Region Area

Lawyers

Michael Howard KC

Michael Howard KC

Position

Barrister and arbitrator specialising in commercial and shipping law, including carriage, trade, banking, charterparty, insurance and Admiralty law; considerable experience as arbitrator (several hundred appointments since 1983); qualified mediator; has given expert evidence on English law (oral or written) for several courts in Europe, Asia and America; junior counsel for the successful party in NYK v Karageorgis [1975] 1 WLR 1093, the case in which Mareva injunctions (freezing orders) were invented and appeared for the successful claimants in the Despina R [1979] AC 695 (HL), the case which established that damages for tort are recoverable in foreign currencies; in recent years balance of advocacy practice has been in arbitrations; litigation in court includes The Evpo Agnic [1988] 2 Lloyd’s Rep 411 (CA), Admiralty jurisdiction; The Inez [1990] 2 Lloyd’s Rep 390 (CA), collision; The Y Mariner [1994] 2 Lloyd’s Rep 595, collision; The Lok Vivek [1995] 2 Lloyd’s Rep 230, collision; The Herdentor (1996) (unreported) (noted 1996 3 Int ML 75), construction of Towcon charterparty; recent cases include: shipping – Admiralty: 2 formal investigations into the loss of The Derbyshire; shipping – marine: Bergen v Dalmore Product (ship repair arbitration, ship sale arbitration); common law – general: Mamidoil-Jetoil v Okta Petroleum [2000] 2 Lloyd’s Rep 76 (supply contract); litigation – commercial: The Epsilon Rosa [2002] 2 Lloyd’s Rep 701; The Byzantio [2005] 1 Lloyd’s Rep 53; Advent Capital PLC v GN Ellinas Imports/ Exports Limited [2005] 2 Lloyd’s Rep 607; Linsen v Humpuss [2010] EWHC 303; The Baltic Navigator [2012] 2 Lloyd’s Rep 388; The Eugenia [2017] 2 Lloyd’s Rep 186.

Career

Called 1971; Gray’s Inn (Bencher 1996); QC 1986; in practice at Bar 1972 to date. Recorder of the Crown Court (1989–), Lloyd’s Salvage Arbitrator 1987-2009, many other appointments as arbitrator (sole or panel member) ad hoc, or in arbitrations under auspices of ICC, LCIA or LMAA; accredited mediator; bencher, Gray’s Inn.

Leader of Admiralty Bar from 2000.

Visiting Professor of Maritime Law, University College, London 1996-2000; Visiting Professor of Maritime Law, Tulane University 2011–;

Publications: Books Jt author: Foreign Currency: Claims, Judgments, Damages (2016) Jt Editor, latterly Editor in Chief: Phipson on Evidence (1972-2005) Contributor: Frustration and Force Majeure (2nd ed McKendrick) Contributor: Essays on Contract (ed Rose) 1996 Contributor: Butterworths’ Commercial Court & Arbitration Pleadings (2005); Contributor: Halsbury’s Laws of England (Title, Damages) Contributor: Palmer on Bailment 3rd ed 2010

Articles Valuation in Salvage Cases [1975] 91 LQR 502 Floating Choice of Law Clauses [1995] LMCLQ 1 CTL: Hit and Miss in the Supreme Court [2020] LMCLQ 433

Notes and reviews in legal periodicals

Memberships

COMBAR; Member of editorial board, Lloyd’s Maritime and Commercial Law Quarterly; formerly Member of the Council of the London Shipping Law Centre

Education

Clifton College; Magdalen College, Oxford (1968 BA; 1970 MA; BCL).