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Geraldine Clark

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Geraldine Clark

Areas of Expertise

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Year of Call: 1988 gclark@serlecourt.co.uk

Overview

Geraldine Clark is moving to New Zealand in October 2016. Once established there she intends to practise as an international commercial arbitrator and mediator.

To reflect her overseas move, on 1 August 2016 she became member to chambers instead of a full tenant.

Geraldine Clark practised at the English bar from 1989 to 2016. She had a diverse commercial practice with particular emphasis on high value international commercial contracts.  She is skilled in resolving disputes through litigation (Commercial Court or Chancery Divsioin), arbitration and mediation.

She sits as a Recorder and as a Deputy High Court Judge.

Areas of Expertise and Cases


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Arbitration

S v O 2013 (ad hoc arbitration) dispute arising from development of credit scoring model for financial/institutions.
P v T 2009 (ad hoc arbitration) a port operator claimed an indemnity for its liability for breach of contract in failing to obtain insurance cover for a US customer.
The "MV" and The "MR" 2009 (LMAA arbitration) disputes between shipowners and the vessels’ technical managers.
The "F" 2007 (LMAA arbitration) claim against their time charterers for engine damage alleged to result from bunkers containing excessive water.
Pentonville Shipping v Transfield Shipping (The “Jonny K”), [2006] 1 Lloyd's Rep 666,(Commercial Court) appeal under s.69 Arbitration Act 1996; order by the terminal to the vessel requiring her to depart before loading a complete cargo.
Dept. of Civil Aviation of the Kyrgyz Republic v Finrep, [2006] 2CLC 402, [2007] Bus.LR.D17, Commercial Court, represented a foreign government department in a dispute with an investor in a national airline in a challenge to an award for lack of jurisdiction under s. 67 Arbitration Act 1996;  Service on legal adviser.
Log-o-Mar v Craft Enterprises International Ltd [2004] EWHC 1836 (Comm); [2004] LMLN
29.9.04 (Commercial Court), international sale of defective steel bars shipped from the Black Sea to Iraq under the UN oil-for-food programme.
(confidential) 2004 (LMAA) arbitration, obtained the striking out of eleven arbitrations following 15 years of sporadic activity by the claimants.


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Banking

S v O 2013 (ad hoc arbitration) dispute arising from development of credit scoring model for financial institutions.
Allpay v Mace 2010 (Chancery Division) company's claim against individual directors alleging they negligently advised the board to invest in derivatives they did not understand.
W & S v B 2009 (Queen's Bench) validity of loans made in connection with a JVA; inter-relationship between Canadian and English actions.
Telered v Farmers Union 2010 (Commercial Court) network operator's claim for an indemnity for loss arising from the fraudulent use of the Visa  ATM network.
Barden v CRU  2012 (Chancery Division) mutual mistake by the parties to a CEO's severance contract as to the CEO's rights under his contract of employment; validity of severance agreement; estoppel by convention.
Varveris v Credit Suisse 2010 (Chancery) alleged misselling of derivative products and fraud.
Marinteknik Shipbuilders v SNC Passion 2004 (Commercial Court) obtained an injunction preventing a beneficiary from calling on a bank guarantee in a case where fraud was not alleged but the underlying contract had been frustrated.
Centrax v Citibank [1999] 1 All ER (Comm.) 557 (Court of Appeal) whether the Unfair Contract Terms Act 1977 applied to a banking system enabling cheques drawn on Citibank to be made payable in local currencies around the world due to an exception to the New York choice of law clause for payment instruments.
H v a Bank (2009) advised on extent of bankers' duties to unsophisticated customers.


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Commercial Litigation

MMM v Nusantara; Nusantara v (1) AB (2) CD ongoing (Commercial Court). Coal mining in Indonesia. Claims by a company’s former directors against the company for alleged unpaid remuneration. Claims by the company against those former directors alleging breach of directors’ duties in making a loan of US$7.5m to local partners in an attempt to secure a mining investment.
Barden v CRU [2013] EWHC 1633 (Chancery Division) incidence of income tax on payment under mediation settlement agreement, severance payment.
S v O'S (2013) ad hoc arbitration disputes arising out of contracts for the development of a credit scoring algorithm for small and mediaum enterprises in an an undeveloped market
Barden v CRU  2012 (Chancery Division) mutual mistake by the parties to a CEO's severance contract as to the CEO's rights under his contract of employment; validity of severance agreement; estoppel by convention
A v A 2012 advising grain trading house in multi-jurisdictional dispute.
AMWEBB 2011 claim against solicitors' firm alleging breach of retainer after an employee made secret profit from the clients' tax scheme.
Legal Services Commission v Aisha Henthorn [2011] All ER (D) 142 (Queen's Bench) test case on the LSC's ability to reclaim payments on account made to barristers.
A v Monarch Airline  2011 (Commercial Court) whether "cancellation charges" charged to tour operators by charter airlines are penalties.
GOP v RMB 2010 (QBD Manchester) whether trigger spray assemblies complied with seller's specifications and samples.
Lombard North Central v Automobile World  [2010] ECCA Civ 20 a hire purchaser's claims against a finance company alleging misrep. and misdescription of a limousine and failure to mitigate in reselling at an undervalue.
A v B 2009 (Chancery) defending an employee who emailed confidential documents belonging to his employer to his personal email account, Breach of a serch order.
Choil v Addax 2009 whether claims made under a JVA fell within the scope of English jurisdiction clauses in sale contracts made under the JVA.
Talmay v Petraco 2009 (Commercial Court) Oil trading with shipment from Russia.Whether the buyer or the seller  had the responsibility for obtain the position holder's consent to shipment.
(confidential) 2008 advising the buyer of second hand plant shipped from England to Nigeria on its claim alleging misrepresentation of the age and condition of the plant and presentation of fraudulent bills of lading under a letter of credit 
Dept. of Civil Aviation of the Kyrgyz Republic v Finrep [2006] 2CLC 402, [2007] Bus.LR.D17, Commercial Court, represented a foreign government department in a dispute with an investor in a national airline in a challenge to an award for lack of jurisdiction under s. 67 Arbitration Act 1996; Service on legal adviser.
Log-o-Mar v Craft Enterprises International Ltd [2004] EWHC 1836 (Comm); [2004] LMLN 29.9.04 (Commercial Court), international sale of defective steel bars shipped from the Black Sea to Iraq under the UN oil-for-food programme.
Andre & Cie v Euro Asian Investment Corporation [2001] All ER (D) 23 (Commercial Court) commodities trading, whether the defendant was estopped by a Russian judgment from contending that the claimant, which had financed the procurement of quantities of soyabean for supply by the defendant to a third party, was the sellers’ agent.
SK Shipping Ltd v BB Energy (Asia) Ltd [2000] 1 All ER (Comm) 810 (Commercial Court) where the buyers of a parcel of gasoil were entitled to nominate a loading date range “subject to terminal acceptance” the sellers were responsible for seeking the terminal’s acceptance and where they had failed to do so they were bound to load during the nominated range.
British Fermentation Products Ltd v Compair Reavell Ltd [1999] 2 All ER Comm 389; [1999] BLR 352; 66 Con.L.R1 (TCC) whether a contractual term stating that the sellers’ liability to make good or replace defective equipment was accepted in lieu of warranties implied by law as to quality or fitness for purpose fell foul of the Unfair Contract Terms Act 1977.
Saga Holidays v P&O 1997 (Chancery and Court of Appeal) whether a contract between the parties prevented P&O from marketing cruises to its customers where they had been introduced by Saga.
Downer & Downer v Brough [1996] 1 WLR 575 (Court of Appeal) whether a judge’s interlocutory direction that the case be listed for a hearing took priority over the automatic directions.
Becher v Roplak [1992] 2 Lloyd’s Rep. 23 (Court of Appeal) where the sellers failure to have documents in place delayed the berthing of the vessel, whether damages were payable when loading was nevertheless completed within the number of days permitted by the sale contract.


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Company

MMM v Nusantara; Nusantara v (1) AB (2) CD ongoing (Commercial Court). Coal mining in Indonesia. Claims by a company’s former directors against the company for alleged unpaid remuneration. Claims by the company against those former directors alleging breach of directors’ duties in making a loan of US$7.5m to local partners in an attempt to secure a mining investment.
Re Q (confidential) 2013 advised the directors of an off-shore insurance management company and off-shore insurance company as to their liabilities for failing to detect fraud by a co-director of the insurance company.
Barden v CRU 2012 (Chancery Division) mutual mistake by the parties to a CEO's severance contract as to the CEO's rights under his contract of employment; validity of severance agreement; estoppel by convention.
Beech v Nahaboo, Allen & Probiz Central Ltd  2012 (Chancery Division, Manchester) s.994 Petition; shareholder alleges unfair prejudice against co-directors.
Allpay v Mace 2010 (Chancery Division) company's claim against individual directors alleging they negligently advised the board to invest in derivatives.
Re Halliwells 2010 advised a former LLP member regarding cross indemnification between members.
Bulgarelli v McGuirk 2010 (Chancery Division, Birmingham) s.994 Petition, breach of shareholders' agreement.
W & S v B 2009 (Queen's Bench) validity of loans made in connection with a JVA; interrelationship between Canadian and English actions.
Scotts Media Trust v Dryburgh 2009 (Chancery) whether English or Scottish court was the  forum conveniens for a liquidator's claim against the director of a Scottish company alleging breach of fiduciary duties, setting aside extension of validity of writ obtained without full disclosure.


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Financial Services

C v F Private Wealth 2013 (Commercial Court) claim against fund managers for overcharging and negligence.
Allpay v Mace 2010 (Chancery Division) company's claim against individual directors alleging they negligently advised the board to invest in derivatives (multi-callable range accrual swaps) .
Crichton v Parker Smith 2008 (Royal Court of Jersey) valuation of a trust company for the purpose of re-opened ancillary relief proceedings.
Varveris v Credit Suisse 2010 (Chancery) alleged misselling of derivative products (enhanced return notes) and fraud.
Lombard North Central v Automobile World [2010] EWCA Civ 20 finance company's sale of a misidentified repossessed limousine at undervalue.
(confidential) 2007 (Queen’s Bench Division) defended financial advisers against allegations that they gave negligent investment advice.


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Professional Negligence

Al Jizzi v KPMG, ongoing (Muscat Court of First Instance Sultanate of Oman) defending a firm of accountants against a claim brought against them by a former client alleging negligent auditing arising from an alleged failure to detect fraud by the client’s chief accountant.
Toner v Price & Myers and Timothy Hatton Associates 2012 (TCC) claim against engineers and architects after the collapse of a beam during development of a Grade 1 listed building
C v S 2012 (Chancery Division) defending off-shore solicitor's firm against allegations of negligence in the conduct of trust litigation.
AMWEBB 2011 claim against solicitors' firm alleging breach of retainer after an employee made secret profit from the clients' tax scheme.
Data Connection v Aston Scott 2011 (Commercial Court) negligence claim against insurance brokers for failing to obtain cover for IP infringement claims in the US.
Allpay v Mace 2010 (Chancery Division) company's claim against individual directors alleging they negligently advised the board to invest in derivatives.
P v T 2009 (ad hoc arbitration) a port operator claimed an indemnity for its liability for breach of contract in failing to obtain insurance cover for a US customer.
H v a Bank (2009) advised on extent of bankers' duties to unsophisticated customers.
(confidential) 2007 (Queen’s Bench Division) defended financial advisers against allegations that they gave negligent investment advice.
FNCB v Barnet Devanney [1999] Lloyd’s Rep IR 459, [1999] 2 All ER (Comm) 233; [2000] P.L.N.R. 248 (CA) whether the defendant insurance brokers were negligent in failing to obtain a mortgagee protection clause to protect the interests of the co-insured bank under a composite policy.


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Insurance and Reinsurance

Re Q (confidential) 2013 advised the directors of an off-shore insurance management company and off-shore insurance company as to their liabilities for failing to detect fraud by a co-director of the insurance company.
W v Allianz ongoing advising insured property owner on the indemnity payable after a property awaiting refurbishment was destroyed by fire.
Reid v Groupama 2013 advising property owner alleging breach by his insurers of their obligation to reisntate the property following subsidence damage.
Toner v Insurance Corporation of the Channel Isles  2012   Clause purporting to grant rights of subrogation before insurer had paid an indemnity.
Data Connection v Aston Scott  2011 (Commercial Court) negligence claim against insurance brokers for failing to obtain cover for IP infringement claims in the US.
Telered v Farmers Union 2010 (Commercial Court) network operator's claim for an indemnity for loss arising from the fraudulent use of an ATM network.
Re: X Family Trust 2009 advising trustees on insurance aspects of potential claim for breach of trust.
(confidential) 2009 advising the director of a Jersey Trust Company on policy coverage issues arising from allegations of overcharging by a beneficiary.
(confidential) 2008 advising a Jersey trust company on the extent of its duty to notify its insurers of allegations made against it as “circumstances which may give rise to a claim”.
(confidential) 2006 advising trustees of a Jersey split capital investment trust as toalleged non-disclosure in taking out a Directors & Officers indemnity policy.
Tate Gallery v Attorney General 2005 (Chancery) seeking the Court’s directions regarding the return of two stolen Turner paintings owned by the Tate Gallery. Insurers' rights of subrogation bought out.
The "TP" (Commercial Court) marine insurance claim under loss of hire policy following engine breakdown, alleged non-disclosure of a similar incident.
Craft Enterprises (International) Ltd v AXA Insurance Co. [2004] 2 All ER (Comm) 123 [2004] 2 CLC 427, [2005] Lloyd's Rep 1.R. 14 (CA) jurisdictional challenge arising out of a marine insurance policy and certificates of marine insurance.
Koetter Kim Ltd v Tryg Baltica Insurance 2001 CA Amendments, estoppel, striking out.
FNCB v Barnet Devanney [1999] Lloyd’s Rep IR 459, [1999] 2 All ER (Comm) 233; [2000] P.L.N.R. 248 (CA) whether the defendant insurance brokers were negligent in failing to obtain a mortgagee protection clause to protect the interests of the co-insured bank under a composite policy.


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Administrative and Public Law

Legal Services Commission v Aisha Henthorn [2012] 1 WLR 1173, [2012] 2 All ER 439 [2012] 1 Costs L.R. 169 test case on the LSC's ability to reclaim payments on account made to barristers.
Secretary of State for Social Security v Remilien [1997] 1 WLR 1640, 1998 1 All ER 129, [1998] 1 FLR 444
R v Oxford Social Security Appeal Tribunal exp. Wolke [1996] C.O.D 418 - Income Support, free movement
R v Secretary of Sate for Home Department exp. Vitale [1996] All ER (EC) 461; [1996] 2 CMLR 587; [1996] Imm. A.R. 275; [1996] C.O.D. 382 Free movement of persons income support
R v Secretary of State for Health exp. Macrae Seafoods Ltd [1995] C.O.D. 369 Agricultural Imports
R v Immigration Appeal Tribunal exp. Antonissen (c-292/89) ECJ [1991] ECR I - 745, 19912 CMLR 373


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Shipping

Geraldine Clark is an established shipping junior. She is recommended  as a Leading Junior by Legal 500. Her shipping cases  include:

CH Offshore v (1) PDV Marina, (2) Astivenca (Commercial Court) - ongoing claim for US$56 million following a state oil company's failure to pay for use of rig support vessels.
The "Marine Prosperity"   Bunge v Wilhelmsen Marine Fuels; Wilhelmsen Marine Fuels v ExxonMobil (Commercial Court) - 2014 bunker quality dispute after crew members became ill during bunkering in Singapore.
A v A (2012) advising grain trading house in multi-jurisidictional dispute.
The "Toisa Pisces" 2011 (Commercial Court) marine insurance claim under loss of hire policy following engine breakdown, alleged non-disclosure of a similar incident.
P v T 2009 (ad hoc arbitration) a port operator claimed an indemnity for its liability for breach of contract in failing to obtain insurance cover for a US customer.
Black Sea to Iraq under the UN oil-for-food programme.
Talmay v Petraco 2009 (Commercial Court) Oil trading; whether buyer or seller obliged to obtain position holder's consent to shipment.
The "MV" and The "MR" 2009 (LMAA arbitration) disputes between shipowners and the vessels’ technical managers.
The "F" 2007 (LMAA arbitration) claim against their time charterers for engine damage alleged to result from bunkers containing excessive water.
Pentonville Shipping v Transfield Shipping (The “Johnny K”), [2006] EWHC 134 (Comm.),(Commercial Court) appeal under s.69 Arbitration Act 1996; order by the terminal to the vessel requiring her to depart before loading a complete cargo.
“The Jotunheim” [2005] 1 Lloyd’s Rep 181 (Commercial Court) established that the Court can grant relief from forfeiture in favour of demise charterers late in paying hire.
Marinteknik Shipbuilders v SNC Passion 2004 (Commercial Court) obtained an injunction preventing a beneficiary from calling on a bank guarantee in a case where fraud was not alleged but the underlying contract had been frustrated.
The "Mega S" Log-o-Mar v Craft Enterprises International Ltd [2004] EWHC 1836 (Comm); [2004] LMLN 29.9.04 (Commercial Court), international sale of defective steel bars shipped from the(confidential) 2004 (LMAA) arbitration, obtained the striking out of eleven arbitrations following 15 years of sporadic activity by the claimants.
Andre & Cie v Euro Asian Investment Corporation [2001] All ER (D) 23 (Commercial Court) commodities trading, whether the defendant was estopped by a Russian judgment from contending that the claimant, which had financed the procurement of quantities of soyabean for supply by the defendant to a third party, was the sellers’ agent.
SK Shipping Ltd v BB Energy (Asia) Ltd [2000] 1 All ER (Comm) 810 (Commercial Court) where the buyers of a parcel of gasoil were entitled to nominate a loading date range “subject to terminal acceptance” the sellers were responsible for seeking the terminal’s acceptance and where they had failed to do so they were bound to load during the nominated range.
The “Hill Harmony” [1999] QB 72, [1998] 4 All ER 286 (Commercial Court) whether the master of a time chartered vessel was obliged to follow the voyage route specified by the charterers.
Becher v Roplak [1992] 2 Lloyd’s Rep. 23 (Court of Appeal) where the sellers failure to have documents in place delayed the berthing of the vessel, whether damages were payable when loading was nevertheless completed within the number of days permitted by the sale contract.


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Private International Law

Choil v Addax 2009 whether claims made under a JVA fell within the scope of English jurisdiction clauses in sale contracts made under the JVA.
W & S v B 2009 (Queen's Bench) validity of loans made in connection with a JVA; interrelationship between Canadian and English actions.
Scotts Media Trust v Dryburgh 2009 (Chancery) whether English or Scottish courts were forum conveniens for a liquidator's claim against the director of a Scottish company alleging breach of fiduciary duties, setting aside extension of validity of writ obtained without full disclosure.
Dept. of Civil Aviation of the Kyrgyz Republic v Finrep, [2006] 2CLC 402, [2007] Bus.LR.D17,Commercial Court, represented a foreign government department in a dispute with an investor in a national airline in a challenge to an award for lack of jurisdiction under s. 67 Arbitration Act 1996.
Craft Enterprises (International) Ltd v AXA Insurance Co. [2004] 2 All ER (Comm) 123 (CA) jurisdictional challenge arising out of a marine insurance policy and certificates of marine insurance.

All Quotes

"obviously very bright and an excellent lawyer"
"excellent legal acumen, good procedural knowledge and tactical awareness"
"excellent drafting skills"
"excellent legal analysis allied to strong advocacy skills"
"noted by interviewees for her affability"
"particular skill in analysing data and working with experts"

Recommendations

Professional Negligence Legal 500
Shipping Legal 500

Geraldine Clark - Associate

Geraldine Clark - Associate

Year of Call: 1988
Email: gclark@serlecourt.co.uk

Overview

Geraldine Clark is moving to New Zealand in October 2016. Once established there she intends to practise as an international commercial arbitrator and mediator.

To reflect her overseas move, on 1 August 2016 she became member to chambers instead of a full tenant.

Geraldine Clark practised at the English bar from 1989 to 2016. She had a diverse commercial practice with particular emphasis on high value international commercial contracts.  She is skilled in resolving disputes through litigation (Commercial Court or Chancery Divsioin), arbitration and mediation.

She sits as a Recorder and as a Deputy High Court Judge.

Areas of expertise

Recommendations

Professional Negligence Legal 500
Shipping Legal 500

"obviously very bright and an excellent lawyer"
"excellent legal acumen, good procedural knowledge and tactical awareness"
"excellent drafting skills"
"excellent legal analysis allied to strong advocacy skills"
"noted by interviewees for her affability"
"particular skill in analysing data and working with experts"

Arbitration

S v O 2013 (ad hoc arbitration) dispute arising from development of credit scoring model for financial/institutions.
P v T 2009 (ad hoc arbitration) a port operator claimed an indemnity for its liability for breach of contract in failing to obtain insurance cover for a US customer.
The "MV" and The "MR" 2009 (LMAA arbitration) disputes between shipowners and the vessels’ technical managers.
The "F" 2007 (LMAA arbitration) claim against their time charterers for engine damage alleged to result from bunkers containing excessive water.
Pentonville Shipping v Transfield Shipping (The “Jonny K”), [2006] 1 Lloyd's Rep 666,(Commercial Court) appeal under s.69 Arbitration Act 1996; order by the terminal to the vessel requiring her to depart before loading a complete cargo.
Dept. of Civil Aviation of the Kyrgyz Republic v Finrep, [2006] 2CLC 402, [2007] Bus.LR.D17, Commercial Court, represented a foreign government department in a dispute with an investor in a national airline in a challenge to an award for lack of jurisdiction under s. 67 Arbitration Act 1996;  Service on legal adviser.
Log-o-Mar v Craft Enterprises International Ltd [2004] EWHC 1836 (Comm); [2004] LMLN
29.9.04 (Commercial Court), international sale of defective steel bars shipped from the Black Sea to Iraq under the UN oil-for-food programme.
(confidential) 2004 (LMAA) arbitration, obtained the striking out of eleven arbitrations following 15 years of sporadic activity by the claimants.

Banking

S v O 2013 (ad hoc arbitration) dispute arising from development of credit scoring model for financial institutions.
Allpay v Mace 2010 (Chancery Division) company's claim against individual directors alleging they negligently advised the board to invest in derivatives they did not understand.
W & S v B 2009 (Queen's Bench) validity of loans made in connection with a JVA; inter-relationship between Canadian and English actions.
Telered v Farmers Union 2010 (Commercial Court) network operator's claim for an indemnity for loss arising from the fraudulent use of the Visa  ATM network.
Barden v CRU  2012 (Chancery Division) mutual mistake by the parties to a CEO's severance contract as to the CEO's rights under his contract of employment; validity of severance agreement; estoppel by convention.
Varveris v Credit Suisse 2010 (Chancery) alleged misselling of derivative products and fraud.
Marinteknik Shipbuilders v SNC Passion 2004 (Commercial Court) obtained an injunction preventing a beneficiary from calling on a bank guarantee in a case where fraud was not alleged but the underlying contract had been frustrated.
Centrax v Citibank [1999] 1 All ER (Comm.) 557 (Court of Appeal) whether the Unfair Contract Terms Act 1977 applied to a banking system enabling cheques drawn on Citibank to be made payable in local currencies around the world due to an exception to the New York choice of law clause for payment instruments.
H v a Bank (2009) advised on extent of bankers' duties to unsophisticated customers.

Commercial Litigation

MMM v Nusantara; Nusantara v (1) AB (2) CD ongoing (Commercial Court). Coal mining in Indonesia. Claims by a company’s former directors against the company for alleged unpaid remuneration. Claims by the company against those former directors alleging breach of directors’ duties in making a loan of US$7.5m to local partners in an attempt to secure a mining investment.
Barden v CRU [2013] EWHC 1633 (Chancery Division) incidence of income tax on payment under mediation settlement agreement, severance payment.
S v O'S (2013) ad hoc arbitration disputes arising out of contracts for the development of a credit scoring algorithm for small and mediaum enterprises in an an undeveloped market
Barden v CRU  2012 (Chancery Division) mutual mistake by the parties to a CEO's severance contract as to the CEO's rights under his contract of employment; validity of severance agreement; estoppel by convention
A v A 2012 advising grain trading house in multi-jurisdictional dispute.
AMWEBB 2011 claim against solicitors' firm alleging breach of retainer after an employee made secret profit from the clients' tax scheme.
Legal Services Commission v Aisha Henthorn [2011] All ER (D) 142 (Queen's Bench) test case on the LSC's ability to reclaim payments on account made to barristers.
A v Monarch Airline  2011 (Commercial Court) whether "cancellation charges" charged to tour operators by charter airlines are penalties.
GOP v RMB 2010 (QBD Manchester) whether trigger spray assemblies complied with seller's specifications and samples.
Lombard North Central v Automobile World  [2010] ECCA Civ 20 a hire purchaser's claims against a finance company alleging misrep. and misdescription of a limousine and failure to mitigate in reselling at an undervalue.
A v B 2009 (Chancery) defending an employee who emailed confidential documents belonging to his employer to his personal email account, Breach of a serch order.
Choil v Addax 2009 whether claims made under a JVA fell within the scope of English jurisdiction clauses in sale contracts made under the JVA.
Talmay v Petraco 2009 (Commercial Court) Oil trading with shipment from Russia.Whether the buyer or the seller  had the responsibility for obtain the position holder's consent to shipment.
(confidential) 2008 advising the buyer of second hand plant shipped from England to Nigeria on its claim alleging misrepresentation of the age and condition of the plant and presentation of fraudulent bills of lading under a letter of credit 
Dept. of Civil Aviation of the Kyrgyz Republic v Finrep [2006] 2CLC 402, [2007] Bus.LR.D17, Commercial Court, represented a foreign government department in a dispute with an investor in a national airline in a challenge to an award for lack of jurisdiction under s. 67 Arbitration Act 1996; Service on legal adviser.
Log-o-Mar v Craft Enterprises International Ltd [2004] EWHC 1836 (Comm); [2004] LMLN 29.9.04 (Commercial Court), international sale of defective steel bars shipped from the Black Sea to Iraq under the UN oil-for-food programme.
Andre & Cie v Euro Asian Investment Corporation [2001] All ER (D) 23 (Commercial Court) commodities trading, whether the defendant was estopped by a Russian judgment from contending that the claimant, which had financed the procurement of quantities of soyabean for supply by the defendant to a third party, was the sellers’ agent.
SK Shipping Ltd v BB Energy (Asia) Ltd [2000] 1 All ER (Comm) 810 (Commercial Court) where the buyers of a parcel of gasoil were entitled to nominate a loading date range “subject to terminal acceptance” the sellers were responsible for seeking the terminal’s acceptance and where they had failed to do so they were bound to load during the nominated range.
British Fermentation Products Ltd v Compair Reavell Ltd [1999] 2 All ER Comm 389; [1999] BLR 352; 66 Con.L.R1 (TCC) whether a contractual term stating that the sellers’ liability to make good or replace defective equipment was accepted in lieu of warranties implied by law as to quality or fitness for purpose fell foul of the Unfair Contract Terms Act 1977.
Saga Holidays v P&O 1997 (Chancery and Court of Appeal) whether a contract between the parties prevented P&O from marketing cruises to its customers where they had been introduced by Saga.
Downer & Downer v Brough [1996] 1 WLR 575 (Court of Appeal) whether a judge’s interlocutory direction that the case be listed for a hearing took priority over the automatic directions.
Becher v Roplak [1992] 2 Lloyd’s Rep. 23 (Court of Appeal) where the sellers failure to have documents in place delayed the berthing of the vessel, whether damages were payable when loading was nevertheless completed within the number of days permitted by the sale contract.

Company

MMM v Nusantara; Nusantara v (1) AB (2) CD ongoing (Commercial Court). Coal mining in Indonesia. Claims by a company’s former directors against the company for alleged unpaid remuneration. Claims by the company against those former directors alleging breach of directors’ duties in making a loan of US$7.5m to local partners in an attempt to secure a mining investment.
Re Q (confidential) 2013 advised the directors of an off-shore insurance management company and off-shore insurance company as to their liabilities for failing to detect fraud by a co-director of the insurance company.
Barden v CRU 2012 (Chancery Division) mutual mistake by the parties to a CEO's severance contract as to the CEO's rights under his contract of employment; validity of severance agreement; estoppel by convention.
Beech v Nahaboo, Allen & Probiz Central Ltd  2012 (Chancery Division, Manchester) s.994 Petition; shareholder alleges unfair prejudice against co-directors.
Allpay v Mace 2010 (Chancery Division) company's claim against individual directors alleging they negligently advised the board to invest in derivatives.
Re Halliwells 2010 advised a former LLP member regarding cross indemnification between members.
Bulgarelli v McGuirk 2010 (Chancery Division, Birmingham) s.994 Petition, breach of shareholders' agreement.
W & S v B 2009 (Queen's Bench) validity of loans made in connection with a JVA; interrelationship between Canadian and English actions.
Scotts Media Trust v Dryburgh 2009 (Chancery) whether English or Scottish court was the  forum conveniens for a liquidator's claim against the director of a Scottish company alleging breach of fiduciary duties, setting aside extension of validity of writ obtained without full disclosure.

Financial Services

C v F Private Wealth 2013 (Commercial Court) claim against fund managers for overcharging and negligence.
Allpay v Mace 2010 (Chancery Division) company's claim against individual directors alleging they negligently advised the board to invest in derivatives (multi-callable range accrual swaps) .
Crichton v Parker Smith 2008 (Royal Court of Jersey) valuation of a trust company for the purpose of re-opened ancillary relief proceedings.
Varveris v Credit Suisse 2010 (Chancery) alleged misselling of derivative products (enhanced return notes) and fraud.
Lombard North Central v Automobile World [2010] EWCA Civ 20 finance company's sale of a misidentified repossessed limousine at undervalue.
(confidential) 2007 (Queen’s Bench Division) defended financial advisers against allegations that they gave negligent investment advice.

Professional Negligence

Al Jizzi v KPMG, ongoing (Muscat Court of First Instance Sultanate of Oman) defending a firm of accountants against a claim brought against them by a former client alleging negligent auditing arising from an alleged failure to detect fraud by the client’s chief accountant.
Toner v Price & Myers and Timothy Hatton Associates 2012 (TCC) claim against engineers and architects after the collapse of a beam during development of a Grade 1 listed building
C v S 2012 (Chancery Division) defending off-shore solicitor's firm against allegations of negligence in the conduct of trust litigation.
AMWEBB 2011 claim against solicitors' firm alleging breach of retainer after an employee made secret profit from the clients' tax scheme.
Data Connection v Aston Scott 2011 (Commercial Court) negligence claim against insurance brokers for failing to obtain cover for IP infringement claims in the US.
Allpay v Mace 2010 (Chancery Division) company's claim against individual directors alleging they negligently advised the board to invest in derivatives.
P v T 2009 (ad hoc arbitration) a port operator claimed an indemnity for its liability for breach of contract in failing to obtain insurance cover for a US customer.
H v a Bank (2009) advised on extent of bankers' duties to unsophisticated customers.
(confidential) 2007 (Queen’s Bench Division) defended financial advisers against allegations that they gave negligent investment advice.
FNCB v Barnet Devanney [1999] Lloyd’s Rep IR 459, [1999] 2 All ER (Comm) 233; [2000] P.L.N.R. 248 (CA) whether the defendant insurance brokers were negligent in failing to obtain a mortgagee protection clause to protect the interests of the co-insured bank under a composite policy.

Insurance and Reinsurance

Re Q (confidential) 2013 advised the directors of an off-shore insurance management company and off-shore insurance company as to their liabilities for failing to detect fraud by a co-director of the insurance company.
W v Allianz ongoing advising insured property owner on the indemnity payable after a property awaiting refurbishment was destroyed by fire.
Reid v Groupama 2013 advising property owner alleging breach by his insurers of their obligation to reisntate the property following subsidence damage.
Toner v Insurance Corporation of the Channel Isles  2012   Clause purporting to grant rights of subrogation before insurer had paid an indemnity.
Data Connection v Aston Scott  2011 (Commercial Court) negligence claim against insurance brokers for failing to obtain cover for IP infringement claims in the US.
Telered v Farmers Union 2010 (Commercial Court) network operator's claim for an indemnity for loss arising from the fraudulent use of an ATM network.
Re: X Family Trust 2009 advising trustees on insurance aspects of potential claim for breach of trust.
(confidential) 2009 advising the director of a Jersey Trust Company on policy coverage issues arising from allegations of overcharging by a beneficiary.
(confidential) 2008 advising a Jersey trust company on the extent of its duty to notify its insurers of allegations made against it as “circumstances which may give rise to a claim”.
(confidential) 2006 advising trustees of a Jersey split capital investment trust as toalleged non-disclosure in taking out a Directors & Officers indemnity policy.
Tate Gallery v Attorney General 2005 (Chancery) seeking the Court’s directions regarding the return of two stolen Turner paintings owned by the Tate Gallery. Insurers' rights of subrogation bought out.
The "TP" (Commercial Court) marine insurance claim under loss of hire policy following engine breakdown, alleged non-disclosure of a similar incident.
Craft Enterprises (International) Ltd v AXA Insurance Co. [2004] 2 All ER (Comm) 123 [2004] 2 CLC 427, [2005] Lloyd's Rep 1.R. 14 (CA) jurisdictional challenge arising out of a marine insurance policy and certificates of marine insurance.
Koetter Kim Ltd v Tryg Baltica Insurance 2001 CA Amendments, estoppel, striking out.
FNCB v Barnet Devanney [1999] Lloyd’s Rep IR 459, [1999] 2 All ER (Comm) 233; [2000] P.L.N.R. 248 (CA) whether the defendant insurance brokers were negligent in failing to obtain a mortgagee protection clause to protect the interests of the co-insured bank under a composite policy.

Administrative and Public Law

Legal Services Commission v Aisha Henthorn [2012] 1 WLR 1173, [2012] 2 All ER 439 [2012] 1 Costs L.R. 169 test case on the LSC's ability to reclaim payments on account made to barristers.
Secretary of State for Social Security v Remilien [1997] 1 WLR 1640, 1998 1 All ER 129, [1998] 1 FLR 444
R v Oxford Social Security Appeal Tribunal exp. Wolke [1996] C.O.D 418 - Income Support, free movement
R v Secretary of Sate for Home Department exp. Vitale [1996] All ER (EC) 461; [1996] 2 CMLR 587; [1996] Imm. A.R. 275; [1996] C.O.D. 382 Free movement of persons income support
R v Secretary of State for Health exp. Macrae Seafoods Ltd [1995] C.O.D. 369 Agricultural Imports
R v Immigration Appeal Tribunal exp. Antonissen (c-292/89) ECJ [1991] ECR I - 745, 19912 CMLR 373

Shipping

Geraldine Clark is an established shipping junior. She is recommended  as a Leading Junior by Legal 500. Her shipping cases  include:

CH Offshore v (1) PDV Marina, (2) Astivenca (Commercial Court) - ongoing claim for US$56 million following a state oil company's failure to pay for use of rig support vessels.
The "Marine Prosperity"   Bunge v Wilhelmsen Marine Fuels; Wilhelmsen Marine Fuels v ExxonMobil (Commercial Court) - 2014 bunker quality dispute after crew members became ill during bunkering in Singapore.
A v A (2012) advising grain trading house in multi-jurisidictional dispute.
The "Toisa Pisces" 2011 (Commercial Court) marine insurance claim under loss of hire policy following engine breakdown, alleged non-disclosure of a similar incident.
P v T 2009 (ad hoc arbitration) a port operator claimed an indemnity for its liability for breach of contract in failing to obtain insurance cover for a US customer.
Black Sea to Iraq under the UN oil-for-food programme.
Talmay v Petraco 2009 (Commercial Court) Oil trading; whether buyer or seller obliged to obtain position holder's consent to shipment.
The "MV" and The "MR" 2009 (LMAA arbitration) disputes between shipowners and the vessels’ technical managers.
The "F" 2007 (LMAA arbitration) claim against their time charterers for engine damage alleged to result from bunkers containing excessive water.
Pentonville Shipping v Transfield Shipping (The “Johnny K”), [2006] EWHC 134 (Comm.),(Commercial Court) appeal under s.69 Arbitration Act 1996; order by the terminal to the vessel requiring her to depart before loading a complete cargo.
“The Jotunheim” [2005] 1 Lloyd’s Rep 181 (Commercial Court) established that the Court can grant relief from forfeiture in favour of demise charterers late in paying hire.
Marinteknik Shipbuilders v SNC Passion 2004 (Commercial Court) obtained an injunction preventing a beneficiary from calling on a bank guarantee in a case where fraud was not alleged but the underlying contract had been frustrated.
The "Mega S" Log-o-Mar v Craft Enterprises International Ltd [2004] EWHC 1836 (Comm); [2004] LMLN 29.9.04 (Commercial Court), international sale of defective steel bars shipped from the(confidential) 2004 (LMAA) arbitration, obtained the striking out of eleven arbitrations following 15 years of sporadic activity by the claimants.
Andre & Cie v Euro Asian Investment Corporation [2001] All ER (D) 23 (Commercial Court) commodities trading, whether the defendant was estopped by a Russian judgment from contending that the claimant, which had financed the procurement of quantities of soyabean for supply by the defendant to a third party, was the sellers’ agent.
SK Shipping Ltd v BB Energy (Asia) Ltd [2000] 1 All ER (Comm) 810 (Commercial Court) where the buyers of a parcel of gasoil were entitled to nominate a loading date range “subject to terminal acceptance” the sellers were responsible for seeking the terminal’s acceptance and where they had failed to do so they were bound to load during the nominated range.
The “Hill Harmony” [1999] QB 72, [1998] 4 All ER 286 (Commercial Court) whether the master of a time chartered vessel was obliged to follow the voyage route specified by the charterers.
Becher v Roplak [1992] 2 Lloyd’s Rep. 23 (Court of Appeal) where the sellers failure to have documents in place delayed the berthing of the vessel, whether damages were payable when loading was nevertheless completed within the number of days permitted by the sale contract.

Private International Law

Choil v Addax 2009 whether claims made under a JVA fell within the scope of English jurisdiction clauses in sale contracts made under the JVA.
W & S v B 2009 (Queen's Bench) validity of loans made in connection with a JVA; interrelationship between Canadian and English actions.
Scotts Media Trust v Dryburgh 2009 (Chancery) whether English or Scottish courts were forum conveniens for a liquidator's claim against the director of a Scottish company alleging breach of fiduciary duties, setting aside extension of validity of writ obtained without full disclosure.
Dept. of Civil Aviation of the Kyrgyz Republic v Finrep, [2006] 2CLC 402, [2007] Bus.LR.D17,Commercial Court, represented a foreign government department in a dispute with an investor in a national airline in a challenge to an award for lack of jurisdiction under s. 67 Arbitration Act 1996.
Craft Enterprises (International) Ltd v AXA Insurance Co. [2004] 2 All ER (Comm) 123 (CA) jurisdictional challenge arising out of a marine insurance policy and certificates of marine insurance.

Qualifications

Glasgow University LLB (Hons)
Carnegie Trust Scholarship
Dipolma in Law
Holt Scholar of Gray's Inn
IoD Chartered Director (Distinction)

Appointments

Deputy High Court Judge 2013
Records, London & South Eastern Circuit (authorised to sit in Civil and Crime) 2006-present
Gray's Inn Student Committee 2009-2011
Gray's Inn Continuing Education & Advocacy Committee 2007-2011
CEDR Solve Panel 2005-2011
Director, Newham Training & Education Council 2001-2008

Memberships

Chancery Bar Association
Commercial Bar Association
LMAA (Support Member)
British Irish Commercial Bar Association

Publications

Contributor to Bar Council's paper "Reforming Civil Litigation" 2013
"Jonathan Sumption QC on Appellate Advocacy" The Circuiteer, April 2010
"Buyers' rights when shops go bust" The Lawyer, 15 April 2009
"Shipping: damages for breach of contract" Law Society Gazette, 27 November 2008
"Do England's Courts have Jurisdiction?" Flow Chart, September 2005
"Injuncting calls on a performance guarantee absent fraud: The "Passion" Journal of International Banking Law and Regulation, June 2005

Kluwer Insurance & Reinsurance Law Briefing:
"Mortgagee protection clauses: brokers beware" 10 September 1999
"Composite policies: a trap for unwary insurers" 13 April 1999


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