Jessica Sutherland

Date of Birth: 1980
Date of Call: 2003

General Information
MA (Cantab): 1^st Class;
LL.M (Cantab): 1^st Class
Norton Rose Prize for highest 1^st in Commercial Law: 2001
Placed 1^st in the year in Commercial Insurance: 2002
Downing College Tripos Prize 1999, 2001, 2002
Senior Harris Scholar
Wright Rogers Scholar
  
Middle Temple Queen Mother Scholar and Harmsworth Entrance Exhibitioner

Practice
Jessica Sutherland specialises in all areas of commercial law, including insurance and reinsurance, shipping, international trade, sale of goods, commercial agreements, professional negligence and private international law.  Jessica has advised and settled pleadings in numerous shipping and insurance matters and appears regularly in the High Court, the County Courts and in arbitration.

Cases in which Jessica has recently been instructed include:

·                Insurance and reinsurance coverage disputes
·                Professional negligence claims against solicitors
·                Charterparty and bill of lading disputes
·                Jurisdiction disputes including obtaining interim and permanent anti suit relief
·                Disputes in relation to the sale, carriage and storage of goods.

In early 2007Jessica spent 3 months on secondment in the insurance and reinsurance department of a leading city firm of solicitors.

More recently Jessica spent a month on secondment in the shipping department of a leading city firm of solicitors.

Selected Cases and Experience
 
2008:
Currently representing Willis (led by Gavin Kealey QC) in respect of substantial claims arising out of the PA LMX and Occupational Accident reinsurance markets in the 1990s.

Currently instructed by the Law Society (led by David Edwards QC and Michael Holmes) in multi party litigation involving subrogated claims against the former partners of various solicitors firms, pursuant to the Solicitors Act 1974.

Churchgate Nigeria Ltd v Pace Shipping Co Ltd [2008] EWHC 1619 (Comm) (Beatson J). Successful appeal from a partial arbitration award pursuant to section 69 of the Arbitration Act 1996.The appeal concerned the interpretation of sections 2(2) and 2(4) of the Carriage of Goods by Sea Act 1992 and issues of contractual and proprietary title to sue.  (led by Timothy Brenton QC)

Steamship Mutual Underwriting Association (Bermuda) Limited v Sulpicio Lines [2008] EWHC 914 (Comm) (Walker J)
Successfully obtained a permanent anti suit injunction in support of English arbitration proceedings. The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981. The Court endorsed the approach of the Court of Appeal in Welex AG v Rosa Maritime Limited (“The Epsilon Rosa”) [2003] 2 Lloyd’s Rep 509 and the Commercial Court in Vale Do Rio Doce Navegacao S.A and another v Shanghai Bao Steel Ocean Shipping Co Ltd and another [2000] 2 Lloyd’s Rep (led by Robert Bright Q.C.)

2007:
Instructed with leading Counsel in an arbitration dispute concerning the interpretation of a leading P&I Club’s Rules.

ED & F Man Sugar Ltd v Lendoudis [2007] 2 Lloyd’s Rep 579 (Clarke J):
Case concerning the enforcement of a Greek Judgment which “recognised” an English Arbitration Award. The case concerned the scope of the Judgments Regulation and Brussels Convention, enforcement at common law, service out of the jurisdiction and whether permission ought to be granted to amend a claim form after the expiry of the limitation period (led by S.J Phillips).

Two day arbitration concerning issues of equitable assignment and the jurisdiction of the arbitrator.

Newline Corporate Name Limited v Morgan Cole (a firm) (2007) EWHC 1628 (Comm) (Simon J): A 4 day trial in the Commercial Court led by Christopher Butcher QC. The case raised issues of contributory negligence, causation and loss of a chance.

2006:
Acting for group of underwriters and Lloyds syndicates in an insurance dispute; concerning inter alia, questions of misrepresentation, non-disclosure and issues of jurisdiction under the Brussels Regulation.

The Law Society of England and Wales and Others v Margaret Jean Compton and Others (2006). A 1 day hearing in the Chancery Division led by Julian Flaux QC (now Mr. Justice Flaux). A strikeout/summary judgment application involving the circumstances in which, if at all, the Law Society owes a duty of care in the exercise of its functions to clients of firms of solicitors.

2005:
Instructed as junior counsel in complex multi party litigation involving a dispute between insurance brokers based in London and Bermuda and several leading insurance and reinsurance companies and syndicates.

Successfully acted for ship owners in a dispute with charterers in respect of outstanding demurrage; concerning inter alia, questions of jurisdiction and construction of the charterparty, 3 hour hearing in the Commercial Court.  

Represented a London firm of solicitors in an action against their former clients for unpaid fees and costs.

2004:
Normhurst Limited and others v Wilkinson Rodgers Limited (2004) (settled during the trial).  Instructed as junior counsel (led by Richard Southern) in a 14 day trial in the Commercial Court concerning inter alia, broker negligence, non disclosure, misrepresentation, policy coverage, causation and reinstatement.  

Other
Jessica was one of the guest speakers at the Manchester Marine Insurance Association Seminar on Maritime Fraud (September 2004) and at the British Association Cargo Surveyors' Trade Seminar (June 2005).