Your are here: Home >> Personnel >> Christopher Dunn
Christopher Dunn
|
Christopher Dunn
Managing Partner
Email (Business card)
Law Society roll number: 151332
Chris specialises in marine insurance coverage disputes; litigation arising out of the carriage of goods by road (CMR) and sea; and the recovery of subrogated claims and liability matters on behalf of Insurers. He is an accredited Mediator with Centre for Effective Dispute Resolution (CEDR) and a Member of the British Maritime Law Association.
|
Chris specialises in marine insurance coverage disputes (with an emphasis towards cargo and liability matters) and the carriage of goods by road (CMR) and sea (in the recovery of subrogated claims). Chris has extensive experience of ICC , LCIA and LMAA Arbitrations. His practice also includes advice to the yacht insurance industry and Fine Art/Specie Market in relation to the insurance of Fine Art, Diamonds, Jewellery and Bullion/Cash in Transit.
Since 1995 Chris has been recommended in all editions of Chambers & Partners "Client's Guide to the UK Legal Profession", "Legal 500" and "Legal Experts" . Described as a leading individual in the 2006 edition of the Chambers Guide as a "professionally aggressive litigator" and "exceptionally commercially aware".
Chris joined Hill Dickinson as an Articled Clerk in 1989 and was admitted as a Solicitor in 1991. He joined Waltons & Morse in August 1992 and was made a Partner in May 1996.
Chris is a member of the British International Freight Association (BIFA) Legal and Insurance Policy Group.
Chris is an accredited Mediator with CEDR and welcomes appointments as a Mediator. He is also a member of the Maritime Solicitors Mediation Service.
Chris is the firm's Managing Partner.
REPORTED CASES
-
MASEFIELD AG V AMLIN CORPORATE MEMBER LTD - [2010] EWHC 280 (Comm), Queen's Bench Division, Commercial Court, Mr Justice David Steel, 18 February 2010
Insurance (marine) - Piracy - oil tanker Bunga Melati Dua seized by pirates -cargo insured by the defendant insurers under an open cover - Ransom paid and vessel crew and cargo released - Whether became an actual total loss on seizure - Whether cargo became a constructive total loss on seizure - Legality of payment of ransom - Marine Insurance Act 1906, sections 57 and 60 ; David Steel, J held that the cargoes were not totally lost, whether actually or constructively, and that the payment of a ransom to pirates was not contrary to English public policy. Such a payment was not illegal. The judge observed that there was "no clear and urgent reason for categorising the activity as contrary to public policy" and added that "if the crews of the vessels are to be taken out of harm's way, the only option is to pay the ransom. Diplomatic or military intervention cannot usually be relied upon and failure to pay may put in jeopardy other crews". This decision clarifies the law of marine insurance, piracy and total losses and the treatment of ransom payments as a matter of English law.
See our bulletin: Piracy - Seizure & Public Policy And Their Interaction With ICC (A) Clauses Masefield AG -v- Amlin Corporate Member Ltd
-
Sony Computer Entertainment Ltd V (1) RH Freight Services Ltd (2) Jordon Freight (3) DIPL KFM Gunther Konig Transport GMBH (2007) [2007] EWHC 302 (Comm) - (Simon J) 23/2/2007 - [2007] Lloyd's Rep. Part 9, vol. 2 , 463.
Conflict Of Laws - Civil Procedure- Allocation Of Jurisdiction : International Carriage By Road : Pending Actions : Application Of Convention On The Contract For The International Carriage Of Goods By Road (Cmr) : Related Actions : Disputing The Court's Jurisdiction : Art.28 Council Regulation 44/2001 On Jurisdiction And The Recognition And Enforcement Of Judgments In Civil And Commercial Matters
The court declined jurisdiction pursuant to Regulation 44/2001 Art.28 where related actions concerning liability for loss of a consignment of goods during transit by road were pending in both English and Dutch courts and the arguments were overwhelmingly in favour of the latter determining the dispute.
-
Micro Anvika Limited -v- TNT Express Worldwide (Euro Hub) NV (and others); Ninatrans NV (Mr Justice Morison, Commercial Court, 20th February 2006) - [2006] EWHC 230 (Comm)
.
CMR - Carriage of Goods by Road - theft of computer equipment by deception - "Round the Corner scam/London Shuffle" - wilful misconduct and Article 29 of the CMR. See "Bulletins" section of our website for full review - "International Carriage of Goods by Road" "Doing the London Shuffle" - Wilful Misconduct and "Round the Corner Scams" (February 2006). See also Article in Lloyd's List "Key Pointers on what makes a reliable witness in latest "London Shuffle" case (8th March 2006)".
-
Transamerica Leasing Inc -v- Institute of London Underwriters, 430 F.3d 1326 (11th Cir. 2005, US Court of Appeals).
Institute Container Clauses - Time. Further Appeal following declinature for non-disclosure of material facts and/or misrepresentation. Determination of the standing of Transamerica and the rights of a loss payee. Equitable estoppel and review of rights and obligations of a loss payee/additional assured.
-
WISE (Underwriting Agency) Limited -v- GNP [2004] 2 Lloyd's Rep 483 - reinsurance - utmost goodfaith - whether reinsurers induced by presentation of risk - whether reinsurers waived disclosure of inclusion of Rolex watches - whether policy affirmed - Marine Insurance Act 1906, Section 18.
- W.I.S.E. (Underwriting Agency) Ltd and Dornoch Ltd -v- Grupo Nacional Provincial [2004] - (1 October 2003 Mr. Justice Simon)
Non-disclosure; avoidance of a reinsurance contract due to non-disclosure of material facts; materiality; waiver; inducement; affirmation; consideration of S.18 Marine Insurance Act 1906. See "Bulletins" section of our website for full review of this case "Marine Insurance" - Avoidance of Cover. Non-Disclosure".
- A.M.I.C.O. -v- Cellstar Corporation [2003] EWCA civ. 206 [2003] Lloyd's rep. IR 295 - Court of Appeal
Insurance (Transportation) - Conflict of Laws - Forum Non-Conveniens - application for negative declaratory relief by insurers - choice of law/applicable law in absence of choice - Rome Convention 1980 - Pervaiz Ahmed -v- International Lifting & Shipping/Contact Transport - Birmingham Mercantile Court (May 2002)
The question of what constitutes a "claim" for the purposes of the Road Haulage Association's Conditions of Carriage - see full report of Judgment of Her Honour Judge Alton in the "bulletins" section of our website for December 2002.
-
Timberwest Forest Limited -v- Gearbulk Pool Ltd / Ocean President Maritime SA; "THE RHONE"
[2002] BCJ No. 1253, 2000 882; affirmed by the Court of Appeal for British Columbia (January 2003) - liability for damage to consignment of lumber "on deck" and "under deck"; definition of "goods" for purposes of Hague-Visby Rules; applicability of exclusion clauses for carriage of "on deck" cargo.
-
Transamerica Leasing Inc - The Institute of London Underwriters, United States Court of Appeals for the Eleventh Circuit (no.99-15090), 267 F.3D 1303.
All Risks Insurance - repudiation and the need for a formal letter of repudiation - interpretation of interest section and in particular whether Transamerica is an additional assured or loss payee; failure to disclose material facts and non-disclosure; "Insolvency or Financial Default" under the Institute Container Clauses - Time (Cl.338 1.1.87); onus of proof to prove losses during the policy period.
-
Amgulf Polymers & Chemicals Limited -v- The Owners and/or Demise Charterers of MV "ATHINOULA" - All England Law Reports Commercial Cases - 7th November 2001 (QBD821)
Practice in the Commercial Court on Striking Out under the Civil Procedure Rules - Claims for damage to cargo and short delivery.
-
The "VISURGIS" [1999] 1 Lloyd's Rep. 218
Charterparty/exception clause/loss of cargo - Plaintiffs' crane carried partly on deck - vessel encountered heavy weather and part of the cargo on deck fell overboard - Plaintiffs claimed damages - whether Defendants responsible for loss - whether the Defendants could rely on exception clause under Gencon Charterparty.
-
The "BALTIC UNIVERSAL" [1999] 1 Lloyd's rep. 497
Arbitration/commencement/carriage by sea (also reported at [1999] 2 All England Law Reports 625).
-
National Semi-Conductors (UK) Limited -v- UPS Limited [1196] 2 Lloyd's Rep. 212
CMR Hijack case
-
Recent Articles "Title to Sue and Recourse (United Kingdom) - European Transport Law - Journal of Law and Economics Volume XL No. 5 - 2005".
