Date of Birth: 1964Date of Call: 1987
Silk Date: 2006
Languages: French (basic knowledge)
General Information
1983-1986 St. Catharine's College, Cambridge; First Class Honours in Law.
1986-1987 Inns of Court School of Law; First Class, Lord Scarman Scholarship.
Called to the Bar by Middle Temple in 1987. Silk 2006
Practice
Richard Southern specialises in commercial litigation and arbitration, including shipping, international trade, as well as professional negligence and marine and non marine insurance and reinsurance. He is ranked by Chambers UK 2010 as a leading silk in Shipping and Commodities (“an immensely shrewd tactician”) and by Legal Experts 2009 as an expert in both Commercial Litigation and Shipping. His work is principally advocacy and advisory although he also accepts appointments as an arbitrator and as an independent expert.
As a silk, Richard’s work has included a wide range of litigation and arbitration, of which a small selection includes the following.
Reported cases include:
Commercial: Counsel for Glencore in an oil trading dispute arising out of the repudiation of an FOB contract for the sale of West African Crude oil; the claim was pursued to a successful judgment – Glencore Energy v Transworld Oil [2010] EWHC 141 (Comm). Counsel for an international oil trader in an arbitration claim arising out of crude oil swaps contracts.
Mergers and Acquisitions: Counsel for Glencore as defendant in a breach of warranty claim arising out of a share sale and purchase agreement for the sale of a UK gas retail business; the claim against Glencore was successfully defended – Macquarie v Glencore [2009] EWHC 2267 (Comm). Counsel for the buyers in a breach of warranty claim arising out of the sale of a Russian oil company; the claim was successfully pursued to an award in the London Court of International Arbitration in 2009.
Shipping: Counsel for Classic Maritime in a claim under a contract of affreightment which was alleged to have been frustrated by reason of the worldwide downturn in international trade – Classic Maritime v Lion Diversified Holdings [2009] EWHC 1142 (Comm). Counsel for the buyers of the vessel “Aktor” in an MOA dispute - PT Berlian Laju Tanker v Nuse Shipping [2008] 2 Lloyd's Rep 246. Counsel for the Owners of the “Torm Gertrud” in collision with the “New Flame” which sank off Gibraltar. Richard is currently involved in several shipbuilding disputes for builders and for buyers, a series of COA disputes, a grounding in the Orinoco, and numerous charterparty disputes.
Professional negligence: Counsel for the claimant, a bailee of goods, against its insurance broker; the claim was pursued to a successful judgment - Ramco v Weller Russell & Laws [2009] Lloyd's Rep IR 27. Counsel for Glencore in a claim against insurance brokers JLT in connection with the Metro litigation. Richard is currently involved in several brokers’ negligence actions as well as claims against a firm of solicitors arising out of conveyancing transactions, and surveyors’ negligence claims.
Insurance and Reinsurance: Counsel for the claimant reinsured in a successful summary judgment application - EAIC v Axa [2007] Lloyd's Rep IR 359 and [2007] EWCA Civ 1178; counsel for the claimant in a claim against insurers and brokers on a programme of contract frustration indemnity insurance - ABB Brown Boveri v Hiscox Dedicated [2007] EWHC 1150 (Comm). Richard is currently involved in a claim concerning a steel blast furnace and several fire claims.
Reported cases as a junior include:
Glencore International v Alpina [2004] 1 Lloyd's Rep 111 and [2004] 1 Lloyd's Rep 567 (Marine Insurance, claim for misappropriated oil under open cover).
Aneco Reinsurance Underwriting Ltd v Johnson & Higgins [2002] 1 Lloyd's Rep 157 (House of Lords - professional negligence, insurance broking, quantification of damages)
Lincoln National Life Insurance Co v Employers Reinsurance Corp [2002] Lloyds's Rep I&R 852 (Reinsurance, personal accident carve out cover, jurisdiction).
Glencore International v Exter Shipping Ltd EWCA Civ 524 (Court of Appeal; shipping, misdelivery of oil cargoes, jurisdiction of English court to order anti-suit injunction restraining proceedings in Georgia).
Glencore International v Metro Trading [2001] 1 Lloyd's Rep 284 (Conflict of laws, application of lex situs to property in moveable goods, proprietary effect of bailee blending stored oil)
Lloyd v Popely [2000] 1 BCLC 19 and CA unrep (Court of Appeal); fraud, dispute between promoters over ownership of shares in Hever golf club, and legality of sale agreement under Financial Services Act.
Jordan Grand Prix Ltd v Baltic Insurance Group [1999] 2 A.C. 127 (House of Lords; fraud case, jurisdiction under Brussels Convention of English court to hear counterclaim bought by insurer against defendants domiciled in Ireland).
Dubai Aluminium Co Ltd v Salaam [1999] 1 Lloyd's Rep 415 (Commercial fraud, dishonest receipt, claims for contribution between defendants).
Bouygues Offshore S.A. v Caspian Shipping [1998] 2 Lloyd's Rep 461 (Court of Appeal; conflict of laws, Admiralty jurisdiction, claim against South African port authority).
The "Maule" [1997] 1 W.L.R. 528 (Privy Council; banking, ship mortgage, mortgagee's bank's power of sale).
