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Mr Gavin Kealey Q.C.
 
Gavin Kealey QC
Gavin KealeyDate of Birth: 1953
Date of Call: 1977
Silk Date: 1994
Languages: French (very good)

General Information

  • BA (Jurisprudence) University College, Oxford. 1st Class. 
  • Fletcher Scholar.
  • Lecturer in Laws, King’s College, London University 1976-7. 
  • Assistant Recorder 1999. 
  • Recorder (Crown Court Judge) 2000 to date.
  • Deputy High Court Judge of the Queen's Bench Division of the High Court, Commercial Court.
  • Head of Chambers.
  • Member of the LCIA, ICC Arbitrator.
  • "Chambers and Partners" Insurance Q.C. of the year 2005.
  • Director of the Bar Mutual Indemnity Fund Ltd.

Practice
Gavin Kealey specialises in all areas of commercial law and specifically in contentious litigation in court and international arbitrations - with particular emphasis on contractual disputes of all kinds, insurance/reinsurance, financial services and banking, commercial fraud, conflicts of laws, sports law, shipping and oil and gas, corporate/share valuations, and professional negligence.  He also regularly accepts appointments as arbitrator.  As a result of his considerable international arbitration practice, he is familiar with New York, French, Colombian and Mexican law of contract and insurance.  He speaks very good French.  His many appearances as counsel in court and in arbitrations abroad include the Bahamas, the Cayman Islands, Bermuda, France, Holland and the US.  He is accustomed to giving expert evidence on English law, and he has given expert evidence in both Federal and State courts of the US by affidavit and by oral deposition, and also in France and Spain. 

Selected Cases
Gavin Kealey's most recent cases cover a wide spectrum of specialist commercial work. They range from: representing successful shareholders in share sale dispute before the Privy Council in its inaugural sittings in Nassau (2006/7), [2007] UKPC 11; representing the Rugby Football Union in its dispute with the Premiership clubs (2005-2006); representing XL in Bermuda (2006-2007); representing private Investors in bank fraud trial v HSBC (2006);  representing EDF in the High Court in its employment contract dispute with its former CEO (Sept 2005); acting for Pictet Bank (Geneva and Nassau) in two month trial in the Bahamas (2005) in Trust/Banking litigation; representing BAR in BAR v Jenson Button and Williams Racing (to retain the services of Jenson Button for 2005 in Formula One - arbitration before the Formula One Contract Recognition Board in Paris, Milan and Geneva); to acting for Warner Chappell in Warner Chappell v Michael Bolton (before the Commercial court concerning the infringement of copyright by U.S. singer/songwriter and rights of subrogation between co-assureds).

They also notably include Lumbermens v Bovis [2005] LRIR 74 (impact and enforceability of global settlements in liability insurance and reinsurance), Renault v Volvo (international arbitration sitting in Paris/Amsterdam concerning company/share acquisitions), Wise v Grupo Nacional Provincial [2004] 1 All ER (Comm) 49 (affirmation/waiver), Dornoch Ltd v Mauritius Commercial Bank Ltd [2006] 2 Lloyd's Rep 475 (conflict of laws in relation to tort and contract), Talbot v Nausch Hogan & Murray Inc [2006] 2 Lloyd's Rep 195 (undisclosed principals in insurance contracts), National Westminster Bank PLC v Bilgin [2004] EWHC 2372 (piercing corporate veil, nominees & resulting trusts - sitting as a High Court Judge), Assicurazioni Generali v CGU [2003] LRIR 725 (leading case on follow settlements clauses - sitting as a High Court judge, affirmed by the Court of Appeal). Other recent cases include:

  • Commercial Court: Leading for International Bank in Credit default swaps litigation (2008)
  • International arbitration: Leading for Mexican aviation insurers against US airline, Oct-Dec 2007.
  • International arbitrations in Bermuda acting (1) for US Pharmaceutical assured's captive; (2) against US motor manufacturer's captive: 2007.
  • ICC arbitration: Leading for Columbian insurers against international reinsurers, September 2006. 
  • Commercial Court trial leading for international insurers in case concerning the insurance of a manufacturer's historical asbestos exposure in £166.6 million claim vs insurers and brokers.  
  • Arbitration for insurers on World Trade Center coverage dispute.
  • 3 week arbitration concerning silicone gel breast implant claims in the U.S.
  • Paris arbitration concerning equity swap agreements governed by English law and merger/demerger of European supermarket chains.
  • 5 week reinsurance/brokers' negligence trial in the Commercial Court (Gross J.) leading for reinsured.
  • 4 week international arbitration leading for US/Indonesian insureds against English/Continental insurers.
  • Film finance insurance trial (leading for insurers) in Commercial Court (Langley J.), London.
  • 3 month insurance/reinsurance arbitration in Bermuda concerning illegal applications of pesticides in the USA.
  • Completion of 3 month arbitration in London (begun in 2000) concerning contracts for the sale of oil rigs.
  • International arbitration (Paris/London, co-counsel French avocats) concerning merger and demerger of U.S. and French advertising agencies, share valuations, company valuations.
  • HLB Kidsons v Lloyd's [2008] EWCA Civ 1206 & [2007] EWHC 1951 & [2007] EWHC 2699 (Court of Appeal & Commercial Court). 2 month trial leading for Professional Indemnity Underwriters.
  • Limit (No 2) v AXA [2008] EWCA Civ 1231 (Court of Appeal).  Leading for reinsured against avoiding reinsurers: continuing representations.
  • Bedfordshire Police Authority v Syndicate 386 [2008] EWHC 1375 (Commercial Court).  Leading for public liability insurers in claim concerning Riot Damage Act liabilities.
  • Golden Fleece Maritime v St Shipping [2008] EWCA Civ (Court of Appeal). Leading for shipowners in claim against time charterers concerning effect of change of International Regulations on Shipowners’ obligations under Shelltime 4 form.
  • Petroleum Oil & Gas Corp. of South Africa v FR8 [2008] EWHC 2480 (Commercial Court, Steel J.).  Leading for Shipowners in claim under Shelltime 4 form.
  • Travelers v Sun Life [2006] EWHC 2716, [2006] EWHC 2885 (Commercial Court, Clarke J.) Leading for insureds in claim under professional indemnity insurance.
  • Tonicstar v American Home [2005] LRIR 32 (Commercial Court, Morison J.) anti-suit and anti-anti-suit injunctions and conflicts of laws.
  • Travelers Casualty V Sun Life [2004] LRIR 846 (Commercial Court) Jurisdiction, conflict of laws.
  • Sun Life Assurance Co. of Canada v CX Reinsurance Co. Ltd [2004] LRIR 58 (Court of Appeal). (Appeal concerning formation of contract, incorporation of terms, existence of arbitration agreement).
  • Kingscroft Ins. Co. Ltd. & Walbrook Ins. Co. Ltd & others v The Nissan Fire & Marine Insurance Company Limited (Commercial Court Moore-Bick J.) [1999] L.R.L.R. 603 (Leading for reinsureds in trial involving reinsurance pools, retention clauses in quota share contracts, non-disclosure and misrepresentations).
  • J. Rothschild Assurance PLC v John Collyear (on behalf of underwriters at Lloyd’s) (Commercial Court Rix J.) [1999] 1 L.R.L.R 6 (Leading for professional liability insurers in trial against financial services insured involved in pensions mis-selling).
  • Kumar v AGF Insurance (Commercial Court, Thomas J.) [1999] 1 W.L.R. 1747 (Leading for professional indemnity insurers against insured solicitor in case involving interpretation of clauses permitting claims for indemnity against legal liability by non-fraudulent partners in circumstances where the fraud of the culpable partner amounted also to a breach of warranty).
  • Denby v English & Scottish Maritime Insurance Co. Ltd., & Yasuda Fire and Marine Company of Europe Ltd. v Lloyd’s Underwriting Syndicates 209, 356 and others (Court of Appeal) [1998] L.RL.R. 343. (Leading for Lloyd’s Syndicates (reinsurers) in the leading case on the construction of aggregate extension clauses in reinsurance contracts).
  • Den Danske Bank A/S, Nomura Bank, Bank of Tokyo v. Skipton Building Society, Economic Ins. Co. Ltd. and Kleinwort Benson Ltd. (Commercial Court, Thomas J.) judgment December 1997: Leading for defendants against all other parties in 2 month trial in the Commercial Court: loan portfolio transfers, construction of lending criteria, bank Broking Deeds and assignments, application of insurance terms, breaches of contract).
  • Sumitomo Bank, Sanwa Bank, Arab Bank v. Banque Bruxelles Lambert [1997] 1 Lloyd’s Rep. 487 (Leading for syndicate of Banks in trial against Agent Bank: Duties of care owed by agent bank to syndicate of banks, misrepresentation and duties in the context of commercial property lending and mortgage indemnity insurance policies, the syndication of credit risks, the construction of Loan Agreements).
  • Glencore International A.G. (Marc Rich & Co. A.G.) v Portman and others (Court of Appeal) [1997] 1 Lloyd's Rep. 225. (Leading for (Glencore) the insured in marine insurance trial and in the Court of Appeal against Lloyd's underwriters: issues of utmost good faith, waiver, constructive knowledge of underwriters).
  • Tharros Shipping Co. v. Bias Shipping Co. [1997] 1 Lloyd’s Rep. 426 (Leading for non-party at first instance and in the Court of Appeal on issue of liability of a non-party for costs.) (See also Pendennis Shipyard v Magrathea [1998] 1 Lloyd’s Rep. 315).
  • DR Insurance v. Central National Ins. [1996] 1 Lloyd’s Rep. 74. (Leading on issues of Private International law, Jurisdiction, Proper law, illegality).

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