Simon Culhane

Full Profile

Simon handles litigation before the Commercial and Admiralty Courts in London and before a number of London Arbitration Tribunals including in particular, the LMAA and LCIA. He also deals with soft commodity trade dispute cases before GAFTA and FOSFA Arbitration Tribunals and occasionally has been involved in international commercial arbitrations before the ICC.

Simon is frequently asked by leading insurers in the Japanese, Korean and European markets, to provide marine insurance coverage advice in respect of very high value losses, including those arising from major natural catastrophes and political disturbances. Simon has enormous expertise in claims arising out of the carriage of goods by sea, which have been at the heart of Simon's practice throughout his career, in particular representing marine insurers and trading companies in Japan.

Simon's cases include major casualties, total loss of vessel and cargo, charterparty disputes, general average, marine insurance coverage and trading/commodity contract problems particularly concerning soft commodities (soybeans, rice and sugar). In the course of the last 10-15 years Simon has handled a large number of piracy cases almost always representing the marine cargo insurance/cargo owner interest.

Simon is recognised by Legal 500 and Chambers & Partners as a recommended lawyer for shipping in London.

Experience

• "MAERSK TANGIER" - [2018] First ever English reported case on meaning of container limitation provision in the Hague-Visby Rules - advising successful subrogated cargo insurers in recovery claim for US$1.2m before the UK High Court and Court of Appeal
• "MOL COMFORT" – [2015] Advising multiple cargo insurers on the total loss of USD 300 million of cargo after "MOL COMFORT" broke in two, caught fire and sank in two sections, losing all 4,382 containers on board. This is the largest container vessel ever to be lost
• "ZHI QIANG" – [2014] Advising our client, marine cargo insurers, following a grounding on a well-chartered coral reef in clear weather in unexplained circumstances. The voyage was abandoned, and the ship and remaining cargo were salvaged, although a large amount of cargo was lost in order to refloat the vessel (loss amount USD 15 million)"
• PEC Ltd – [2014] Rice commodity dispute (USD 9 million) GAFTA Arbitration and on Appeal to the Commercial Court
• "BALTIC ACE" – [2012] Car carrier collision with "CORVUS J" in December 2012 (loss amount USD 35 million)
• "PRESTRIOKA" – [2003] 2 LLR 327. Cargo insurance coverage dispute (acting for Thai marine insurers) in phantom ship fraud case.  Judgment led to redrafting of  ICC change of voyage clause
• "SIBOTI" – [2003] 2LLR 365. Incorporation of Charterparty jurisdiction clause into bill of lading
• "MEGA S" – [2001] 2 Lloyd's Rep. 530 Certificates issued under cargo open cover – appropriate jurisdiction in case of conflict as to applicable law
• Fujitsu v. Bax Global – [2006] First ever English reported case on air carrier's loss of right to limit liability due to lack of Warsaw Convention Article 8 (c) notice, in Airway Bill
• Numerous insurance policy coverage advices arising out of the Thailand floods in October 2011