Sushma joined 7KBW in 2008, following the completion of her pupillage at Chambers, and has been practising as a commercial barrister since then.

Sushma specialises in commercial litigation and arbitration, acting as an advocate (in arbitration, County Courts and the High Court) and in an advisory capacity.  Her practice covers all areas of commercial law, with an emphasis on insurance, reinsurance, shipping, professional negligence, sale of goods and private international law.  She has acted in a wide range of cases, both on her own and as a junior.

Many of the cases in which Sushma has been involved span more than one of the areas listed above, and the knowledge and skills involved in dealing with them are transferrable to many other areas of commercial litigation and arbitration.

Sushma is happy to accept instructions on commercial matters which fall outside the areas of expertise listed above, provided she feels that her skills and experience are suitable for the case.

If you are interested in instructing Sushma on any particular matter, please contact our clerks to discuss the requirements of the case and her availability.

In October 2010 Sushma was cited by Legal Week as one of the "Stars at the Bar".

Trinity College, University of Cambridge: BA in law, first class (2003-2006).

During her time at Cambridge, Sushma was awarded a number of law scholarships and prizes by the University and Trinity College: Norton Rose Commercial Law Prize, Prize for Top First in Commercial Law; Clifford Chance European Union Law Prize, Prize for Top First in European Union Law; Trinity College Senior Scholar; Trinity College Lizette Bentwich Prize 2005, 2006; Trinity College Tripos Prize 2006.

Inns of Court School of Law, London: Bar Vocational Course, Outstanding (2006-2007).

During the Bar Vocational Course, Sushma was awarded the Marchant and Hardwick Scholarships and the Buchanan Prize for performance on the Bar Vocational Course by The Honourable Society of Lincoln’s Inn.

She also received the Whittaker Scholarship from Trinity College, University of Cambridge.

• Insurance & Reinsurance
• Shipping
• General Commercial Disputes
• Sale of Goods
• Professional Negligence
• Jurisdiction/Conflicts of Laws

Insurance & Reinsurance is one of Sushma’s main areas of practice and she has been involved in settling pleadings, advising and appearing at final and interlocutory hearings in a variety of insurance disputes.

Selected cases:

• Orient-Express Hotels Limited –v- Assicurazioni Generali SPA t/a Generali Global Risk [2010] EWHC 1186 (Comm) - Represented insurers as junior counsel (led by Simon Picken QC) in a three-week business interruption arbitration involving the impact of Hurricanes Katrina and Rita on the New Orleans luxury hotel industry. The decision was then the subject of a section 69 appeal to the High Court. The arbitration and appeal raised interesting questions as to whether an insured should be entitled to recover under a business interruption policy where it alleges that losses are concurrently caused by an insured and an uninsured cause.

• Sushma has also acted as junior counsel in substantial arbitrations concerning Bermuda Form employment practices liability insurance policies governed by New York law. 
• Instructed to appear as junior counsel (led by Stephen Phillips QC) in a SIAC arbitration concerning disputes arising out of the provision of insurance to government employees. 
• Instructed to appear as counsel representing insurers in a claim against Jehns Lehmann for premium due under a contingency insurance policy. 
• Advising in respect of an insurance coverage dispute arising out of the theft of a commercial vehicle.  
  

Sushma has a keen interest in Shipping and Transport law and has been instructed in a wide variety of disputes, both on her own and as junior counsel, to advise, settle pleadings and attend at hearings both in arbitration and in the High Court.

Selected cases:

• Matrix Europe Limited (In Liquidation) –v- Uniserve Northern Limited [2009] EWHC 919 (Comm). Instructed as junior counsel (led by Charles Priday) for the claimant in respect of a bailment dispute involving the theft of Bluetooth adaptors from a warehouse. 
• Instructed as junior counsel (led by Stephen Hofmeyr QC) to appear in a preliminary issues hearing concerned with the recoverability of lost profits for breach by a buyer of the Mackay v Dick implied term in a contract governing the sale of a second-hand vessel. 
• Instructed to appear as junior counsel (led by Jawdat Khurshid) in a multi-party arbitration concerning the entitlement of owners to withdraw from and/or terminate various charterparties as well as the entitlement of charterers to make various off-hire deductions. Instructed as sole counsel to attend at costs hearing in respect of the same dispute. 
• Instructed as junior counsel in two separate arbitrations involving claims for breach of memorandums of agreement for the sale of second-hand vessels on the Norwegian Saleform. 
• Acting in disputes concerning commission due to brokers under shipbuilding contracts and charterparties.
• Advising and drafting defence submissions in an arbitration concerning a claim for freight allegedly due under a charterparty, the existence of which was disputed by charterers. 
• Drafting defence submissions to a claim for demurrage in arbitration proceedings on the LMAA small claims procedure. 
  

In addition to shipping & insurance, Sushma also acts in a wide variety of commercial disputes including the following:

Selected cases:

• Kingspan Environmental Limited and others –v- Borealis A/S & Borealis UK Ltd. Acted as second junior counsel (led by David Allen QC and James Brocklebank) in a large-scale multi-million pound dispute concerning the sale of polyethylene raw materials by Borealis to Kingspan for the production of green plastic oil tanks. The dispute involved a variety of legal issues including choice of law, misrepresentation, breach of contract, implied terms under the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977. The nature of the case also required Sushma to consider and be familiar with large amounts of scientific evidence concerning plastics and the moulding of plastics by a process known as rotomoulding. During the 12 week trial before Mr Justice Christopher Clarke (May 2011 to July 2011), Sushma cross-examined factual witnesses and a foreign law expert.

• Hamsah Investments Limited & Wall Capital Limited –v- The Republic of Liberia. Instructed as sole counsel by the Republic of Liberia to defend a summary judgment application for the enforcement of a debt. 
  

Sushma also advises and acts in respect of disputes involving the sale of goods, both domestic and international.

Selected cases:

• Kingspan Environmental Limited and others –v- Borealis A/S & Borealis UK Ltd. Acted as second junior counsel (led by David Allen QC and James Brocklebank) in a large-scale multi-million pound dispute concerning the suitability and fitness for purpose of polyethylene raw materials sold to manufacturers for the production of green plastic oil tanks. 
• Instructed to settle pleadings in respect of a dispute involving the sale of a boat which raised various issues of agency.
• Sushma has advised buyers, particularly on the measure of damages, in a property dispute concerning their failure to complete under a contract of sale incorporating the Common Auction Conditions. 
  

Sushma also has experience acting in professional negligence disputes including the following:

Selected cases:

• Instructed to appear in a fast track trial concerning the liability of an engineer for the sinking of a boat left on a slipway after the engineer had carried out repairs to the boat’s engine. The trial involved issues of professional negligence, breach of contract and bailment. 
• Instructed to settle pleadings in respect of a claim in negligence and/or breach of contract brought by an insured against its insurance brokers.
• Advising buyers of land and drafting pleadings in a claim brought by the buyers against their former solicitors who acted for them in conjunction with the completion of the contract of sale. 
  

Another area of interest for Sushma is disputes involving issues of private international law, such as the following:

Selected cases:

• Kingspan Environmental Limited and others –v- Borealis A/S & Borealis UK Ltd. Acted as second junior counsel (led by David Allen QC and James Brocklebank) in a large-scale multi-million pound dispute concerning the sale of polyethylene raw materials for the production of green plastic oil tanks involving issues of choice of law, and in particular, whether Danish law was the law applicable to the claims brought by Kingspan, and if so, the scope and effect of Danish contract law. Issues arose in the case as to the effectiveness of terms limiting liability as a matter of Danish law, time bar as a matter of Danish law and the scope and application of the United Nations Convention on Contracts for the International Sale of Goods. During the 12 week trial before Mr Justice Christopher Clarke (May 2011 to July 2011), Sushma cross-examined the Danish law expert.
• Instructed on behalf of a foreign public insurance company in a negligence dispute involving issues of private international law. 
  

In October 2010 Sushma was cited by Legal Week as one of the "Stars at the Bar".