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William Blagbrough

Department Maritime, Commodities & trade, Commercial Disputes, Insurance Qualified 2009 Education (University) University of Durham Languages English

William Blagbrough

You, William Blagbrough
& Ince, in any case

Will handles and negotiates a variety of complex shipping and trade contracts and has a particular interest in the development strategy and framework around the “One Belt, One Road” (OBOR) initiative.

Previously seconded to a large international commodities trader, Will specialises in both contentious and non-contentious aspects of international trade including the sale of goods and commodities on various delivery terms (ranging from multi-year agreements to spot sales) and letters of credit.  In addition, he advises on all facets of charterparties, contracts of affreightment, bills of lading, cargo damage / loss claims both in relation to drafting and problem-solving/dispute resolution.

Will also has a dedicated legal practice dealing with corporate insolvencies, rescues, and enforcement of creditors’ rights . He advises companies generally, and shipping companies in particular, directors and creditors on issues or disputes that can arise both before and after the start of formal insolvency proceedings as well as enforcing security, working out charter party and shipbuilding contracts and advising on risk and liabilities in the shipping insolvency context.

Quote

My clients should not worry about the fine print, I want them to be able to focus on their business and let me deal with their legal issues.”

Professional Associations and Memberships

>  Law Society of England and Wales  

>  Law Society of Hong Kong

My matter highlights

>  Negotiating very substantial long term contracts of affreightment and asset purchases for various clients as part of the “One Belt, One Road” initiative – deals each worth many billions of US$;

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

>  Advising various creditors of STX Pan Ocean following Pan Ocean’s insolvency – disputes worth in excess of US$ 35 million – close to 100% recovery for clients by successfully keeping claims outside the Korean insolvency proceedings; 

>  Advising a major offshore contractor in its recovery of an US$ 8 million debt against assets of its debtor which had been frozen by the government in Hong Kong – 100% recovery for clients;  

>  Advising a major oil company in its claim against a large international bank following the bank’s refusal to honour a letter of credit to the value of US$ 50 million – 100% recovery of claim and legal costs for clients;

>  Advising a major commodities trader in its US$ 3 million claim against a Chinese state owned company for breach of a commodities sale/purchase contract - 100% recovery for clients in arbitration in Hong Kong;

>  Advising a leading bunker supplier on establishing business operations in HK and drafting their standard terms of business;

>  Advising various clients on their rights and options following the insolvency of Korea Lines Corporation.

My recent publications

News / BIMCO Non-Payment of Hire Clause for Time Charter Parties: Can an owner withdraw for a previous non-payment of hire?

02-12-2019 / Maritime

Quiana Navigation SA v Pacific Gulf Shipping (Singapore) Pte Ltd (Caravos Liberty) [2019] EWHC 3171 (Comm) The Court has upheld the decision of a tribunal that the Owners in this case were not entitled to rely on the BIMCO Non-Payment of Hire Clause for Time Charter Parties (“BIMCO Clause”) to withdraw the vessel from a time charter for a previous non-payment of hire.

BIMCO Non-Payment of Hire Clause for Time Charter Parties: Can an owner withdraw for a previous non-payment of hire?

News / ICC Incoterms 2020

13-09-2019 / Commodities & Trade

The International Chamber of Commerce (“ICC”) has announced the publication of Incoterms 2020. This is the first update to Incoterms since they were last revised in 2010. The new rules become effective from 1 January 2020.

ICC Incoterms 2020

Insights / The compensatory principle (re)applied by the Court of Appeal

18-07-2019 / Maritime

Classic Maritime Inc v. Limbungan Makmur SDN BHD & another [2019] EWCA Civ 1102 The Court of Appeal has upheld a Commercial Court finding that the effect of an exceptions clause in a contract of affreightment (“COA”) depended on its proper construction. It further found that the Commercial Court had misapplied the compensatory principle. The principle, properly applied, was to compare the financial position of the Owners following the Charterers’ breach of the COA with their financial position had the Charterers actually performed the COA, not their financial position had the Charterers been willing but unable to perform.

The compensatory principle (re)applied by the Court of Appeal

Insights / The 2020 Sulphur Cap. Are you ready?

10-06-2019 / Maritime

In a little over 6 months the MARPOL Annex VI sulphur cap for bunkers will come into effect. The new cap reduces the permissible sulphur content of fuel used on board vessels to 0.5% mm from 1 January 2020.

The 2020 Sulphur Cap. Are you ready?

Insights / Exclusion clause in bill of lading effectively excluded liability for damage to deck cargo

07-06-2019 / Maritime

Aprile SpA and others v Elin Maritime Ltd (Elin) 2019 EWHC 1001 (Comm)nbspIn this case, the Court found that a clause in a bill of lading excluding loss of or damage to the cargo howsoever arising was effective to preclude the Carrier's liability for damage to deck cargo

Exclusion clause in bill of lading effectively excluded liability for damage to deck cargo

Insights / Exceptions clause or contractual frustration provision? Not the same thing

29-11-2018 / Maritime

Classic Maritime Inc v. Limbungan Makmur SDN BHD [2018] EWHC 2389 (Comm) In this case, the Charterer failed in its attempt to excuse its non-performance under a contract of affreightment on the basis that a force majeure event – a burst dam that halted production at a Brazilian mine - had prevented it from shipping the relevant cargoes under the contract. However, the Owner could only recover nominal damages because even if the Charterer had been willing and able to perform its contractual obligations, the burst dam would have prevented its performance.

Exceptions clause or contractual frustration provision? Not the same thing

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 / Exclusive English jurisdiction clause in bill of lading leads to anti-suit injunction

25-06-2015 / Maritime

Hin-Pro International Logistics Ltd v Compania Sud Americana De Vapores SA 2015 EWCA Civ 401The Court of Appeal has confirmed the Commercial Court's finding that an English law and jurisdiction clause in a bill of lading was an exclusive jurisdiction clause and upheld the anti-suit injunction granted by the lower court

Exclusive English jurisdiction clause in bill of lading leads to anti-suit injunction

News / Shipping E-Brief Spring 2015

01-05-2015 / Maritime

The Shipping E-brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areasnbspSign up here to receive the E-Brief by email each quarterOur Spring edition of the Shipping E-Brief is full of articles dealing with topical shipping issues Download the E-Brief Spring (PDF)You can also subscribe to our podcasts with iTunes

Shipping E-Brief Spring 2015

News / Non-payment of hire - what (and how) can owners recover?

02-04-2015 / Maritime

Spar Shipping AS v. Grand China Logistics Holding (Group) Co. Ltd [2015] EWHC 718 (Comm) The Commercial Court has recently made some key findings of fundamental importance to the shipping industry.

Non-payment of hire - what (and how) can owners recover?