Charles Holroyd
Year of Call: 1997
email: cholroyd@7kbw.co.uk
Charles Holroyd has a broad commercial practice which includes general commercial disputes, insurance and reinsurance, carriage of goods by sea and road, sale of goods, shipping, international trade and conflicts of law.
Charles has wide experience of shipping arbitrations, including both charterparty and shipbuilding disputes. He has also acted in a number of substantial insurance and reinsurance arbitrations. He has frequently appeared before the Commercial Court.
B.A. (Oxon) (First Class)
Dip. d’ét. sup. (Geneva)
Holker Award
Mould Senior Scholarship.
Languages:
German (fluent), French (working knowledge)
Charles Holroyd specialises in the following areas:
Injunctions & Arrests
Selected cases:
- Luxe Holding Ltd v Midland Resources Holding Ltd [2010] EWHC 1908 (Ch) (Injunction over proceeds of sale of shares in private company; trust arising where shares sold in breach of contract; whether lex situs to be applied).
- Highland Crusader Offshore Partners -v- Deutsche Bank AG (Court of Appeal) [2010] 1 WLR 1023 (Conflict of laws - Jurisdiction - Anti-suit injunctions - Agreement between parties containing English non-exclusive jurisdiction clause - Defendants prosecuting action in Texas court - Claimants bringing parallel proceedings in England and seeking anti-suit injunction in respect of Texas proceedings).
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Shipping
Selected cases:
- Guangzhou Dockyards Co Ltd v ENE Aegiali I [2011] 1 Lloyd’s Rep. 30 (Whether the parties to an arbitration agreement could confer on the Court jurisdiction to hear appeals on issues of fact).
- Omak Maritime Ltd v Mamola Challenger Shipping Co & Ors [2011] 1 Lloyd’s Rep. 47 ( Arbitration appeal – Recovery of damages on the reliance basis in circumstances where profits under replacement fixture exceed profits that would have been earned under a fixture repudiated by the Defendant).
- Trafigura Beheer BV v Mediterranean Shipping Company SA ("MSC Amsterdam") [2008] 1 All ER (Comm) 385 (Misdelivery of cargo; Hague vs Hague Visby Rules; date of assessment of damages for conversion; construction of exemption clauses in charterparty).
- Sabo S.A. v United Arab Shipping Company (SAG) [2005] EWHC 307 (Comm) (Fraud, misrepresentation in Bill of Lading).
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Banking and Finance
Selected cases:
- Highland Crusader Offshore Partners -v- Deutsche Bank AG (Court of Appeal) [2010] 1 WLR 1023 (Conflict of laws - Jurisdiction - Anti-suit injunctions - Agreement between parties containing English non-exclusive jurisdiction clause - Defendants prosecuting action in Texas court - Claimants bringing parallel proceedings in England and seeking anti-suit injunction in respect of Texas proceedings).
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International Trade
Selected cases:
- Balmoral Group Limited v. Borealis A/S and others [2006] 2 Lloyd's Rep. 629 (International Sale of Goods, deciding UCTA reasonableness, whether goods at a holding depot were in the course of international carriage, applicability of UCTA to a foreign law contract, inter-relationship of sections 14(2) and 14(3) Sale of Goods Act 1979, incorporation of standard terms and conditions after trading has commenced, remoteness of damage when loss is increased by a subsequent change in legislation, evidence required to prove corporate losses).
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Commercial Fraud
Selected cases:
- Sabo S.A. v United Arab Shipping Company (SAG) [2005] EWHC 307 (Comm) (Fraud, misrepresentation in Bill of Lading).
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Insurance & Reinsurance
Selected cases:
- ABB Brown Boveri -v- Hiscox Dedicated [2007] EWHC 1150 (Comm) - a claim against insurers and brokers on a programme of contract frustration indemnity insurance.
- The "Martin P" [2004] 1 Lloyd's Rep. 389 (Double insurance, contribution, insurable interest, mistake, authority of agents, whether rights of contribution between insurers affected by post-loss cancellation of policy).
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Admiralty
Selected cases:
- The "Ruta." [2000] 1 Lloyd’s Rep. 359; [2000] 1 WLR 2068 (Admiralty, relative priority of maritime liens).
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Procedure
Selected cases:
- Balmoral Group Limited v. Borealis A/S and others [2006] EWHC 2228
(Comm.) (Procedure, whether the trial judge can, after the conclusion of
the hearing at which a decision sought to be appealed is made, extend
time for an application to himself for permission to appeal to the Court
of Appeal).
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Agency
Selected cases:
- Petrotrade Inc. & Ors. v. Smith & Ors. [2000] 1 Lloyd’s Rep. 486
(Agency, bribery, constructive trust, vicarious liability).
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In the Directories
- “very smooth” in presentation and manner. Legal 500 2009
- a "talented junior" Legal 500 2011
“The post-contractual duty of utmost good faith in insurance law: a legal albatross? The 'Star Sea' considered", Shipping and Trade Law (March 2001).