the year in Jurisprudence Final Honour Schools (University final exams)

1991  Middle Temple: Queen Mother’s Scholarship

1990  Merton College, Oxford: Postmastership (scholarship)

Publications

Philippa is a contributing editor to the Arnould’s Law of Marine Insurance and Average (currently in its 20th edition).  She is also the co-author of is the co-author of Colman, Lyon & Hopkins: The Practice and Procedure of the Commercial Court (6th edn.).

Since 2020, she has been a contributing editor to the White Book, responsible for Parts 58 (Commercial Court) and 62 (Arbitration).

Philippa worked as a research assistant at the Law Commission in the summer of 1994. Her work there was published as Parliamentary Procedures and the Law Commission — A Research Study, (Law Commission, November 1994).

Philippa assisted Lord Woolf and Sir William Blair in the preparation and drafting of new legislation for the Qatar Financial Centre, and the establishment of the Qatar Financial Centre Civil and Commercial Court.

Appointments

Philippa is Chancellor of the Diocese of Chelmsford in the Church of England.