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Clare Birchenhough

Department Maritime, Insurance Qualified 2019 Education (University) Kings College London, Durham University Languages English

Clare Birchenhough

You, Clare Birchenhough
& Ince, in any case

Clare specialises in dispute resolution and has worked on both large and small scale disputes in the English Commercial Courts and appellate courts, as well as on various arbitrations. She sits on both the Shipping and Insurance teams.

Clare advises and acts for parties in court, as well as in arbitration proceedings under LMAA and LCIA Rules.  Her work is often high value and fast paced involving foreign jurisdictions and proceedings.  She has acted on several large-scale and high profile disputes.

As part of the Shipping team, Clare acts on all aspects of wet and dry shipping, specializing in admiralty matters such as collisions, fires, pollution, salvage and cargo claims.

As part of the Insurance team, her practice covers a broad range of insurance and reinsurance business lines, commercial litigation and contractual disputes.  She acts on both marine and non-marine matters.

Matter highlights

  • Advising the Owners of the Ever Smart in relation to a collision with a laden VLCC outside the port of Jebel Ali, reported at:

  • Nautical Challenge Ltd v. Evergreen Marine (UK) Limited [2019] 1 Lloyd’s Rep 130

  • Nautical Challenge Ltd v. Evergreen Marine (UK) Limited [2019] EWHC 163 (Admlty)

  • Advising an International Group P&I Club on War Risks coverage, where the insured owner has been deprived of use of the vessel.

  • Advising a major shipowner following a fire on a container vessel, including advising on salvage, cargo claims and indemnity actions. 

  • Acting for a shipowner and an International Group P&I Club with respect to actions brought by victims of accidental marine pollution with a total value of over €4billion, involving proceedings in several jurisdictions.

  • Filing a complaint in the European Court of Human Rights in relation to criminal proceedings brought against a seafarer.

  • Acting in an LCIA arbitration in London concerning the termination of a high value drilling contract.

  • Advising a private bank on D&O coverage with regards to disputed defence costs.

My recent publications

Insights / Misleading impression as to identity of carrier justifies time extension for misdelivery claim

29-07-2020 / Maritime

The Court has granted a time extension for commencing arbitration proceedings in a misdelivery claim in circumstances in which the correspondence between the Claimant and the ship interests’ lawyers resulted in a misleading impression as to the true identity of the carrier under the bills of lading.

Misleading impression as to identity of carrier justifies time extension for misdelivery claim