sensible advice coupled with a tough litigation stance.
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Practice Profile
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In the Directories
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Adam Fenton QC


Year of Call: 1984
Year of Silk: 2003

email: afenton@7kbw.co.uk


Adam acts as an advocate in Court and Arbitration work in the following areas of practice:

Insurance, Reinsurance, Sale of Goods, Shipping, Professional Negligence.

He also sits as an arbitrator in these areas including as an LCIA arbitrator.

Recommended in the field of Insurance and Reinsurance in both Chambers and Partners and the Legal 500 current directories.



B.A. (Oxon) (First Class)

Adam Fenton QC specialises in the following areas:


Insurance & Reinsurance


Selected cases:

  • DHL v. Barbon [2010] Lloyd’s Rep IR 149 Leading Counsel for Barbon in this  major 5 week High Court trial  involving claims in relation to an Excess Insurance Contract  fighting each of the three other parties and effectively fighting three cases in one. Also acted for DHL in relation to the application to join Insurers : [2009] Lloyd’s Rep. IR 464
  • Acted for successful insurers in relation to insurance of solicitors which resulted in an Award in favour of aggregation and thus the very substantial restriction of insurer’s liability and led to the termination of the major High Court action against the solicitors. The arbitration concerned a point of considerable legal and market importance in relation to the basis of aggregation of claims where no dishonesty.
  • Acted for successful Insurers in High Court action; action against Insurers was struck out just prior to trial.
  • Acted for Encia in relation to appeal to the Court of Appeal from the judgment of Mr. Justice Cresswell (Encia Remediations v. Canopius [2008] Lloyd’s Rep IR 79) which settled on the eve of the Appeal. Raised a number of significant insurance points.
  • Acted for Lincoln (Swiss Re) in a 4 week major arbitration.
  • Scott v. Copenhagen Re (Com Ct. Langley J and Court of Appeal [2003] EWCA Civ 885
    XL market test case about aggregation of losses of KAC aircraft and spares and BA aircraft which occurred during the invasion of Kuwait/Gulf War. The case is a leading case on aggregation and when loss occurs in non-marine insurance.
  • Feasey v. Phoenix & Sun Alliance (Com. Ct Langley J and Court of Appeal [2003] EWCA Civ 688
     Dispute about insurable interest, misrepresentation and authority of underwriting agent.  I acted for Phoenix on an issue worth U.S.$ 16 million dollars relating to authority and also provided some assistance and appeared for a day for Sun in the Court of Appeal.
  • Imperio v. C.E. Heath (Com Ct) 1999 Lloyds IR 571; [2001] 1 W.L.R. 268
    The leading authority on limitation in relation to breach of fiduciary duty, in the context of reinsurance brokers.
  • ABT Rasha (CA) [2000] 2  Lloyds Rep. 575
    Successful claim against insurers for balance of general average liability. 
  • Kirkaldy v. Adrian Walker  (Com Ct.) [1999] Lloyds IR 410
    Successful defence of claim against underwriters in respect of sinking of a floating dry dock. 
  • North Atlantic v. Bishopsgate (Com Ct.) [1998] 1 Lloyds Rep. 459 Accrual of cause of action under variable excess reinsurance.
  • Aiken -v- Wrightson [1995] 1 W.L.R. 1281 (Insurance - duty of Lloyd's managing agent)
  • Grace -v- Leslie & Godwin [1995] C.L.C. 801 (Insurance - brokers' negligence)

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Professional Negligence


Selected cases:

  • Hollywood Litigation: Represented Ince & Co, instructed by Reynolds Porter Chamberlain, for alleged negligence in relation to film finance insurance and reinsurance, where the claim was for U.S. $ 180,000,000.
  • Shinhan v. Sea Containers (Com Ct.) [2000] 2 Lloyds Rep 406
  • Successful claim against Sea Containers for fraud and negligence in relation to the issue of banking documentation.
  • Grace -v- Leslie & Godwin [1995] C.L.C. 801 (Insurance - brokers' negligence)

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Shipping


Selected cases:

  • The "Surf City" [1995] 2 Lloyd's Rep. 242 (Shipping/insurance - waiver of subrogation)
  • The "Product Star" [1993] 1 Lloyd's Rep. 397 (Shipping - unsafe ports in Gulf)
  • The "Simona" [1989] A.C. 788 (Shipping)

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Shipping


Selected cases:

  • SCT v. Trafigura [2005] 1 Lloyd’s Rep. 128 Sale of Goods case involving sale of oil and repudiation of contract. Acted for SCT in their successful claim for breach of contract against Trafigura before Mr. Justice Colman. A hard fought case involving extensive cross-examination of Trafigura witnesses.

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Miscellaneous


Adam has recently acted in numerous confidential arbitrations and actions which did not come to trial, as well his advisory practice.


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In the Directories


  • received widespread praise for his “sensible advice coupled with a tough litigation stance.  Chambers UK 2006 Insurance
  •  “tenacious” “deeply immersed in insurance matters.”  Chambers UK 2008 Insurance