Simon Kerr is a barrister specialising in commercial law, with particular expertise in the areas of insurance and reinsurance, shipping and conflict of laws.   His practice involves appearance as counsel in litigation in the Commercial Court and appellate Courts in London and in arbitrations, as well as advisory work in Chambers.

Most recently, Simon acted for the successful claimant in the high-profile reinsurance case Equitas v. R&Q [2009] EWHC 2787 (concerning the LMX spiral).  At present, he is acting for the insurers in Société Générale v. Württembergische Versicherung A.G. (an insurance claim concerning the alleged misappropriation of gold bullion said to be worth US$487m) and for the insured in Al Habtoor Motors v. Dubai National Insurance & Reinsurance Co (an insurance claim for damage to over 6,000 vehicles which was caused by a freak hail-storm in Dubai). 

Merchant Taylors’ School, Middlesex
University of Oxford: BA (First Class Honours), MA
City University, London: Dip Law
Inns of Court School of Law, London
Hardwicke Entrance Scholar, Full CPE Award, Sunley Scholar (Lincoln’s Inn)
Pupillage & Tenancy at 7 King’s Bench Walk

Member of the British Insurance Law Association

Languages: French (fluent); German (working knowledge)

• Insurance & Reinsurance
• Shipping
• Jurisdiction/Conflicts of Laws
• General Commercial Disputes
• Arbitration

In the areas of insurance and reinsurance, Simon acts for a broad range of clients, in litigation and in arbitration.  Over the past 11 years, he has been instructed in many of the major disputes which have concerned the London market and in most classes of business (at an insurance and reinsurance level), including: third party liability, construction, D&O, energy, film finance, financial contingency, marine, political risks, professional indemnity, accident & health, sport and property.

Selected cases:

• Equitas v. R&Q [2009] EWHC 2787: Simon acted for the successful claimant, Equitas, in the Commercial Court trial of its claims for indemnity under reinsurance contracts written within the now notorious LMX spiral.  The central issues related to indemnity sums sought in respect of (a) the loss of aircraft by Kuwait Airways and British Airways in the first Gulf War and (b) the costs of cleaning up oil pollution caused by the grounding of the “Exxon Valdez” (in 1989). The case represents the first attempt to deal with the consequences of the decisions of the Court of Appeal in Scott v. Copenhagen Re and King v. Brandywine and supports the use of actuarial modelling in the making of claims for indemnity.  
• Simon acted for the English arm of a large North American insurer seeking to recover (in London arbitration) an indemnity for losses on its accident & health book from its whole account quota share reinsurers.
• Simon acted for AIG in its highly complex liability reinsurance claim in the Commercial Court relating to the construction of the world’s largest nitrogen production plant (in Mexico).  The claim (which settled in 2008) concerned the underlying liabilities of sub-contractors to their head contractor for alleged negligence in the design, construction and commissioning of the production plant. The claim raised complicated issues of fact and law, on various levels, concerning: the detail of the construction project; the applicable foreign law; insurance/reinsurance contract interpretation; and the analysis of inter-related property damage and liability claims.
• Simon acted for the North American whole account reinsurer in a London arbitration against the Lloyd’s Syndicate seeking indemnity for losses sustained on its accident & health book.
• Simon acted for numerous London market and overseas marine insurers in litigation in the Commercial Court brought by an assured seeking to recover under its Hull & Machinery policies in respect of damage alleged to have been caused to its vessel by sulphate reducing bacteria.
• Enterprise Oil Ltd v. Strand Insurance Co Ltd [2006] 1 Lloyd’s Rep. 500: Simon acted for the successful insurers in a substantial liability insurance claim which was brought in the Commercial Court concerning the termination of a drilling rig contract.  The case raised important issues of principle regarding the proof of liability (under foreign law) and quantum in a claim for indemnity under a liability insurance and the threshold difficulties posed by the decision in Lumberman’s Mutual Casualty Co v. Bovis Lend Lease Ltd [2005] 1 Lloyd’s Rep. 494.
• Bonner & Ors v. Cox & Ors (“The Aon 77 Energy Cover” litigation) [2005] Lloyd’s IR 569: Simon acted for the successful Claimants in the Commercial Court in this lengthy, multi-party reinsurance trial.  The case resolved important issues of principle regarding the obligations of a reinsured towards its excess of loss reinsurer; in particular, the nature and extent of any obligation (i) to exercise reasonable care in the conduct of underwriting, and (ii) not to “write against” the reinsurer.
• Simon acted for contingency insurers in an arbitration concerning the postponement of an international sporting event following the terrorist attacks of 9/11.
• Feasey v. Sun Life; Steamship Mutual v. Feasey [2002] Lloyd's Rep. IR 807; [2003] Lloyd’s IR 637 (CA): Simon acted (at first instance and in the Court of Appeal) for the reinsurer, Sun Life.  The case, which involved insurance/reinsurance claims worth approximately US$100m, raised fundamental issues concerning the requirement at common law and under the Life Assurance Act 1774 for insurable interest.  Simon also acted for Sun Life in its Petition for Leave to Appeal to the House of Lords and (before the case settled) in the drafting of its Case for the appeal to the House of Lords.
• Simon acted for Société Générale and the Royal Bank of Canada, in various cases, in the film finance (insurance) litigation.
• Simon acted, in late 2002, for three overseas reinsurers in a substantial trial in the Commercial Court (which settled).  The case concerned claims for approximately US$200m under quota share reinsurances covering a Lloyd’s Syndicate in respect of energy business placed under an open cover.  In 2004, Simon acted for an excess of loss reinsurer in the Commercial Court in a related dispute.
• Jan de Nul (UK) Limited v. NV Royale Belge [2000] 2 Lloyd’s Rep. 700; [2002] 1 Lloyd's Rep. 583 (CA): Simon acted for the successful Claimant, both at first instance and in the Court of Appeal. The case concerned claims under a liability insurance policy in respect of the Claimant’s liabilities (in various torts) to third parties arising out of dredging operations.
• Simon acted for a North American reinsurer in two major reinsurance arbitrations in 1999 involving the Personal Accident LMX Spiral. 

In the area of shipping, Simon has been involved in numerous arbitrations and in litigation concerning a wide range of charterparty and bill of lading issues. 

Selected cases:

• The Eurasian Dream [2002] 1 Lloyd's Rep. 719: Simon acted for the successful cargo claimants in this large Commercial Court trial, which concerned a dramatic fire on a car carrier and involved the comprehensive treatment of issues of unseaworthiness.
• Simon acted for the shipper/sub-charterer in a large London arbitration concerning the shipment of a dangerous cargo which caused an explosion on board the carrying vessel.
• The Tychy (No.2) [2001] 1 Lloyd’s Rep. 10; 2 Lloyd’s Rep. 403 (CA): Simon acted for the Claimant, MSC in its claims for freights (in excess of US$3.6m) due under a slot charter party.  The case raised important procedural issues as to whether a slot charterer is liable to be sued in rem and have its vessel arrested and substantive issues regarding the novation of contracts.

Simon regularly deals with disputes involving complex jurisdictional and conflict of laws issues.

Selected cases:

• Equitas v. Allstate [2009] Lloyd’s Rep. IR 227: Most recently, Simon acted for Equitas in resisting Allstate’s application for a stay of the proceedings.  One of the principal questions raised was whether the controversial principles of EC law laid down in Owusu v. Jackson could be side-stepped by invoking the English Court’s case management discretion.  That question was answered (in Equitas’ favour) in the negative.
• Simon also acted in Mediterranean Shipping Company SA v. Atlantic Container Line & Ors, appearing for MSC, both at first instance and in the Court of Appeal, on its application for anti-suit injunctions.  The case involved important consideration in the Court of Appeal of the principles laid down in The Angelic Grace.

Simon has acted in numerous cases of a general commercial nature, involving issues of general contract or tort law, agency, fraud and restitution. 

Selected cases:

• Simon acted for the successful claimant, MAN, in the commercial fraud litigation in MAN AG v. Freightliner Limited and Ernst & Young [2005] EWHC 2347, in relation to its successful application for the interim payment of £250m and in relation to Freightliner’s appeal.
• Simon acted for a major international oil trading company in relation to its claim in arbitration for a substantial amount of commission on the sale of crude oil in the Middle East.
• Walker International Holdings v. Republique Populaire du Congo & ors [2005] EWHC 2813: Simon acted for the Respondents to charging orders over property in London at the trial in the Commercial Court of issues concerning the beneficial ownership of the property.
• Simon acted for a former French international footballer, advising on disputes concerning his advertising contracts.
• Simon acted for the Nigerian National Petroleum Corporation and its brokers in complex litigation (which eventually settled) concerning the substantial sum paid in connection with the ‘Comprehensive Insurance Programme’ protecting its onshore and offshore assets, loss of profits and third party liability risks.
• Simon acted for the Claimant at trial in Frank Shipbroking Limitada v. Gammon Shipping Limited (The Lucky Ocean) in its claim in the Admiralty Court for commission arising out of a ship sale/purchase. 

Many of Simon’s cases involve arbitration.

Selected cases:

• Acted for the English arm of a large North American insurer seeking to recover (in London arbitration) an indemnity for losses on its accident & health book from its whole account quota share reinsurers.
• Acted for a shipyard in disputes concerning the construction of four crude/product oil tankers worth over US$250m.
• Acted for the North American whole account reinsurer in a London arbitration against the Lloyd’s Syndicate seeking indemnity for losses sustained on its accident & health book.
• Acted for a major international oil trading company in relation to its claim in arbitration for a substantial amount of commission on the sale of crude oil in the Middle East.
• Acted for contingency insurers in an arbitration concerning the postponement of an international sporting event following the terrorist attacks of 9/11.
• Acted for the shipper/sub-charterer in a large London arbitration concerning the shipment of a dangerous cargo which caused an explosion on board the carrying vessel.
• Acted for a North American reinsurer in two landmark reinsurance arbitrations in 1999 involving the Personal Accident LMX Spiral.