In a nutshell

This is such a well-defined specialism at the Commercial Bar it requires its own summary. Shipping and trade work mostly centres upon contract and tort; indeed English case law is awash with examples from the world of shipping. Barristers handle disputes arising from or concerning the carriage of goods or people by sea, air and land, plus all aspects of the financing, construction, use, insurance and decommissioning of the vessels, planes, trains and other vehicles that carry them. There is often a complex international element to such cases, drawing in multiple parties – for example a wrecked vessel might be Greek-owned, Pakistani-crewed, Russian-captained, last serviced in Singapore, carrying forestry products from Indonesia to Denmark, insured in London and chartered by a French company – but English courts are very often the preferred forum for the resolution of such matters, not least because of the worldwide significance of the London insurance market. Trade disputes are often resolved through arbitration conducted in various locations, Paris and London being among the most important.

‘Wet’ cases deal with problems at sea, while ‘dry’ cases relate to disputes in port or concerns over the manufacture and financing of vessels. The Bar also has a number of aviation, road haulage and rail specialists, and the sets that dominate these areas also tend to be able to offer commodities trading experts.

The realities of the job

• Cases are fact-heavy and paper-heavy. To develop the best arguments for a case, barristers need an organised mind and a willingness to immerse themselves in the documentary evidence. This can be time-consuming and exhausting.
• There are opportunities for international travel.
• Cases can run on for years and involve large teams of lawyers, both solicitors and barristers. Young barristers work their way up from second or third junior to leader over a number of years. New juniors do get to run their own smaller cases, eg charter party and bills of lading disputes.
• The world of shipping and trade has its own language and customs.
• Solicitor clients will usually work at one of the established shipping firms, but lay clients will be a mixed bag of financiers, shipowners, operators, traders and charterers, protecting and indemnity associations (P&I clubs), salvors and underwriters.

Current issues

• There is a general downturn in cargo claims due to the increased safety of ships and the success of various conventions such as the International Safety Management Code.
• P&I clubs in particular continue to be increasingly watchful of costs. This has sparked the recent development of instructing barristers directly, cutting out the solicitor middleman.
• Clients are further trying to save money by embracing mediation, although gloomier economic conditions always see a rise in cases going to court.
• The recession has had a particular effect on ‘dry’ shipping. A ship takes a long time to build. Shipyards are churning out vessels ordered in the economic boom times, which no one wanted once the recession hit. The result: disputes.
• Piracy is on the rise, and it’s now affecting waters that have ordinarily been considered safe. A good case in point is the Maltese-flagged ‘Arctic Sea’, which was hijacked in the Baltic Sea in August 2009 as it transported timber from Finland to Algeria.
• In spring 2010 the UN Security Council urged for the creation of an international tribunal for prosecuting pirates. Funded by international donors, a court to try suspected pirates operating in the Gulf of Aden has since opened in the Kenyan port of Mombasa.

Some tips

• The leading sets are easy to identify. A mini-pupillage with one or more of them will greatly enhance your understanding and chances.
• Despite the prominence of English law, the work calls for an international perspective and an appreciation of international laws. This can be developed within a first or master’s degree and on the BPTC.