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Christian Dwyer

Global Head of Admiralty London T +44 (0) 20 7481 0010
christiandwyer@incegd.com

Department Energy & infrastructure, Maritime Education (University) Edinburgh University

Christian Dwyer

You, Christian Dwyer
& Ince, in any case

Christian is the Global Head of the firm’s Admiralty & Casualty Response team.  His practice covers shipping, energy & offshore and international trade.

Shipping

Christian is a shipping and offshore specialist and acts for a number of the world’s largest shipowners/operators, offshore contractors and hull, P&I, FD&D and energy insurers. He has extensive experience of  both ‘wet’  and ‘dry’ shipping. His practice covers the full range of admiralty work, including collisions, salvage, total losses, general average, wreck removal, pollution, liabilities, groundings and shipboard fires, as well as with complex multi-jurisdictional disputes.  His ‘dry’ practice encompasses the full scope of shipping related matters from Charterparty, bills of lading and cargo disputes to pool agreements, shipbuilding and ship conversions. In addition to working within the UK market, Christian is particularly active in Norway, Sweden, Denmark, Germany and India. 

Energy

Christian acts for a number of offshore energy contractors and operators. He advises on the construction and operation of state-of-the-art drill ships, offshore drilling units and production platforms. He has successfully dealt with a number of large-scale offshore construction disputes relating to issues involving design changes, cost overruns and warranty claims.

Christian regularly assists clients with the drafting and negotiation of commercial contracts for offshore drilling projects and he has also drafted bespoke turnkey supply and drilling contracts.

International Trade

Christian acts for commodity trading companies focusing on soft commodities.

He advises on all aspects of the sale and transportation of soft commodities and has dealt with numerous trade disputes ranging from contamination, shortage and late delivery claims to hedging issues. His expertise extends to trade arbitrations, including GAFTA and FOSFA.

In addition, Christian has drafted different types of sale, off-take, storage and joint venture agreements and has advised trader clients on their corporate structures.

Professional Associations and Memberships

Admiralty Solicitor Group

My testimonials and accolades

Christian Dwyer

“Christian Dwyer is a tough workhorse within the Admiralty team.”

- The Legal 500

My recent publications

Insights / Supreme Court collides with navigational rules

19-02-2021 / Maritime

Evergreen Marine (UK) Limited v. Nautical Challenge Ltd (Ever Smart c/w Alexandra I) [2021] UKSC 6

Supreme Court collides with navigational rules

Insights / New rules on witness evidence: is your statement compliant?

15-02-2021 / Maritime

Significant changes to the rules governing the preparation of witness statements will come into force on 6 April 2021. They will apply, with a few exceptions, to all trial witness statements signed on or after that date in Business and Property Court proceedings, although they will not apply to Admiralty Court proceedings until at the earliest 1 October 2020.

New rules on witness evidence: is your statement compliant?

Insights / Court finds state had no immunity in respect of salvage claim

23-12-2020 / Maritime

Argentum Exploration Limited v. The silver and all persons claiming to be interested in and/or to have rights in respect of the silver [2020] EWHC 3434 (Admty)

Court finds state had no immunity in respect of salvage claim

Insights / Cargo owners liable to pay contribution in general average in respect of ransom payment to pirates

08-12-2020 / Maritime

Herculito Maritime Ltd and others v. Gunvor International BV and others (mv Polar) [2020] EWHC 3318 (Comm)

Cargo owners liable to pay contribution in general average in respect of ransom payment to pirates

Podcasts / 'Collisions: why are they still happening?' webinar series

01-07-2020 / Maritime

Webinar series, 'Collisions: why are they still happening?', hosted by the Ince Admiralty team. The series of four webinars explore the COLREGS and why collisions are still happening, and considers calls for changes to the COLREGS to accommodate autonomous ships. These webinars use a combination of case studies, Q&A and technical insight.

'Collisions: why are they still happening?' webinar series

News / Court construes International Group’s standard LOI wording in context of charterparty chain

10-06-2020 / Maritime

Trafigura v. Clearlake and Clearlake v. Petrobras (Miracle Hope) [2020] EWHC 995 (Comm)

Court construes International Group’s standard LOI wording in context of charterparty chain

News / Ince partners with Sailors’ Society to champion seafarers as “key workers of the sea” supporting global supply chain

27-05-2020 / Maritime

27 May 2020, London: Ince, the international legal and professional services firm, has partnered with global maritime welfare charity Sailors’ Society, one of the largest seafarers’ support charities in the world, to raise awareness for the plight of seafarers. Dubbed the “key workers of the sea”, seafarers are particularly exposed to the effects of the Coronavirus outbreak.

Ince partners with Sailors’ Society to champion seafarers as “key workers of the sea” supporting global supply chain

News / Supreme Court has no jurisdiction over hull underwriters’ claims against mortgagee bank in vessel scuttling case

03-04-2020 / Maritime

Aspen Underwriting Ltd and others (Appellants) v. Credit Europe Bank NV (Atlantik Confidence) [2020] UKSC 11 In a decision that will be significant for marine and other insurers, the Supreme Court has found that the English courts did not have jurisdiction over claims brought by the hull underwriters of the vessel, Atlantik Confidence, as against the Dutch bank that was the mortgagee of the vessel and also the assignee of the insurance policy and the loss payee. The Supreme Court held that the bank was not bound by the exclusive English jurisdiction clauses in the policy or the settlement agreement with the vessel owners and managers. Nor could the underwriters rely on the special insurance provisions in the recast Brussels Regulation to establish English Court jurisdiction over their claims. The underwriters are now faced with the prospect of pursuing their claims against the bank in the Netherlands.

Supreme Court has no jurisdiction over hull underwriters’ claims against mortgagee bank in vessel scuttling case

News / A question of timing: errors, navigational or otherwise, made before or at beginning of voyage capable of rendering vessel unseaworthy

05-03-2020 / Maritime

Alize 1954 and CMA CGM SA v. Allianz Elementar Versicherungs AG & Others (CMA CGM Libra) [2020] EWCA Civ 293 In a unanimous judgment, a Court of Appeal panel of experienced shipping Lords Justice has upheld the decision of the Admiralty Judge, Teare J, in the CMA CGM Libra that a defective passage plan rendered the vessel unseaworthy and that the Owners’ claim for contribution in general average failed.

A question of timing: errors, navigational or otherwise, made before or at beginning of voyage capable of rendering vessel unseaworthy

News / General Average guarantee wording did not preclude actionable fault defence

12-11-2019 / Maritime

Navalmar UK Limited v. (1) Ergo Versicherung AG & (2) Chubb European SE (BSLE Sunrise) [2019] EWHC 2860 (Comm) The Court has rejected shipowners’ arguments that the wording of a standard form General Average (GA) guarantee, customarily issued by cargo insurers to secure the release of cargo in a GA situation, precluded the cargo insurers from pleading actionable fault as a defence to a GA contribution claim.

General Average guarantee wording did not preclude actionable fault defence

News / Court finds defective passage plan rendered vessel unseaworthy

04-04-2019 / Maritime

Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AG and others (CMA CGM Libra) 2019 EWHC 481 (Admlty)

Court finds defective passage plan rendered vessel unseaworthy

News / Court of Appeal confirms ship arrestor does not have to provide cross-undertaking in damages

24-01-2019 / Maritime

Stallion Eight Shipping Co SA v. NatWest Markets PLC (MV Alkyon) [2018] EWCA 2760 The Court of Appeal has upheld the Admiralty Court’s decision not to order an arresting party to provide a cross-undertaking in damages. In doing so, both the first instance and appellate court have confirmed the traditional position under English law, which is that there is no right to damages in circumstances in which an arresting party acts in good faith and without gross negligence, but is later unsuccessful in pursuing the claim.

Court of Appeal confirms ship arrestor does not have to provide cross-undertaking in damages

News / ‘What’s aught but as ‘tis valued?’: Mortgagee’s duties on sale of vessel

29-11-2018 / Maritime

Close Brothers Limited v. (1) AIS (Marine) 2 Limited (in liquidation) and (2) Mr Paul Simon Chandler [2018] EWHC B14 (Admlty) The Commercial Court has recently, in the context of the sale of a vessel, given helpful guidance on the extent of the duties owed by the mortgagee to the mortgagor when selling re-possessed property.

‘What’s aught but as ‘tis valued?’: Mortgagee’s duties on sale of vessel

News / The importance of getting parties’ names right when issuing proceedings

14-02-2018 / Maritime

Rosgosstrakh Limited v. (1) Yapi Kredi Finansal Kiralama AO and (2) Mehtap Denizcilik (MV Medy) [2017] EWHC 3377 (Comm) What happens if a party is wrongly named in a claim form in English court proceedings? Can the correct party be substituted, even if the limitation period has subsequently expired? In a recent case arising out of an incident that resulted in the sinking of a vessel, the Commercial Court has allowed the substitution.

The importance of getting parties’ names right when issuing proceedings

News / Towcon: meaning of "in light ballast condition"

26-01-2017 / Maritime

Regulus Ship Services v (1) Lundin Services and (2) IKDAM Production SA 2016 EWHC 2674 (Comm)

Towcon: meaning of "in light ballast condition"

News / Shipping E-Brief October 2016

19-10-2016 / Maritime

The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.

Shipping E-Brief October 2016

News / Can an owner accidentally lose the right to limit liability?

18-10-2016 / Maritime

Bahamas Oil Refining Company International v. Owners of Cape Bari Tankschiffahrts GmbH & Co KG (Cape Bari) [2016] UKPC 20 The Privy Council has recently confirmed that it is possible for a shipowner to contract out of his right to limit liability under the 1976 Limitation Convention. This is a decision of significance for the shipping industry as, should an owner inadvertently lose the protection of limitation, owners (and potentially charterers, should owners seek to be indemnified) risk facing large and unanticipated liabilities. 

Can an owner accidentally lose the right to limit liability?

News / Shipping E-Brief July 2016

08-07-2016 / Maritime

The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.

Shipping E-Brief July 2016

News / York-Antwerp Rules 2016: a welcome compromise after 22 years of controversy?

07-07-2016 / Maritime

On 6 May 2016, the Comité Maritime International (“CMI”) approved a revised version of the York-Antwerp Rules (YAR). This is the first such revision in 12 years and may prove to be a significant evolution of the rules used by general average adjusters. Although many aspects of the 1994 YAR remain, there are significant amendments (for example, to interest rates, adjustment procedure and the time limit for claims) that should be welcomed by supporters of the 2004 YAR.

York-Antwerp Rules 2016: a welcome compromise after 22 years of controversy?

News / Shipping E-Brief February 2016

17-02-2016 / Maritime

The Shipping E-brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.

Shipping E-Brief February 2016

News / Collision claims: check time extensions and draft settlement offers carefully

16-02-2016 / Maritime

The former Owners of the motor vessel “Melissa K” now named “Jasmine I” v. The former Owners of the motor tanker “Tomsk” subsequently named “Pure Energy” and now named “Thayer” [2015] EWHC 3445 (Admlty)

Collision claims: check time extensions and draft settlement offers carefully