Philip Shepherd specializes in commercial litigation and arbitration often involving International aspects. His practice focuses on private international law, particularly aviation, conflicts of law, international jurisdiction disputes, product liability and cases involving the application of foreign laws.

The reported cases in which he has appeared as counsel speak for themselves.

Philip was counsel for a group of travel agents who claimed arrears of commission from Pakistan International Airways and recently succeeded in obtaining a judgment which is now the leading case on when otherside lawful actions can nonetheless amount to economic duress (see Times Travel Ltd v PIAC [2017] EWHC 1367 (Ch)).

Philip appeared for the successful Respondent in the Patel v Mirza [2016] UKSC 42 appeal before a panel of 9 Supreme Court Justices. This was convened by Lord Neuberger the President of the Supreme Court – due to the current division in the Supreme Court as to the approach the law should adopt as to when and how illegality should inhibit restitutionary contractual or tortious remedies.

He acts as counsel and arbitrator in commercial arbitrations. For example, Philip was counsel in the leading case on the confidentiality of arbitration, Emmott v Michael Wilson and Partners [2008] AER 162.  There have been many other reported cases related to this arbitration over the last 12 years.  The latest is the leading case on third party debt orders (see [2018] EWHC 1496 (Comm)).  This dispute has also produced a leading case on the scope of arbitration clauses, abuse of process and anti-suit injunctions in support of arbitration (see [2018] 1 Lloyd’s Rep 299).

Philip was counsel in the House of Lords for Simon Mann in the claim for damages arising out of an alleged coup d’etat in President of Equatorial Guinea v Logo Ltd [2007] QB 846: the leading case on the justiciability and enforceability of foreign public and penal laws outside the territory of a foreign sovereign state and also in Islamic Republic of Iran v Barakat Gallery [2008] 1 AER 1177 a claim concerning allegedly looted works of art

Philip is recognised as a specialist in aviation law particularly aircraft finance, leasing, insurance and product liability. He recently appeared as counsel in ACG Acquisition XX LLC v Olympic Airlines [2012] EWHC 1070 (Comm), the first case to examine in detail the structure and construction of aircraft operating leases and the respective rights and obligations of lessor and lessee when the aircraft in question was not airworthy at delivery. Olympic Airways have recently been granted leave to appeal to the Court of Appeal.

In Jet2.com v Blackpool Airport Limited [2012] EWCA Civ 417 in which Philip acted for Jet2.com the Court of Appeal examined the meaning of best endeavours and reasonable endeavours in the context of a 15 year airport services contract upholding a first instance Judgment [2011] EWHC 1529 (Comm) in favour of Jet2.com.

In Blue Sky One Ltd and ors v Mahan Air [2009] EWHC 3314 the Court considered issues relating to title to 3 Boeing 747 aircraft in the context of United States sanctions against Iran. In the same case [2010] EWHC 631 the court considered the measure of damages for conversion of the 3 aircraft and the enforceability of aircraft mortgages applying the lex situs rule. Philip is acting in connection with crash of AF 447. He has recently been instructed by a consortium of leading Beijing law firms to act for Chinese claimants arising out of the loss of MH 370. The loss of this aircraft must rank as one of the greatest unsolved mysteries in the history of commercial aviation.

Philip was invited to act as an advocacy trainer at the 2016 Singapore Law Society Litigation Conference in April 2016. In 2011 & 2012 Philip chaired the Butterworths Aviation Finance and Regulation Conference in London. Philip was a speaker at seminars held in London and New York in June 2012 examining the consequences for financiers lessors and lessees of ACG Acquisition XX LLC v Olympic Airlines.

Philip acts as mediator and arbitrator in aerospace disputes throughout the world – he was recently appointed arbitrator in a New York aviation arbitration by the American Arbitration Association. Philip is a member of the Royal Aeronautical Society Panel of Mediators and Arbitrators.

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Areas of experience

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  • Arbitration

    Philip has extensive arbitration experience, both as counsel and arbitrator, under a number of different arbitral systems including ICC, UNCITRAL, LCIA and IATA rules. For example, he was counsel in what is now the leading case on the confidentiality of arbitration: Emmott v Michael Wilson and Partners 2008 AER 162.

    Philip is a member of the Oman British Lawyers Association and is Chair of the Middle East Interest Group on the International Committee of the Bar Council.

    Arbitration is confidential – listed below are some reported cases concerning arbitration in which Philip has appeared as counsel:

    • Recently succeeded in obtaining and continuing a Freezing Order in a claim concerning the enforcement of a London arbitration award in a dispute concerning the leasing of a fleet of helicopters to a Colombian operator.
    • Recently acted as counsel in an arbitration in Jordan between a Dubai Property conglomerate and Lebanese interests.
    • Michael Wilson & Prs v John Forster Emmott [2011] EWHC 1441 (Comm): Court of Appeal held that the arbitration award could not be overturned for serious irregularity. The tribunal had refused to deal with issues not pleaded. This case also underlines the fact that challenges for serious irregularity under s68 Arbitration 1996 Act require claimants to identify in the claim form the part/s of the award challenged and the nature of the substantial injustice said to have resulted from the serious irregularity. Leave to appeal was refused and indemnity costs awarded.
    • John Forster Emmott v Michael Wilson and Partners [2009] EWHC 1: First case on enforcement of peremptory orders issued under section 42 of the Arbitration Act 1996 ordering the Defendant to hand disputed shares over to the Tribunal pending resolution of a shareholders dispute. The Court accepted Philip’s argument that the court should not review the basis for the making of the peremptory order by the Tribunal and that the proper role of the Court was to support the arbitral process rather than review it.
    • Emmott v Michael Wilson & Partners [2008] EWCA Civ 184(Comm): Philip appeared in the leading case on breach of confidence in national and international arbitrations. The court held that, although it is established under English law that arbitration is private and confidential, there are exceptions and the courts can override confidentiality in the interests of justice to allow arbitral proceedings to be disclosed to a domestic or foreign court.
    • Econet Satellite Services Ltd v Vee Networks Ltd [2006] APP LR 07/13, [2006] EWHC 1664 concerning the conflict between the UNCITRAL rules which governed the claim and the ICC rules which governed the counterclaim. There was also an issue as to whether the arbitrators had jurisdiction to deal with set off under a separate contract.
    • Danae Air Transport v Air Canada 2000 1 WLR 395: This is the leading case on the jurisdiction to correct an arbitral award where an arithmetical error had led the Arbitrators to miscalculate the effects of setting of the counterclaim against the claim and thereby making the wrong order for costs.

    Philip was also recently appointed as an arbitrator concerning a joint venture dispute.

  • Aviation

    Philip has specialized in aviation law since 1985 including insurance, product liability, finance and leasing, EC competition and regulation, air accidents, carriage by air, arrest of aircraft, CAA and regulatory issues, aircraft sales and purchase transactions. Philip has substantial experience of cases concerning the effect of sanctions on commercial contracts, particularly on finance and operating leases.

    Philip specialises in claims relating to civil and military helicopters including product liability, insurance, accidents and financing. He acted for the owners and pilot in the accident in which Matthew Harding the Vice Chair of Chelsea FC and all on board lost their lives for Bristow Helicopters in accidents in the North Sea and related product liability claims. He is currently working on litigation concerning the leasing of a fleet of helicopters to a Colombian operator.

    Long recommended by Legal 500 and Chambers & Partners in this area, Philip has acted as counsel in nearly all the significant aviation and travel cases in recent years:

    • Recently succeeded in obtaining and continuing a Freezing Order in a claim concerning the enforcement of a London arbitration award in a dispute concerning the leasing of a fleet of helicopters to a Colombian operator.
    • Recently involved in a case concerning the due diligence condition precedent in the standard AVN 1 C aviation hull and liability policy.
    • Currently instructed on case concerning title to three regional aircraft involving three jurisdictions and their applicable regulations
    • Olympic Airlines liquidation: Philip was acting for the liquidator of Olympic Airlines.
    • Travelworld Vacations Ltd v Monarch Airlines Ltd: The claimant asserted that an implied umbrella contract prevented Monarch Airlines from withdrawing from negotiations and declining to enter into further seasonal contracts. Philip succeeded in persuading the Commercial Court that the necessity test, required in cases of implied contract, had not been satisfied.
    • In Credit Suisse A.G. v Arabian Aircraft & Equipment Leasing Co EC and others [2013] EWCA Civ 1169 Philip acted for the successful appellants in the Court of Appeal in a case where the appellants had been given only conditional leave to defend even though the Respondent applied for summary judgment on a basis that had not been pleaded. The case concerned a finance lease that provided for a number of different remedies in the event of default by the lessee including a procedure for valuation of the aircraft concerned by the lessor appointing 3 expert valuers to determine the fair market value. Having pleaded one basis for the assessment of damages the Court of Appeal unanimously held that it was not permissible for the Respondent to advance a different basis that had neither been implemented so as to determine fair market value or pleaded.
    • ACG Acquisition XX LLC v Olympic Airlines [2012] EWHC 1070 (Comm): This is the first case to examine in detail the structure and construction of aircraft operating leases and the respective rights and obligations of lessor and lessee when the aircraft in question was not airworthy at delivery. Olympic Airways were granted leave on 30th July 2012 to appeal to the Court of Appeal.
    • Jet2.com Ltd v Blackpool Airport Ltd [2011] EWHC 1529 (Comm): Philip acted with Adam Cloherty for Jet2.com Ltd and obtained a judgment successfully proving breach of contract by Blackpool Airport for unilaterally ceasing to accommodate flights outside normal hours.
    • (1) Mahan Air (2) Blue Sky Airways Company FZE v Blue Sky One Ltd & Ors 2011 EWCA Civ 544: the court can still impose conditions even after leave to appeal has been granted. In arguing against an order for security for costs, a party must make full and frank disclosure of all its lines of finance – direct, shareholders, ability to raise credit etc.
    • Blue Sky One Ltd & Ors v Blue Airways LLC/PK Airfinance US Inc v Blue Sky Two Ltd & Ors [2009] EWHC 3344 (Comm): Dispute concerning a series of transactions that made B747 aircraft available to an Iranian airline under a structure which was aimed at avoiding breach of US sanctions against Iran. The case considered whether there were trusts of the aircraft and the validity of back-dated bills of sale. A Blue Sky case note is available.
    • Blue Sky One Ltd & Ors v Mahan Air [2010] EWHC 631: Having won the liability trial the second phase concerned complex damages and set off issues and if the aircraft not delivered up the owners were entitled to market value of aircraft or some lesser measure and whether damages were to be reduced on the basis that contracts were frustrated by US sanctions and whether the mortgages over the B747 aircraft were effective by applying the lex situs or the lex registrii and whether the doctrine of renvoi could be invoked.
    • ACG Acquisition XX LLC v Olympic Airlines SA [2010] EWHC 923 (Comm)(Hamblen J) 24/4/2010: Philip successfully defended an application by the Claimant for summary judgment in respect of unpaid rent. The court held that (a) the Claimant could not rely upon a signed certificate of acceptance to preclude the Defendant from maintaining a claim. Clear words would be required (b) the failure by the Claimant to deliver the aircraft in airworthy condition was fundamental. The Defendant had a good arguable case that there had been total failure of consideration or alternatively that the fundamental failure went straight to the heart of the Claimant’s claim for rent.
    • Sunrock Aircraft Corporation -v- SAS [2007] AER 153/ [2007] EWCA Civ 882: This was a dispute concerning return conditions under a series of operating leases. The Court of Appeal held that the defendant airline was not responsible under its lease with the claimant for the diminution in value of the life-limited parts of an aircraft’s engine and for two scab patches that had occurred on the fuselage.
    • Ryan Air v SR Technics (2006): £12m case for Ryanair aganst SR Technics, the former maintenance arm of Swissair, who managed to cause serious damage to 10 Ryanair aircraft. They used the wrong tools when scraping out sealant before re-painting, thereby damaging large parts of the airframe. Some aircraft are complete write offs.
    • Manufacturers Life Insurance Corporation -v- Employers Reinsurance Corporation 2004: Aviation Carve out reinsurance – dispute as to coverage and construction of Lloyds slip retrocession policy
    • Bristow Helicopters Ltd -v- Sikorsky Aircraft Corporation and 46 0thers 2004 EWHC 401 (Comm): Claim for declaration of non liability by carrier against passenger and crew dependants of 11 persons killed in helicopter accident preventing them from suing in the USA – held by the Court to be an entirely legitimate tool to fix the timing and venue of potential trans-national litigation
    • Air Foyle Ltd -v- Center Capital Ltd [2003] 2 Lloyds Rep 428: Dispute as to ownership of Russian registered Antonov 124-100 cargo aircraft Validity of competing titles under Russian and Dutch law and whether the lex situs or the lex registrii should apply.
    • Laura Leasing Ltd -v- British Aerospace Airbus Plc and Aircraft Braking Systems Inc [2003]: Claim for $21m cost of repairs of A340-300 after crash landing at Heathrow due to landing gear failure when torque pin falls out of ABS braking system after take off from Los Angeles.
    • Amiri Flight Authority -v- BAE Systems Plc & Crossair [2003] 1 Lloyd’s Rep: Microbiological contamination of aircraft fuel leading to corrosion of BAE 146-100 wings – whether manufacturers owe duty of care to maintainers
    • Glen & Ors -v- Korean Airlines Company Ltd [2003] QB 1386: Crash of Boeing 747 cargo aircraft on to village near end of Stansted runway -whether damages for psychiatric Injuries recoverable for ground victims under s76 Civil Aviation Act 1982
    • Asia Sat-v- Lloyds underwriters 2002: Satellite insurance extent of recovery available for launch damage of telecoms satellite – whether loss of profit recoverable
    • Western Digital Corporation v British Airways [2001] QB 733: Leading case on who can sue the carrier – whether carrier liable only to parties named in air waybill -ingredients of notice of claim under Warsaw Convention
    • Messier Dowty Ltd -v- Sabena SA 2001 1 AER 275: $50m product liability claim arising out of collapse of undercarriage on landing of Airbus aircraft at Brussels The leading case on negative declarations and the circumstances where a party domiciled in another Member State can be joined in English proceedings applying Article 6 of the Brussels Convention. Review of the law in relation to negative declarations in cases involving jurisdiction disputes.
    • Nugent and Killick -v- Michael Goss Aviation [2000] 2 Lloyd’s Rep 222: Whether action brought in England by carrier seeking declarations that any liability was to be determined in England applying English law under the Private International Law Act 1995 against dependants of passengers and crew killed in an accident who may otherwise have brought proceedings in the USA was properly brought – whether prospect of higher damages for dependants in USA justifiable or amounted to forum shopping. Helicopter crash involving the death of Mathew Harding director of Chelsea F.C. claim for £59 m – largest ever made in the UK – wilful misconduct action against pilot successfully struck out and liability limited to £80,000. Claimants petition to House of Lords dismissed. Leading case on Article 25 of the Warsaw Convention.
    • The Secretary of State For The Environment, Transport & The Regions v The International Air Transport Association [2000] 1 Lloyd’s Reports: Acting for the Secretary of State in challenge by IATA to legality of EC directive removing limits of Warsaw Convention for EC carriers, including possible referral to European Court.
    • Applied Implant Technology -v- Lufthansa [2000] 2 Lloyd’s Rep 46: Warsaw Convention – computation of liability limit – whether weight of all packages to be taken into account under Article 22(2) (b).
    • Association of British Travel Agents -v- British Airways, Virgin and Lufthansa [2000] 2 Lloyd’s Rep 209: Acting on behalf of over 7000 of U.K.’s travel agents. Attempt by airlines to change agents’ commission arrangements in respect of passenger service charge successfully declared unlawful on construction of standard IATA contracts.
    • Danae Air Transport SA -v- Air Canada 2000 1 WLR 395: claim for damages on wrongful termination of IATA General Sales Agency
    • Sidhu v British Airways [1997] Appeal Cases 430. House of Lords: The leading case establishing the exclusivity of Warsaw Convention as a cause of action. Instructed on behalf of B.A.

     

    Philip is a member of the, the European Air Law Association, the International Bar Association Air Law Committee and the Royal Aeronautical Society.

    He was a speaker at the 2010 European Air Law Association Air Finance Conference in Copenhagen. Philip leads the Aviation and Travel Group at XXIV Old Buildings.

    Philip Shepherd QC has extensive experience as arbitrator and as counsel on aviation arbitration and acts as mediator in aviation related disputes.

  • Civil Fraud, Asset Tracing & Recovery

    Philip has extensive experience of fraud litigation often with a multi jurisdictional element and applications for preservation and tracing of assets, allegations of sham agreements and structures and arrangements designed to avoid sanctions in particular against Iran. He is recommended in this area by Legal 500 2019 and Chambers & Partners 2019:

    • Blue Sky One Ltd & Ors v Blue Airways LLC/PK Airfinance US Inc v Blue Sky Two Ltd & Ors [2009] EWHC 3344 (Comm): Dispute concerning a series of transactions that made Boeing 747 – 400 aircraft available to an Iranian airline under a structure which was aimed at avoiding breach of US sanctions against Iran. Examination of the law of sham in a commercial context. A Blue Sky case note is available.
    • Emmott v Michael Wilson & Partners [2008] EWCA Civ 184 and [2009] EWHC 1 (Comm): Shareholders dispute involving allegations of fraud and directors breach of fiduciary duty and claims under shareholders agreement involving related litigation in the BVI, Bahamas, Switzerland and Australia concerning a BVI company operating in Kazakhstan.
    • Republic of Equatorial Guinea v Systems Design Limited and Others 2007 QB 846: This case related to an alleged coup on the part of Simon Mann, Sir Mark Thatcher and others. Claims brought by sovereign state for damages for conspiracy arising out of attempted coup not justiciable before the English Courts so struck out. Claim by the President of the Republic of Equatorial Guinea based on the alleged tort of intentional wrongdoing where no physical or psychiatric injury suffered misconceived in law also struck out.
    • Tavoulareas -v- Tsavliris 2004 EWCA Civ 48 & Lloyds Law Reports Vol 1 2004 445: Conflict of laws involving determination of which court was first seised for the purposes of Article 21 of the Brussels Regulation where defendant had commenced proceedings in Greece seeking declaration of non liability in dispute concerning financing of salvage of a ship. Case concerned allegations of an agreement to between ship and salvor to share salvage award.
  • Commercial Litigation

    Philip’s work covers a wide range of commercial disputes, including commercial fraud, shareholder disputes, and product liability. He is admitted to the Bar of the Eastern Caribbean and appears in Courts in the British Virgin Islands. Philip has particular experience in:

    • private international law involving conflicts of laws, international jurisdiction disputes and cases involving the application of foreign laws.
    • US and EU sanctions against Iran and Russia and dealing with the US government agencies responsible for enforcing them.
    • disputes concerning accountancy, including professional negligence. Philip has recent experience of cross examining accountants in a complex multi-jurisdictional company/ share valuation dispute.
    • cases concerning the effect of sanctions on commercial contracts.

     

    Recent cases include:

    • Instructed by a consortium of major Chinese law firms formed by the Beijing Lawyers Association at the behest of the Chinese Government  in a high profile case representing multiple claimants in a  multi jurisdiction dispute that involved conferences and negotiations in Beijing and in Hong Kong.
    • Instructed in a long running multi-jurisdictional partnership dispute that will culminate in an application to appoint liquidators over a BVI company after 10 years of litigation and arbitration.
    • Michael Wilson and Partners Limited v Thomas Ian Sinclair and Ors Appeal No 2012/2616 – 9 December 2013: Philip Shepherd QC, representing John Forster Emmott, successfully opposed the application of Michael Wilson and Partners Limited to reinstate an appeal that had been stayed and struck out for non-compliance within the time specified by the Court of Appeal for provision of security for costs of an appeal. Lewison LJ said that litigants who failed to comply on time with Court orders and whose default was more than trivial had to understand that under the new CPR 3.9, and following the decision of the Court of Appeal in Andrew Mitchell MP v News Group Newspapers, a sea change had taken place in the attitude of the Courts.
    • Travelworld Vacations Ltd v Monarch Airlines Ltd: The claimant asserted that an implied umbrella contract prevented Monarch Airlines from withdrawing from negotiations and declining to enter into further seasonal contracts. Philip succeeded in persuading the Commercial Court that the necessity test, required in cases of implied contract, had not been satisfied.
    • In Credit Suisse A.G. v Arabian Aircraft & Equipment Leasing Co EC and others [2013] EWCA Civ 1169 Philip acted for the successful appellants in the Court of Appeal in a case where the appellants had been given only conditional leave to defend even though the Respondent applied for summary judgment on a basis that had not been pleaded. The case concerned a finance lease that provided for a number of different remedies in the event of default by the lessee including a procedure for valuation of the aircraft concerned by the lessor appointing 3 expert valuers to determine the fair market value. Having pleaded one basis for the assessment of damages the Court of Appeal unanimously held that it was not permissible for the Respondent to advance a different basis that had neither been implemented so as to determine fair market value or pleaded.
    • Philip acted for the claimant in Patel v Mirza [2013] EWHC 1892 (Ch), a case where money had been paid to the Defendant under a spread betting scheme where the Defendant claimed he had access to inside information that in the event never became available. This case explored the extent to which illegality will bar recovery where the unlawful object is not carried out and the doctrine of “locus poenitentiae”. The Court refused to grant relief on the basis of unjust enrichment or total failure of consideration but gave permission to appeal to the Court of Appeal. Philip recently appeared in the appeal acting for the Respondent before a panel of 9 Supreme Court justices. This was convened by Lord Neuberger the President of the Supreme Court due to the current division in the Supreme Court as to the approach the law should adopt as to when and how illegality should inhibit restitutionary contractual or tortious remedies.
    • Philip acted for insurers Novae Syndicates Limited in a successful appeal where the trial judge had awarded them only half their costs on a basis not argued or advanced by any party and on which therefore Novae had had no opportunity either to be heard or to address argument and even though they had succeeded in establishing a breach of warranty on part of the insured – see United Marine Aggregates Ltd v G M Welding & Engineering Ltd & Ors [2013] EWCA Civ 516.
    • Philip appeared in Michael Wilson & Partners Ltd v Sinclair & Ors [2012] EWHC 2560 (Comm) on a successful application to strike out claims based on accessory liability where the claims against the alleged principal wrongdoer, that had previously been subject of arbitration, had failed. Teare J held that the doctrine of abuse of process applied even where the previous decision was that of an arbitral tribunal between different parties and that it would be manifestly unfair to allow such claims to be re-litigated.
    • Blue Sky & Anor v Mahan Air & Ors [2010] EWHC 128 (Comm): deliberate conduct by a individual or company official which is not accidental and in knowledge of the facts rendering the conduct a breach of the relevant order will result in an order for contempt.
    • Blue Sky One Ltd & Ors v Blue Airways LLC/PK Airfinance US Inc v Blue Sky Two Ltd & Ors [2009] EWHC 3344 (Comm): Dispute concerning a series of transactions that made Boeing 747 – 400 aircraft available to an Iranian airline under a structure which was aimed at avoiding breach of US sanctions against Iran. The case reviewed inter alia the law on sham transactions in a commercial context and whether oral agreements varied or supplemented written agreements. A Blue Sky case note is available.
    • Blue Sky One Limited v Chartis Insurance UK Limited and others 2009 Folio 1528: claim arising out of theft of B747-400 – whether policy avoided for misrepresentation and non disclosure – whether aircraft being operated in breach of US sanctions – whether insurers entitled to avoid against AVN 67B finance party
    • Obsessions Limited v Hi Lite Electrical Limited: Liability insurance claim against electrical contractors and business interruption claim following fire – measure of damages where judgment given in contract not in tort.
    • Emmott v Michael Wilson & Partners [2008] EWCA Civ 184 and [2009] EWHC 1 (Comm). Shareholders dispute involving allegations of directors breach of fiduciary duty and claims under shareholders agreement involving related litigation in the BVI, Bahamas, Switzerland and Australia.
    • Islamic Republic of Iran v Barakat Gallery 2008 1 AER 1177: Leading case on enforceability of foreign public and penal laws outside the territory of a foreign sovereign state.
    • International Investments House Co LLC v Westminster Oil & Ors (BVI): This BVI judgment of 15th January 2009 applies the Duomatic principle on informal agreements to vary the articles of a company for the first time in the BVI and estoppel by representation in a dispute concerning a BVI company operating in oil exploration in Kazakhstan.
    • Thames Valley Power Ltd v Total Gas and Power Ltd [ 2006] 1 Lloyds Rep 441: Whether force majeur clause in contract for supply of gas to London Heathrow Airport was triggered by substantial increase in price of gas under supply contract with a price ceiling far below current market price.
    • Group Litigation by 700 claimants v Scania 2007: Philip successfully defended Scania in a product liability claim in respect of alleged faulty design of Scania lorries operating throughout the UK.
    • Boston Life Insurance Company BVI v Numerous Policyholders 2007: whether insurers entitled to terminate cover for professional liability insurance due to scheme being investigated by US tax authorities – insurers seeking declarations of non liability.
    • Box Clever (2005/6): Litigation regarding the securitization of the future projected income stream of Box Clever following the merger of Radio Rentals and Granada. Unbeknown to the note holders but known to the issuer, Box Clever had been in dire financial straits at time of the securitization. The case concerned the respective roles and responsibilities of the Joint Lead Managers.

     

    Philip is involved in two cases concerning the application of Colombian law and recently visited Bogotá for that purpose.  The first concerns Colombian law applicable to cultural heritage.  The second relates to enforcement of a London arbitration award against a Colombian company in Colombia and London.

    Philip has written an article on “Economic Torts after Douglas v Hello” in conjunction with Edward Cumming.

  • International & Offshore

    Philip Shepherd has particular experience in private international law involving conflicts of laws, international jurisdiction disputes and cases involving the application of foreign laws. His expertise also encompasses US sanctions against Iran and dealing with the US government agencies responsible for enforcing them.

    • Blue Sky One Ltd & Ors v Blue Airways LLC/PK Airfinance US Inc v Blue Sky Two Ltd & Ors [2009] EWHC 3344 (Comm): Dispute concerning a series of transactions that made Boeing 747 – 400 aircraft available to an Iranian airline under a structure which was aimed at avoiding breach of US sanctions against Iran. A Blue Sky case note is available.
    • International Investments House Co LLC v Westminster Oil & Ors (BVI): This BVI judgment of 15th January 2009 applies the Duomatic principle for the first time in the BVI and estoppel by representation.
    • Islamic Republic of Iran v Barakat Gallery 2008 1 AER 1177:Leading case on enforceability of foreign public and penal laws outside the territory of a foreign sovereign state.
    • Republic of Equatorial Guinea v Systems Design Limited and Others 2007 QB 846: This case related to an alleged coup on the part of Simon Mann, Sir Mark Thatcher and others. Claims brought by sovereign state for damages for conspiracy arising out of attempted coup not justiciable before the English Courts so struck out. Claim by the President of the Republic of Equatorial Guinea based on the alleged tort of intentional wrongdoing where no physical or psychiatric injury suffered misconceived in law also struck out.
    • Tavoulareas -v- Tsavliris 2004 EWCA Civ 48 & Lloyds Law Reports Vol 1 2004 445. Conflict of laws involving determination of which court was first seized for the purposes of Article 21 of the Brussels Regulation where defendant had commenced proceedings in Greece seeking declaration of non liability in dispute concerning financing of salvage of a ship.
    • Bristow Helicopters Limited –v- Sikorsky Aircraft Corporation Inc and 46 Others 2004 EWHC 401 (Comm): Whether action brought in England by carrier seeking declarations that any liability was to be determined in England applying English law under the Private International Law Act 1995 against dependants of passengers and crew killed in an accident who may otherwise have brought proceedings in the USA was properly brought – whether prospect of higher damages for dependents in USA justifiable or amounted to forum shopping.
    • Messier Dowty v Sabena SA 2001 1 AER 275: The leading case on negative declarations and the circumstances where a party domiciled in another Member State can be joined in English proceedings applying Article 6 of the Brussels Convention. Review of the law in relation to negative declarations in cases involving jurisdiction disputes.
    • The Secretary of State For The Environment, Transport & The Regions v The International Air Transport Association [2000] 1 Lloyd’s Reports: Acting for the Secretary of State in challenge by IATA to legality of EC directive removing limits of Warsaw Convention for EC carriers, including possible referral to European Court.
  • Mediation

    Philip Shepherd QC is a qualified mediator with considerable experience of negotiated settlements. He has recently been made a member of the Royal Aeronautical Society Panel of Mediators and Arbitrators.

    Details of his experience can be obtained either from his website profile or by contacting Sue Medder, 020 7691 2424 or sue.medder@xxiv.co.uk.