Date of Birth: 1964Date of Call: 1989
Languages: French (working knowledge)
General Information
BA (Oxon) 1st Class.
Practice
Gavin Geary practises in most areas of commercial law, specialising in marine and non-marine insurance and reinsurance (including Lloyd's), international trade disputes, shipping and carriage of goods by sea and land. Some recent reported cases in these areas are mentioned below.
Apart from frequent arbitrations, unreported matters of interest include acting for Names in the Lloyd's Long Tail litigation (Wellington); for insurers in a long political risk insurance trial relating to theft/expropriation of land in an African insurrection/civil war context (Yona v LRF); in a substantial Commercial Court action involving the financing and operation of a fleet of "supertrawlers" (Bergen v Dalmoreproduct); and more recently (2003) representing Ince & Co in the $180 million film finance litigation (Hollywood 4&5).
Selected Cases
The Mariana [2005] 1 Lloyd's Rep 640 (Application to set aside arbitration award as obtained by fraud or contrary to public policy; allegations of fresh evidence showing that false evidence had been given at the original hearing)
Heath Lambert v SCORT [2005] 1 Lloyd's Rep 597 (Claims for premium by Lloyd's brokers; limitation and application of S 53 of the Marine Insurance Act)
The Martin P [2004] 1 Lloyd's Rep 389 (Marine Insurance: over-insurance by double insurance. Acted for assured, primarily in relation to allegations of prejudice caused by assured to rights of contribution between insurers)
Glencore v Ryan [2002] 1 Lloyd's Rep 574, [2001] 2 Lloyd's Rep 608 (Acted for Underwriters in a dispute arising from the operation of a long-term open cover)
Cool Carriers and HSBC [2001] 2 Lloyd's Rep 22 (Unusual jurisdiction dispute in the context of interpleader relief)
The Goodpal [2000] 1 Lloyd's Rep 638 (Acted for Owners on an appeal from an arbitration award, dealing with the duties upon Charterers and Owners under the employment and agency clause of the NYPE form)
Callaghan v Hedges [2000] Lloyd's Rep. IR 125 (Acted for underwriters in a case involving questions of waiver, affirmation, and estoppel in relation to non-disclosure defences)
Chapman-v-Kadirga [1998] Lloyds Rep. IR 377 (Acted for brokers in a case relating to their ability to sue insureds for premiums, and the application of section 53(1) of the Marine Insurance Act).
