"excellent young junior"; "displays a very effective rapport with judges in court."
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Richard Waller QC


Year of Call: 1994

email: rwaller@7kbw.co.uk


Richard joined 7KBW in 1994, following the completion of his pupillage, and has been practising as a commercial barrister since then.

Richard specialises in commercial litigation and arbitration, acting both as an advocate and in an advisory capacity. His practice covers all areas of commercial law, with an emphasis on insurance, reinsurance, shipping, professional negligence (principally insurance brokers) and general commercial disputes. He has acted in a wide spectrum of cases of different types and sizes, both on his own and as a junior, and has extensive experience of litigating in the commercial court and representing clients in all forms of arbitration, including shipping arbitrations before the LMAA, insurance arbitrations under the ARIAS Arbitration Rules and international arbitration before the LCIA. The Legal Directories recommend Richard as a leading junior in his practice areas and is described as "exceptionally bright and very hard-working" and as "a real fighter who takes on complex cases at the equivalent level of a silk."

The core areas of Richard’s practice are insurance and reinsurance, arbitration, shipping, professional negligence and general commercial litigation.

Richard’s insurance and reinsurance practice is wide ranging. Richard has recently been involved in various political risk disputes involving Argentina, Chile, Azerbaijan and Indonesia. Over the last 12 months, he has also been involved in commercial court litigation concerning a property and business interruption claim arising out of a fire at a recycling plant, a reinsurance dispute relating to Hurricane Katrina, a professional indemnity policy relating to a Portuguese construction project, a dispute involving a US coverholder, a dispute relating to a cash in transit policy and an industry loss warranty financial reinsurance product arbitration.

In terms of his shipping practice, in addition to being involved in numerous shipping arbitrations, Richard is currently involved in commercial court litigation involving the detention of a vessel in Nigeria and he recently obtained a freezing injunction from the Commercial Court in aid of a claim brought in London arbitration for wrongful attachment in New York.

In terms of his professional negligence practice, the majority of his work involves professional negligence claims against insurance and reinsurance brokers.

Richard also has experience in a wide range of other areas of commercial law, including: agency, conflicts of laws, energy, injunctions, international trade, jurisdiction issues and sale of goods.


1983-1988        Radley College.

1989-1992        Trinity College, Cambridge (History 2.1 MA).

1992-1883        City University (CPE Diploma in law, merit).

1993-1994        Inns of Court School of Law (Grade: outstanding). Macaskie Award.

Richard Waller QC specialises in the following areas:


Insurance & Reinsurance


Richard has acted in a wide range of cases in this area both as lead counsel and as a junior. Cases in which he had been involved in this area include:

  • Richard has acted in a large number of political risk insurance and reinsurance arbitrations in the last few years involving projects in Argentina, Chile, Azerbaijan and Indonesia. He is currently involved in political risk arbitrations involving Venezuela and Dubai.
  • Chartis v Riverhawk [2011] Declaration for negative declaratory relief. Anti–suit injunction.
  • M v Insurers [2011]: for insurers in a Bermuda Form arbitration involving manufacturer’s liability for allegedly making and distributing defective pace-makers.
  • N v Insurers [2010-11]: for reinsurers as junior in property and business interruption claim arising out of hurricane Katrina in relation to US shipyards in Gulf Coast.
  • G v G [2010]: for reinsurers as junior counsel in a complex high value ($16 m) reinsurance arbitration under ARIAS Rules arising out of the Witch Creek wildfires in California in 2007.
  • Jones v Environcom [2008-2010]: for insurers as lead counsel in a property & business interruption claim involving fire at a recycling plant - ancillary security for costs application reported at [2010] Lloyd's Rep IR 190 . 
  • C v B [2009]: for insurers as lead counsel in a coverholder arbitration relating to the unauthorised writing of risks.
  • Ace Capital v CMS Energy Corporation [2009] Lloyd's Rep. IR 414. Anti-suit injunction. This case concerned the interplay between arbitration clauses and service of suit clauses in Lloyds’ policies issued to US-based insureds. Richard, acting for various Lloyds’ syndicates, obtained an anti-suit injunction preventing the insured bringing its claim before a jury in the United States.
       

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Shipping


Richard has acted in a wide range of cases in this area both as lead counsel and as a junior.

Selected cases:

  • Richard has acted in a large number of shipping arbitrations in recent years including bill of lading, charterparty, bunker, crane damage, piracy, ship sale and shipbuilding disputes. Richard is currently acting in a multi-party commercial court action involving the detention of a vessel in Nigeria and a large scale shipbuilding arbitration.  
  • Congentra Ag v Sixteen Thirteen Marine SA (The “Nicholas M”) [2008] 2 Lloyd's Rep. 602. Freezing Injunction. Owners obtained a Rule B attachment order in New York. Richard, acting for Charterers, obtained a freezing injunction in aid of wrongful attachment claim in English arbitration.
  • Ravennavi SPA v New Century Shipbuilding Co Ltd [2007] 2 Lloyd's Rep. 24. Shipping. The effect of an entire agreement clause in a shipbuilding contract.
  • The Charlotte C  [2005] 2 Lloyd's Rep. 626. Unsafe berth case.
  • The Marseilles [2003] 1 Lloyd's Rep. 503. Recovery of Settlement Loss (Commercial Court). 
  • East West Corporation v DKBS 1912 [2002] 2 Lloyds Rep. 182; [2003] 1 Lloyd's Rep. 239 (CA). Shipping. Misdelivery; title to sue under Carriage of Goods by Sea Act 1992.
  • Cenargo v Astilleros (2002) CLC 1151 (CA). Shipping. Newbuilding RoRo Ferry. Liquidated damages.
  • The River Ngada (2001) LMLN 570. Shipping. Cargo damage. Mitigation. 
  • The “Yellow Star” [2000] 2 Lloyds Rep. 637. Application of time-bar in context of failure to supply supporting documents for demurrage claim. 
  • The Hai Hing [2000] 1 Lloyds Rep. 300. Incorporation of Hague Rules.
  • The Rio Assu [1999] 1 Lloyds Rep. 115 (CA); [1999] 1 Lloyds 201. The meaning and effect of P&I Club’s letters of undertaking.  

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Professional Negligence


Richard has acted in a wide range of cases in this area both as lead counsel and as a junior specialising in broker negligence claims. Cases in which he had been involved in this area include:

  • Richard is currently engage in three separate commercial court actions involving allegations of professional negligence against insurance brokers.
  • Recently Richard acted for a Venezuelan insured against a London insurance broker in the Commercial Court.
  • Charman v GIO and Others (2002). Reinsurance. Brokers. Professional negligence (Commercial Court). 

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Arbitration


Selected cases:

  • Ace Capital v CMS Energy Corporation [2009] Lloyd's Rep. IR 414. Anti-suit injunction in favour of arbitration.
  • Halki Shipping Corporation v Sopex Oils Ltd [1998] 1 WLR 726; [1997] 1 WLR 1268 (CA). Seminal case on the meaning and effect of section 9 of the Arbitration Act 1996.

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Banking and Finance


Selected cases:

  • Richard is currently acting on behalf of a bank in a dispute relating to ship finance.
  • Fortis Bank v Andrenal Shipping (2008) – ship finance dispute

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General Commercial Disputes


Selected cases:

  • Nicholas G Jones v Environcom [2010] Lloyd's Rep. IR 190. Security for Costs. Richard acted for the Claimant and obtained security for costs of the counterclaim notwithstanding that the costs were common to both the claim and counterclaim.
  • Ravennavi SPA v New Century Shipbuilding Co Ltd [2007] 2 Lloyd's Rep. 24. Shipping. The effect of an entire agreement clause in a shipbuilding contract.
  • East West Corporation v DKBS 1912 [2003] 1 Lloyd's Rep. 265  (CA) Civil Procedure. Costs. Part 36 offers and appeals.
  • Pearce v John Mason (2001).  Exemption Clauses. Damages (Commercial Court). 
  • Shetland Towage v Ferguson Shipbuilders (2001). Sale of goods.  Fitness for purpose (Business List). 
  • Pirelli v United Thai [2000] 1 Lloyds Rep. 663. Retrospective extension of time to serve writ.
  • Raflatac Ltd v Eade and Others [1999] 1 Lloyds Rep. 506. Duties of care in tort and contributory negligence.

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In the Directories


  • “great lawyer and advocate” Legal 500 2010
  • “excellent young junior”; “displays a very effective rapport with judges in court.” Chambers UK 2010
  • “extremely hard working” Chambers UK 2010
  • “excellent junior” whose “renown increases year on year” and as a “standout rising star.” Chambers UK 2010
  • “technically strong, hardworking, easy to work with and responsive. Legal 500 2010
  • “incisive and clear.” Legal 500 2009
  • “leaves no stone unturned.” Chambers UK 2009
  • “very commercial and shows fine attention to detail.” Chambers UK 2009
  • “A star in the making”, the “brilliant”. “A talented advocate”. “He creates mischief in his clients’ interest.” Chambers UK 2008
  • “extremely bright, hard-working and resilient.” Chambers UK 2008
  • “fair opponent” Legal 500 2008
  • “has an appetite for details and gives excellent, practical advice” Chambers UK 2006