Essex Court Chambers is praised for being 'approachable and always ready to assist' and stands out as one of the top commercial shipping sets at the Bar. Christopher Smith KC remains involved in the SS Tilawa case, representing the Republic of South Africa, where the Supreme Court confirmed that it was entitled to state immunity from the in rem claim concerning a vessel which was sunk by Japanese torpedos while carrying sixty tonnes of silver bullion during WWII, much of which was raised in 2017 by a salvage company owned by Sir Paul Marshall. He also appears in the MSC Flaminia litigation, working alongside 2025 silk David Walsh KC, who leads on issues likely to shape the future development of liability limitations. In FIMBank p.l.c v KCH Shipping Co Ltd, Helen Morton successfully acted in a case where the court held that both The Hague Rules and the Hague-Visby Rules time bars apply to misdelivery claims arising after discharge—leading to the dismissal of the appeal. Meanwhile, in RTI Ltd v Mur Shipping BV, Nigel Eaton KC leads Adam Woolnough in a high-profile case addressing U.S. sanctions and the operation of force majeure clauses in commercial contracts.
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Position
Helen is an experienced lawyer with an established practice spanning the full range of commercial disputes. She acts as both sole and junior counsel and regularly appears in the Business and Property Courts and in arbitration.
Helen is particularly experienced in heavy commercial litigation, civil fraud, private international law, shipping, insurance and data protection. She acts in both the advisory and contentious contexts at all stages of the dispute resolution process, from initial advice to trial and enforcement actions.
She is currently acting in the notable s.69 arbitration appeal, Fimbank Plc v KCH Shipping Co, in which the Court of Appeal determined in May 2023 that the Article III Rule 6 time-bar in the Hague-Visby Rules applies to misdelivery of cargo post-discharge. The position was previously undecided with debate in the caselaw, commentaries and international community going both ways. As the point arises frequently across the industry, the decision has considerable commercial significance.
Other recent work highlights include acting:
- For the defendants in US$ 2 billion fraud proceedings (Suppipat & Ors v Nop Narongdej & Ors), a multi-party conspiracy claim concerning the shares of Thailand’s largest renewable energy company;
- For the claimant in one of the high-profile proceedings against the SFO (ENRC v The Director of the SFO, Gibson & Puddick) which includes claims for breach of confidence, misfeasance in public office and unlawful means conspiracy;
- For the claimant in a major class action in relation to largescale data breaches by a global social media platform (SMO (A child) v TikTok); and
- On behalf of the UK Government in a long running multi-billion pound damages dispute (Bank Mellat v Her Majesty’s Treasury) in which the Court of Appeal issued an important judgment on disclosure where there is an alleged risk of foreign prosecution.
Helen is co-author of the forthcoming edition of ‘The Common Law Jurisprudence of the Conflict of Laws, Hart’ which is due to be published in May 2023. Her chapter, ’The Mixed Blessing of Vita Food Products: The Impact and Influence of the Privy Council’s Decision’, addresses issues in the conflict of laws and shipping.
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