Date of Birth: 1957Date of Call: 1981
Silk Date: 1998
Languages: French (basic)
General Information
University of Bristol: LLB (1st Class).
Sub-Lt. Royal Navy: 1975-1979.
Lecturer in Law, King’s College London: 1980.
Standing Counsel to the Treasury Solicitor in shipping matters: 1991-1998.
Member of editorial board of the International Maritime law journal 1995-2000. Honorary Counsel to King George’s Fund for Sailors: 2000 to date.
He is a member of the Admiralty Court users committee, a member of COMBAR and a supporting member of the LMAA.
Practice
Timothy Brenton commenced practise at chambers in Essex Court in 1982. In February 2001 he moved to 7 King’s Bench Walk.
The early years of his practice centred upon shipping disputes. During this time he obtained a broad range of experience covering all aspects of shipping and shipping related work, including marine insurance. In 1991 he was appointed standing counsel to the Treasury Solicitor in Admiralty and Shipping matters. He has been instructed in many major marine casualties including the capsize of the "Herald of Free Enterprise", the loss of the "Derbyshire" and the grounding of the "Sea Empress".
In more recent years his practice has encompassed a broad range of commercial disputes as well as shipping work. Today his practice covers such matters as international trade, shipping, energy, off-shore construction, insurance (both marine and non-marine), sale of goods, commercial fraud and commercial contracts. He regularly appears as an advocate in the Commercial and Admiralty Court in London and in commercial arbitrations. He was appointed QC in 1998. He has been instructed to act as an expert witness on English Law in connection with foreign proceedings. Such work has included written advices in relation to the avoidance of contractual obligations on the grounds of illegality, the validity of ship’s mortgages and the meaning and effect of P&I Club Rules. He has been appointed arbitrator in a number of cases, including arbitrations conducted under the Rules of the London International Court of Arbitration, the Admiralty Solicitor’s Group and the London Marine Arbitrators Association. He is a member of the Admiralty Court users committee, a member of COMBAR, a supporting member of the LMAA. Previously he was a member of the editorial board of the International Maritime Law Journal. When the new Civil Procedure Rules were being introduced, he assisted in the drafting of the Admiralty Rule and Practice Direction.
Selected Cases
Major Marine Casualties
Timothy Brenton has been instructed in connection with a number of major marine casualties including:
The Inquiry into the capsize of the "Herald of Free Enterprise". Instructed on behalf of the Senior Master of the vessel.
The initial Inquiry into the loss of the "Derbyshire". Instructed as junior counsel for the Department of Trade and Industry.
Various bulker loss cases (1990 to date). Including litigation arising out of the loss of such vessels as the "Mineral Diamond", the "Manilla Transporter", the "Tribulus", the "Alexandre P" and the "Melete" and the "Christopher".
Litigation and prosecution arising out of the grounding of the "Sea Empress". Instructed on behalf of the harbour authority.
General commercial, including general contract, tort and professional negligence
Instructions in the field of general commercial litigation have covered a broad spectrum of work. By way of example, recent instructions have related to secret profits allegedly obtained by employees of a major PLC, the breakdown of an international joint venture agreement, the breakdown of a sole distribution agreement, the breakdown of long term sale and purchase agreements, rights of indemnity under an aircraft lease, the construction and effect of warehouseman’s terms of business, negligence of insurance brokers, accountants and solicitors. Cases include:
Apioil Ltd. v Kuwait Petroleum Italia SpA [1995] 1 Lloyds Rep. 124 - Sale of goods (cif), whether surveyors certificate final and binding upon the parties.
Crown River Cruises Ltd. v Kimbolton Fireworks Ltd. [1996] 2 Lloyds Rep.533 - Claim in negligence, public and private nuisance and Rylands v Fletcher arising out of fire following a firework display.
NFFO v Inshore Services (International Ltd) [2001] CA – Dispute involving the tort of procuring a breach of contract.
JSC Zestafoni v Ronly Holdings [2004] 2 lloyds Rep. 335 - Sale and purchase dispute. Issues as to jurisdiction of arbitrator.
Cable & Wireless v Valentine [2005] - Claim for alleged secret profits, breach of fiduciary duty and economic torts. (Case settled during trial)
Insurance and reinsurance
As regards marine insurance:
Instructions relating to hulls (including oil installations) commonly involve such issues as non disclosure, misrepresentation, unseaworthiness with the privity of the assured, the operation of a peril insured against, sue and labour, breach of warranty, and deliberate casting away.
With regard to cargo insurance, instructions include disputes as to the period and scope of cover, the operation of a peril insured against and the quantum recoverable under the terms of the policy.
As regards P&I insurance, instructions have included issues as to the proper construction of the Club Rules, the rights of third parties under the Third Parties Rights Against Insurers Act, the right of the Club to rely as against a third party upon an arbitration clause contained in the Rules, the presentation of allegedly fraudulent claims, the operation of the "misdirected arrow" clause, the liability of co-assureds for Club calls, recovery of anti oil pollution costs and wreck removal expenses, and disputes as to the exercise of the Club’s discretion.
War risks instructions have included issues of illegality, incorporation and effect of express terms, and misrepresentation.
Instructions relating to non marine insurance include claims arising out of the loss of wine from a large city bonded warehouse; claims arising out of the alleged loss of a consignment of gold being shipped by air from Africa to the USA; claims relating to import risk insurance; repairers' liability claims; claims under solicitors's negligence policies; claims arising from business interruption policy.
Reinsurance instructions have included issues arising under horse reinsurance policies. Recent reinsurance work includes an arbitration, in the context of a stop loss policy, as to whether the commutation of a particular year had been effected and, if not, whether the renewal of the subsequent year was void for mistake.
The majority of the cases under this head have either involved confidential arbitrations, have settled before trial or are on-going. However, reported cases include:
The "Felicie" [1990] 2 Lloyds Rep. 21 - Operation of the Third Parties (Rights Against Insurers) Act 1930 in relation to P&I insurance.
Craft Enterprises (International) Ltd v AXA [2005] Lloyds Rep I.R.14 – Operation of law and jurisdiction in context of Marine Open Cover.
Beazley v Horizon [2005] Lloyd's Rep I.R.231. - marine insurance, damage to pipe laying barge by fire.
Shipping work, (General including ship sale and ship construction)
Timothy Brenton’s experience covers all aspects of shipping work. Thus, for example, he frequently receives instructions relating to a broad range of bill of lading and charterparty disputes (involving both dry and liquid cargoes). Such instructions include unseaworthiness disputes, unsafe port disputes, dangerous cargoe issues, cargo damage claims, off-hire disputes, general average and limitation of liability. In addition, he is frequently instructed in ship construction, ship sale, and ship repair disputes. Cases include:
The "Liepaya" [1999] 1 Lloyds Rep 649. Time charterparty, whether rejection of vessel for loading caustic soda caused by shipowners’ breach.
The "Visurgis" [1999] 1 Lloyds Rep. 218 - Voyage charterparty (Gencon), construction of Owners’ Responsibility Clause and its interaction with additional typed clauses.
The Kamsar Voyager [2002] 2 Lloyds Rep. 57 – Bill of lading, breakdown of vessel, whether due to unseaworthiness.
The "Torepo" [2002] 2 Loyds Rep. 535 – Bill of lading, grounding, whether due to unseaworthiness.
The “Hassat” [2004] Bill of lading, whether casualty caused by actionable unseaworthiness. (Opponents conceded liability during trial).
The "Kamilla" [2006] as yet unreported - construction of Inter Club Agreement.
2000 to 2006 shipping arbitrations include.
Ship repair, dispute arising out of repairs to paint coatings.
Arbitrations arising out of ship sales under the Norwegian Sale form: Instructed for buyers and sellers. Issues have included: whether binding MOA concluded; technical issues arising out of defective hatch covers, corroded bulkheads, and engine defects. Legal issues including the meaning of "damage affecting class", scope of agent's apparent authority; effect of alleged 'subject'. Several large shipbuilding disputes. Instructed variously for yard and for buyers.
Charterparty: unsafe port dispute, adequacy of mooring arrangements
Charterparty: damage to tank coatings, allegations of dangerous cargo.
Demise Charter of an oil rig, disputes arising out of owners’ termination of charter on account of charterers’ failure properly to maintain the rig.
Offshore construction and exploration
Timothy Brenton has been instructed in a number of off-shore construction and exploration disputes. Recent instructions have included disputes as to the compliance with specification of complex drill ships, insurance claims concerning offshore units and disputes concerning damage to offshore equipment.
Admiralty work
Timothy Brenton has been instructed in many disputes which fall within the Admiralty jurisdiction of the High Court. Such disputes cover a wide variety of topics but include collisions at sea, salvage, towage, claims arising out of oil pollution incidents, ship repair disputes, ship mortgage disputes, investigations into the competence of seafarers and pilotage inquiries. Recent and reported cases include:
The "Navios Enterprise" and the "Puritan" [1998] 1 Lloyds Rep.16 - collision arising out of an engine breakdown whilst caught in the middle of Hurricane Andrew, Gulf of Mexico.
The "Enil" and the "Alexia" [1999] 1 Lloyds Rep 643 - collision off the Mississippi Delta involving crossing vessels.
The “Mineral Dampier” and the “Hanjin Madras” [2000] 1 Lloyds Rep. 282 – collision involving crossing vessels.
The "Turiddu" [2000] ICR 354 - dispute as to whether maritime lien is extinguished by voluntary payment.
The “Pearl” and the “Jahre Venture” [2003] 2 Lloyds Rep. 188 – collision involving vessels in crowded anchorage.
The "Key Singapore" [2005] 1 Lloyds's Rep. 91. Salvage. Effect of fault on part of salvor. Article 18 of the Salvage Convcention.
Judicial review
Judicial review is not a central part of Timothy Brenton’s practice but instructions to appear before the Divisional Court have arisen from time to time. Two such cases are:
R v Mr. G. Darling QC (sitting as a wreck commissioner) ex parte Swan Hunter Ship Builders Ltd. [1992] 1 Lloyds Rep. 497 - judicial review of a wreck commissioners’ decision as to costs of a public inquiry.
R v Carrick District Counsel ex parte Prankerd [1998] 2 Lloyds Rep. 675. - instructed as amicus curiae in relation to a dispute as to whether a harbour Authority had jurisdiction to distrain a vessel for non payment of mooring fees.
Practice, Jurisdiction and procedure
The types of cases referred to above frequently give rise to a wide variety of procedural and interlocutory disputes including as issues as to jurisdiction, applications to stay English proceedings in favour of a foreign jurisdiction, applications to obtain and to discharge interlocutory injunctions, including freezing orders, etc. Reported cases include:
The "Veracruz" [1992] 1 Lloyds Rep. 353 - (Court of Appeal), freezing order, whether available in anticipation of a cause of action.
The “Turiddu” [1999] 2 Lloyds Rep 401 – (Court of Appeal), admiralty practice and maritime liens.
Craft Enterprises (International) Ltd. V AXA [2005] Lloyds Rep I.R.14 – Construction and effect of law and jurisdictional clause.
Beazley v Horizon Offshore Contractors Inc. [2005] Lloyds Rep I.R.231 - anti-suit injunction involving non-EC country.
The "Front Comor", [2005] 2 Lloyd's Rep 257 - anti-suit injunction and declarations in support of arbitration clause. EC countries. Issues as to proper law, availability of anti-suit injunction and principles relevant to exercise of discretion.
As Arbitrator
Timothy Brenton has been appointed arbitrator in a variety of cases, including arbitrations conducted under the Rules of the London International Court of Arbitration, the Admiralty Solicitor’s Group and the London Marine Arbitrators Association. Recent appointments have covered ship repairers’ liability, reinsurance, charterparties and salvage.
