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Fionna Gavin

Joint Head of Insurance, Partner London T +44 (0) 20 7481 0010
fionnagavin@incegd.com

Department Maritime, Commercial Disputes, Commodities & trade Qualified 1997

Fionna Gavin

You, Fionna Gavin
& Ince, in any case

Fionna’s practice covers a wide range of shipping, insurance and trade matters. Whilst her focus is on dispute resolution in arbitration and the High Court, she also regularly advises on the drafting of contracts and on various regulatory matters, including sanctions and environmental regulation of shipping.

Shipping and Insurance

Fionna advises on disputes under an extensive range of shipping contracts, and on marine insurance coverage issues and subrogated claims.

She has advised and acted in relation to disputes under a broad variety of shipping related contracts, including charterparties, bills of lading; multi-party vessel and slot sharing agreements, COAs, pool agreements, bunker contracts and sale and purchase and ship repair contracts. Her clients include hull and liability underwriters, ship owners, charterers, P&I Clubs whom she has represented on the recovery and defence aspects of a number of major casualties. She advises on jurisdiction and limitation issues, frequently dealing with multijurisdictional disputes; the drafting and negotiation of shipping contracts and on regulatory issues. She also regularly acts for contractors servicing the shipping industry.

During her 25 years at the firm Fionna has spent 12 months with an International Group P&I Club and five months in the legal team of a leading Lloyd’s syndicate.

International Trade

Clients include commodity traders, miners and metal producers whom she has advised on a range of issues (both contentious and non-contentious) relating to the international sale and transportation of bulk commodities, with a particular focus on mineral and ore products.

My matter highlights

  • Acting for hull insurers and Owners in claims against Charterers in London arbitration proceedings for delay and reinstatement costs following damage to the tank coatings of a gas carrier.

  • Acting for owners in High Court proceedings in connection with the wrongful termination of a charterparty following the grounding of the vessel, resulting in owners suffering losses in excess of US$60 million

  • Acting for charterers and their liability insurers in London arbitration in defence of an unsafe port claim with damages claimed for the total loss of the vessel and wreck removal in excess of US$100 million.

  • Drafting numerous long term dry bulk COAs variously for Owners and Charterers, with freight value exceeding US$1 billion.

  • Advising various ship owners in respect of their potential liabilities following the insolvency of OW Bunkers and developing strategies to avoid double payment.

  • Acting for charterers and their liability insurers in connection with claims in excess of US$150,000 following the total loss of a container vessel alleged to be due to the shipment of dangerous cargo.

My recent publications

Insights / UK steps up sanctions regime and shipping must navigate carefully

23-09-2020 / Maritime

Following the UK’s departure from the EU, there have been some recent developments with regard to the approach of the UK to sanctions, including the issuance of guidance to the shipping industry on financial sanctions. We summarise some of these recent developments below.

UK steps up sanctions regime and shipping must navigate carefully

News / Maintenance cover under WELCAR considered - Munich Re Capital Ltd v Ascot Corporate Name Ltd [2019] EWHC 2768 (Comm)

31-03-2020 /

In its first decision on the WELCAR 2001 Offshore Construction Project Policy (“WELCAR) terms, the Commercial Court considered whether insurance cover for the 12 month “Maintenance Period”, would apply in circumstances where the construction phase intended to be covered by the “Project Period” had not yet been completed. The case highlights the need to ensure appropriate extensions of insurance cover have been obtained were construction is delayed beyond the period contemplated in the original policy and that any ancillary cover is clearly defined.

Maintenance cover under WELCAR considered - Munich Re Capital Ltd v Ascot Corporate Name Ltd [2019] EWHC 2768 (Comm)

News / BIMCO Sanctions Clauses for Time and Voyage Charter Parties 2020

16-03-2020 / Maritime

BIMCO has now released two new sanctions clauses for time and voyage charter parties to be used in all trades, except for container trades (where we understand a separate sanctions clause is under development).

BIMCO Sanctions Clauses for Time and Voyage Charter Parties 2020

News / Court of Appeal confirms EU Iran sanctions preclude sanctioned party’s entitlement to interest under arbitration award

11-03-2020 / Maritime

Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v. International Military Services Limited [2020] EWCA Civ 14 In a judgment handed down on 12 February 2020, the Court of Appeal has confirmed that the intention of EU Regulation 267/2012 extends to preventing a sanctioned party from claiming interest under an arbitration award for the duration that its contractual counterparty was prevented from making payment pursuant to the arbitration award as a result of the sanctions.

Court of Appeal confirms EU Iran sanctions preclude sanctioned party’s entitlement to interest under arbitration award

News / Supreme Court considers limitation under the Athens Convention

29-11-2018 / Maritime

Warner v. Scapa Flow Charters [2018] UKSC 52 The Supreme Court has clarified the scope, as a matter of UK law, of the time-bar provided for by Article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (the “Athens Convention”). The effect of section 18 of the Prescription and Limitation (Scotland) Act 1973 (the “1973 Act”), if the claim is brought on behalf of an individual who is a minor at the time of the incident giving rise to the claim, is to suspend the running of time for commencing an action until the claimant becomes an adult. Although a different limitation statute applies in England and Wales, the decision gives a strong indication of how similar cases might be decided here. There is considerable potential for this decision to prolong the period during which claims may emerge and be brought against the operators of ferries, cruise ships and other passenger vessels following fatal accidents.

Supreme Court considers limitation under the Athens Convention

News / Hague Rules time limit applies to misdelivery claims

02-10-2018 / Maritime

Deep Sea Maritime Ltd v Monjasa A/S (The Alhani) [2018] EWHC 1495 (Comm) The Court has held that a ship-owner, who had delivered the shipper’s cargo to a third party without production of the relevant bill of lading, could nonetheless rely on the one-year time limit in Article III Rule 6 of the Hague Rules to defeat the shipper’s claim for misdelivery.

Hague Rules time limit applies to misdelivery claims

News / Sanctions update

11-07-2017 / Maritime

A brief summary of some recent developments in international sanctions

Sanctions update

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 / US lifts ban on crude oil exports

16-02-2016 / Maritime

On 18 December 2015, the US government lifted a 40 year ban on the export of US crude oil. The ban was originally introduced in 1975 in response to the Arab oil embargo. The lifting of the ban is a result of the increase in US oil production in recent years, including the development of US shale oil production. US oil producers led the move to end the ban, arguing that maintaining the export ban would keep down domestic oil prices and this would eventually make drilling unprofitable.

US lifts ban on crude oil exports

News / Environmental regulation update

16-02-2016 / Maritime

IMO’s Ballast Water Management Convention and China’s Emission Control Areas Programme – beginning January 2016.

Environmental regulation update

News / Settlement offers: revised Part 36 comes into force

20-04-2015 / Maritime

CPR Part 36 contains a set of rules governing the making of settlement offers and provides certain costs advantages for claimants that act as an incentive to settle disputes early. A failure to comply with the strict requirements of Part 36 can, however, mean that an offer does not attract these costs advantages.

Settlement offers: revised Part 36 comes into force

News / EU v. IMO: Whose emissions legislation will prevail?

08-04-2014 / Maritime

Manzi and another v. Capitaneria di Porto di Genova Case C-537/11 As the EU and IMO emissions regulation legislation looks set to diverge even further, one owner fights back in the European Court of Justice, arguing that EU member states who are party to the IMO’s MARPOL Annex VI could not impose inconsistent EU requirements upon vessels flagged in other MARPOL Annex VI states.

EU v. IMO: Whose emissions legislation will prevail?

News / Contractual pitfalls relating to the Ballast Water Management Convention

21-01-2014 / Maritime

With the Ballast Water Management Convention 2004 (the “Convention”) likely to enter into force in the near future, the industry has understandably been focused on meeting its practical requirements. Nonetheless, the importance of considering the impact of the Convention on contractual arrangements should not be forgotten.

Contractual pitfalls relating to the Ballast Water Management Convention