The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Chambers of Gavin Kealey QC

TEMPLE, LONDON, EC4Y 7DS, ENGLAND
Tel:
Work 020 7910 8300
Fax:
Fax 020 7910 8400
DX:
239 LONDON CHANCERY LANE
Email:
Web:
www.7kbw.co.uk

Alistair Schaff QC

Tel:
Work 020 7910 8300
Email:
7 King's Bench Walk (Chambers of Gavin Kealey QC)

Position

Barrister specialising in all aspects of international commercial law, including international arbitration (in the UK and abroad, both as advocate and arbitrator), insurance and reinsurance, conflict of laws/jurisdiction disputes, shipping, international sale of goods, oil disputes, professional and commercial negligence. He was named the Chambers Bar Awards Insurance Silk of the Year for 2009 and has been regularly shortlisted ever since. Significant recent cases include: Atlas Navios v Navigators [2014] EWHC 4133 (Comm) – a war risks insurance case in which a vessel was detained when cocaine was discovered strapped to her hull; Clarks v In Focus [2014] EWCA Civ 118 – a financial services case in which res judicata principles precluded subsequent court proceedings for claims in excess of the maximum amount awardable under the FOS jurisdiction; Helmot v Simon [2012] UKPC 5 – a personal injury case upholding the use of a negative discount rate for lump sum awards of damages; Standard Life v Ace [2012] EWHC 104 (Comm), [2012] EWCA Civ 1713 – a pension fund mis-selling case involving a claim for ‘mitigation costs’ under a professional liability policy; Aioi v Heraldglen [2013] EWHC 154 (Comm) – a reinsurance case involving ‘9/11 – one event or two?’; Wasa v Lexington [2009] UKHL 40 – a leading House of Lords case on the nature/scope of ‘back to back’ reinsurance. In addition, he has been involved in countless high-profile international arbitration disputes ranging from Middle East oil concessions, South American political risks and pharmaceutical liabilities to Far Eastern hotels damaged by the Tsunami and banking fraud.

Career

Called 1983; Queen’s Counsel 1999.

Education

Cambridge University (MA).


London Bar

Banking and finance (including consumer credit)

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkHe is very, very thorough and is an appealing advocate.

[back to top]

Commercial litigation

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkHugely knowledgeable and authoritative performer in court but a very calm demeanour and good with clients.

[back to top]

Commodities

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkHe really stands out and immerses himself in cases.

[back to top]

Energy

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkA star of the commercial Bar who is always impressive.

[back to top]

Insurance and reinsurance

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkHe is a real force in court.

Within: Insurance and reinsurance

7 King's Bench Walk is 'the premier set for insurance and reinsurance work'; it 'consistently provides the desired balance of incredibly bright and talented barristers while also being approachable and enjoyable to work alongside'. Single Buoy Moorings v Zurich Insurancewhich concerned damage to the MOPUstor platform in the North Seawas a key highlight for the set where Jonathan Gaisman QC, Dominick Kendrick QC, David Bailey QC, Alistair Schaff QC, and several juniors from chambers, were instructed. Also of note, Peter MacDonald Eggers QC is instructed by Lloyd's Underwriters in Shuffle Along v Lloyd’s Underwriters, a claim under an event cancellation policy which is litigated in New York. In Cultural Foundation v Beazley Furlonge,  a key claim under a professional liability policy relating to two construction projects in the UAE, MacDonald Eggers QC led Marcus Mander on behalf of the excess insurers and James Brocklebank QC acted for the American School of Dubai.

[back to top]

International arbitration: counsel

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkGreat to work with.

[back to top]

Product liability

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkGives thoughtful and realistic assessments of cases and has excellent advocacy skills.

[back to top]

Professional negligence

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkHe commands the courtroom.

[back to top]

Shipping

Within: Leading Silks

Alistair Schaff QC - 7 King's Bench WalkHe is formidable; exceptionally clever and is clear and concise.

Within: Shipping

7 King's Bench Walk is a 'thoroughbred stable' for shipping work, 'always impresses with its expertise in the sector'. Supreme Court case the B Atlantic, which examined the scope of cover for malicious third parties in marine insurance cover, and the construction of the exclusion of an infringement of customs regulations in the standard war risks form, is a key highlight for Alistair Schaff QC and Alexander MacDonald. Peter MacDonald Eggers QC and Sandra Healy appeared in the Court of Appeal in Aspen v Kairos, a $22m claim relating to the loss of the vessel, the Atlantik Confidence. Richard Southern QC acted in Classic Maritime v Limbungan Makmur Sdn Bhd, a $20m claim for non-performance of a contract of affreightment. Elsewhere, Suez Fortune v Talbot, a marine insurance claim under a war risks policy is a high-profile instruction for Peter MacDonald Eggers QC, Tim Jenns and Richard Waller QC.

[back to top]


Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • DO FIDIC RULE APPLY IN CONSTRUCTION CONTRACTS IN UAE?

    Since a very long time, FIDIC (The International Federation of Consulting Engineers) is commonly used a standard for international construction and engineering contracts and is very frequently used in UAE. It mainly governs the construction works within the country and in GCC. 
  • Communiqué on Equity Crowdfunding Is Officially Published

    By way of background, in January 2019, the Capital Markets Board (“ CMB ”) had issued an announcement on its website on the Draft Communiqué on Equity Crowdfunding [1] . The CMB has now officially published the Communiqué on Crowdfunding No. III-35/A (“ Communiqué ”), on October 3, 2019. The Communiqué entered into force as of October 3, 2019.
  • Beneficial Ownership Concept new interpretation from the Russian federal tax service

    The recent interpretative letter issued by the Russian Federal Tax Services (“FTS”) on 08th August 2019, has provided further guidance as to the application of the Beneficial Ownership Concept, further to the letter initially provided on the 12th of April 2018 which adopted a strict approach of the concept. 
  • Cyprus and Netherlands Double Tax Treaty Update

    Cyprus has concluded the negotiations for the avoidance of double taxation with the Netherlands. The double tax treaty was agreed at technocratic level in Hague. It is expected to be signed by the end of 2019 or early in 2020.
  • Vacancy - Senior Corporate Lawyer

    The Senior Corporate Lawyer, who will be reporting to Partners, will be working with both the firm’s legal team as well as the financial services team. The successful candidate will be requested to show initiative, take on certain responsibilities within the firm, work in a multinational environment and will immediately be given the opportunity to further advance their career within the law firm.
  • CJEU RULED ON THE APPLICATION OF THE BENEFICIAL OWNERSHIP CONCEPT

    The judgment of the Court of Justice of the European Union (CJEU) on February 26, 2019, in the “Danish Beneficial Ownership Cases”, can be perceived as a landmark on the interpretation of the Beneficial Ownership concept under the Interest and Royalties Directive (IRD) and the Parent-Subsidiary Directive (PSD).
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‘centre of life test’ in Surinder Singh cases?

    In the recent case of  ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan   [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess  Surinder Singh  cases that appear before them.
  • ITALIAN RULES ON JOINT VENTURES IN PUBLIC PROCUREMENT AND CONCESSIONS

    Italian rules on jointventures concerning public procurement and concession contracts are set out inlight of the European legal framework provided for in Directive 2014/23/EU and 2014/24/EU of the European Parliament and of the Council. The European rules aim to ensurethe best use of public money so that EU citizens benefit from strategicinvestments and services at fair prices. In this context, public procurementand concessions represent key instruments that need to be regulated and standardisedin order to ensure free movement of goods, freedom of establishment and freedomto provide services.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.