Rachel specialises in Shipping, Commercial and Public Law. Her shipping practice includes all aspects of shipping and maritime work (“dry” shipping –most particularly, shipbuilding disputes, a wide variety of bills of lading/charterparty disputes, indemnity claims, Agency Agreement disputes, contamination and cargo claims; “wet” shipping/Admiralty claims, primarily collisions/allisions including jurisdictional and procedural issues), international trade, contracts for the sale and carriage of goods together with insurance and re-insurance.

Rachel is experienced in mediation as well as arbitration and has developed a very successful shipbuilding and superyacht practice, an area in which she has represented both Owners and many of the leading Builders and has developed an impressive reputation being instructed in many of the significant, high-value newbuild disputes involving a number of the world’s largest superyachts. Rachel has also contributed to legal publications providing opinion and commentary in relation to superyacht law and practice. Rachel has been instructed recently in a number of significant, varied and high value collision/allision cases involving bulk carriers, tankers and also a number of vessels and craft operated by the Ministry of Defence. Rachel has also advised recently in relation to and appeared in a number of Applications before the Commercial Court requesting urgent interim injunctive relief (including anti-suit).

As an experienced shipping and employment lawyer, Rachel is also uniquely placed in the market to provide advice to international shipping companies in relation to their crewing and management disputes.

Rachel has developed her impressive shipping practice alongside the work she has carried out for over 20 years as a member of the Attorney General’s Counsel and Special Advocate panels. Rachel’s work as a Special Advocate has seen her acting in a significant number of high-profile, particularly sensitive cases involving complex issues of international law, human rights and national security. She regularly appears as junior Counsel in cases involving HMG’s most senior lawyers. She acts in the best interests of the client in cases against parties such as the Secretary of State for the Home Department, Secretary of State for the FCDO, the Security Service (MI5), the Secret Intelligence Service (MI6) and the National Crime Agency. Rachel is recognised as a “go-to junior of choice” in this field with an exceptional level of experience gained as a result of having been appointed in many of the most high-profile national security cases to pass through the courts.

 

Key cases & testimonials

Superyacht (build dispute) – arbitration: acting as counsel on behalf of a (Respondent) Purchasing Company of multi-million Euro “superyacht” (100+m) in relation to a dispute with the Builder which arose during construction of the “superyacht”. The dispute and issues between the parties concerned allegations regarding Permissible Delay, “changes and modifications”, late delivery of decisions, late supply, costs overrun and time delays. At the time the superyacht was the largest of its kind ever to have been built.

Ullah v National Crime Agency & Others [2023] EWHC 1440 – acting as junior Special Advocate in a case proceeding in the Administrative Court. The High Court decided that Article 6 is engaged and minimum disclosure requirements apply in judicial review of the NCA’s refusal to provide consent for transfer of settlement monies to an individual sanctioned by the US. Claimant was captured by British soldiers in Iraq in 2004 and handed over to US armed forces. He was held at Bagram Airbase in Afghanistan for ten years without charge. He alleges he was tortured by the UK and US personnel. Upon release, he brought a civil claim against the UK Government which was settled for a substantial sum without admission as to liability. Given the Claimant’s name was included as an alias of an individual listed on a US sanctions list, the Claimant’s solicitors sought consent from the NCA to transfer the settlement monies to the claimant. The NCA refused consent under section 21ZA of the Terrorism Act 2000. The Claimant brought judicial review proceedings against the NCA. The High Court held that Article 6 ECHR applies to the Claimant’s challenge to the refusal to provide consent because the proceedings are “directly decisive” of his civil right to access his settlement money, and the disclosure principles identified in AF (No 3) v SSHD [2010] 2 AC 269 apply to the proceedings.

Shipbreaking case – Hamida Begum v Maran [2021] EWCA Civ 326 – acting as junior Counsel in a case which resulted in the first ruling of its kind anywhere in the world from the Court of Appeal of England and Wales which held that a shipping company in London could owe a duty of care to shipbreaking workers in Bangladesh even where there are multiple third parties involved in the transaction. Case of great significance in terms of environment and health & safety practices across the maritime sector.

Nexperia v Secretary of State for BEIS – 2023, Rachel is acting as junior Special Advocate in what started out as the first potential closed material proceedings case to come before the courts under the National Investment and Security Act 2021. Case concerns a decision of the Secretary of State for Business, Energy and Industrial Strategy pursuant to s26 of the NSIA ordering a subsidiary of a Chinese owned company to unwind its takeover of an entity, citing that there was a risk to national security in relation to technology and know-how and facilitation of technological expertise.

Saudi Arms – judicial review case brought by CAAT of the SSIT’s decisions to continue to grant export licences for the supply of arms to Saudi Arabia for use in the conflict in the Yemen. Case received widespread media attention and is of general public importance given the increasingly desperate humanitarian crisis in the Yemen. Rachel acted as junior Special Advocate in the first and second judicial reviews, led by Angus McCullough KC [2019] EWCA Civ 1020; [2023] EWHC 1343

Rachel is an excellent strategist with great tactical nous to boot. She has a phenomenal ability to get to grips with highly complex materials.Legal 500 2024
She was quick to understand our points and executed them flawlessly. She was completely in sync with our objectives.Chambers UK 2024
Her attention to detail and ability to analyse a huge amount of information in a short period of time are unrivalledChambers UK 2024
Rachel has an excellent reputation.Chambers UK 2024
Rachel has a truly awesome ability to master a brief in diverse areas of practice. Her written advocacy is rapier sharp and highly persuasive. Moreover, she is completely fearless, works unbelievably hard and is extremely tactically astute.Legal 500 2022

Areas of expertise

Rachel accepts instructions in all areas of shipping (both wet and dry) and has been involved in numerous high value, complex disputes.

Recent work includes:

Superyacht (build dispute) – arbitration: acting as counsel on behalf of a (Respondent) Purchasing Company of multi-million Euro “superyacht” (100+m) in relation to a dispute with the Builder which arose during construction of the “superyacht”. The dispute and issues between the parties concerned allegations regarding Permissible Delay, “changes and modifications”, late delivery of decisions, late supply, costs overrun and time delays. At the time the superyacht was the largest of its kind ever to have been built.

Superyacht – brokerage dispute – arbitration. Instructed on behalf of a purchaser of a multi-million Euro superyacht (100m+) to defend a substantial claim proceeding in (LMAA) arbitration for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of the Respondent’s obligation of confidentiality arising under that agreement.

Hamida Begum v Maran [2021] EWCA Civ 326 – Shipbreaking case – acting as counsel in a case which resulted in the first ruling of its kind anywhere in the world from the Court of Appeal of England and Wales which held that a shipping company in London could owe a duty of care to shipbreaking workers in Bangladesh even where there are multiple third parties involved in the transaction. Case of great significance in terms of environment and health & safety practices across the maritime sector.

Advising foreign Shipowners in relation to a multi-jurisdictional, multi- Euro severance pay issue that had arisen under a number of BIMCO Crewman Agreements

Advising foreign consultants to ship owners and ship management companies in relation to Seafarer Employment Agreements, compliance with MLC, collective bargaining agreements and flag state requirements

Hong Kong arbitration – dispute as to proper construction and interpretation of the laytime and dispatch/demurrage provisions of a charterparty pursuant to which coal to be carried from USA to China

Represented charterers in significant multi-party charter party dispute defending claims brought by owners for damages and demurrage relating to “dangerous cargo” (petcoke)

Confidential – series of bulk carriers, representing buyers and managers in relation to number of significant and complex multi-million-dollar shipbuilding disputes with foreign shipyard (manoeuvrability, light running margin, boiler capacity deficiencies, fuel consumption and Energy Efficient Design index notations, passage through barred speed range)

Confidential – superyacht refit – one of world’s largest superyachts

Confidential – advice to Secretary of State for Defence in relation to a number of Admiralty cases including collision between naval and other vessel; allision between a work vessel and pontoons/shore-side equipment and facilities owned by the MoD

Charterparty advice – grounding off Tunisia.

Platform Explosion – representing P&I underwriters in relation to an explosion which occurred on a fixed co-mingling facility platform which resulted in fatality and personal injuries

Represented vessel owners in Admiralty Court claim against ship repairers. Alleged breach of contract and negligence in and about repairs to a Thames pleasure craft which suffered a fire in her engine room

Anchor-dragging in Turks & Caicos Islands

YR [2014] EWHC 4406 QB: instructed as junior Counsel on behalf of owners of Panamax bulk carrier in relation to a multi-million dollar dispute arising out of incident concerning interaction between the wash of another bulk carrier and the vessel in Brazil

 “X” – instructed on behalf of Claimant Owners of 175m bulk carrier in relation to an allision which took place within the enclosed dock system of a port where contact made between vessel and swing bridge. Alleged damage to vessel and oil pollution leading to significant clean-up operations. Allegations relating to port safety and management (incl. PMSC), risk assessment process and procedure, navigational error, pilotage

BB -instructed to advise intended Claimant in relation to alleged damage sustained by a number of consignments for shipment on board reefer vessels

O v P [2013] EWHC 3855 (Comm): instructed to advise and to appear on behalf of international shipping logistics Applicant/intended Claimant in ex parte application in Commercial Court for anti-suit injunction

City Cruises v Transport for London [2012] 1 Lloyd’s Rep 471: instructed on behalf of Claimant insurers of passenger cruise vessel in Admiralty Court litigation against TfL in relation to allision between vessel and Westminster Bridge

Grenco BV v J&E Hall Limited, Jackstone Froster Limited & Others: acted as junior Counsel on behalf of Defendant suppliers of vertical stack plate freezers for industrial use on land and on-board ocean-going vessels. Defending substantial claims for damages and loss of profits for breach of contract and/or negligence concerning design and supply of aluminium freezers

MV SEA CRESTA – Rachel acted as junior Counsel on behalf of shippers and charterers defending claims brought by Owners in arbitration for damages arising out of the carriage of a cargo of Direct Reduced Iron from Trinidad to Canada. Allegations of dangerous cargo, use and suitability of Thermocouples, seaworthiness of vessel

Jack O Lantern – instructed on behalf of Claimant racing yacht Owner in relation to claim for damages arising out of alleged de-masting during course of Round Britain and Ireland race.

“OML” – claim involving alleged delamination and structural failing of a racing yacht

MV Gallant – appeared on behalf of shipowners in German arbitration (Hamburg) in relation to charterparty dispute referred to arbitration subject to the Rules of the German Maritime Arbitrator’s Association.

Glencore International AG (and others) v Metro Trading International Inc (and others) [2001] 1 Lloyd’s Rep 284; [2002] EWCA Civ 528 – multi-party complex litigation, conflict of laws, relevant rules of Fujairah and English law, title to blended/co-mingled oil and priorities, jurisdictional issues. Numerous interlocutory applications

The Great Peace [2001] 151 NLJ 1696, [2002] 3 W.L.R. 1617 – junior counsel on behalf of salvors in the Court of Appeal in relation to claim for unpaid hire. Court of Appeal did away with the equitable doctrine of common mistake overruling Solle v Butcher

Rachel acts as Special Advocate, appointed by the Attorney-General. She has been involved in a significant number of recent high-profile cases

Recent work includes:

Ullah v National Crime Agency & Others – [2023] EWHC 1440 – acting as Special Advocate (led by Angus McCullough KC) in a case proceeding in the Administrative Court. The High Court decided that Article 6 is engaged and minimum disclosure requirements apply in judicial review of the NCA’s refusal to provide consent for transfer of settlement monies to an individual sanctioned by the US. Claimant was captured by British soldiers in Iraq in 2004 and handed over to US armed forces. He was held at Bagram Airbase in Afghanistan for ten years without charge. He alleges he was tortured by the UK and US personnel. Upon release, he brought a civil claim against the UK Government which was settled for a substantial sum without admission as to liability. Given the Claimant’s name was included as an alias of an individual listed on a US sanctions list, the Claimant’s solicitors sought consent from the NCA to transfer the settlement monies to the claimant. The NCA refused consent under section 21ZA of the Terrorism Act 2000. The Claimant brought judicial review proceedings against the NCA. The High Court held that Article 6 ECHR applies to the Claimant’s challenge to the refusal to provide consent because the proceedings are “directly decisive” of his civil right to access his settlement money, and the disclosure principles identified in AF (No 3) v SSHD [2010] 2 AC 269 apply to the proceedings.

Nexperia v Secretary of State for BEIS – Rachel is acting as junior Special Advocate (led by Kieron Beal KC) in what started out as the first potential closed material proceedings case to come before the courts under the National Investment and Security Act 2021. Case concerns a decision of the Secretary of State for Business, Energy and Industrial Strategy pursuant to s26 of the NSIA ordering a subsidiary of a Chinese owned company to unwind its takeover of an entity, citing that there was a risk to national security in relation to technology and know-how and facilitation of technological expertise.

Z3 – appointed as junior Special Advocate in bail, deportation and deprivation proceedings before SIAC (led by Shaheen Rahman KC). Z3 was a naturalized British citizen who was convicted of an offence under the Terrorism Act 2016, and subsequently a breach of a Terrorism Prevention and Investigation Measure (TPIM). Z3 was served with a notice of deprivation of nationality and decision to deport him in 2018. He was detained at HMP Belmarsh. He challenges the decision to deprive him of nationality before SIAC. Case due to be heard 2024.

Saudi Arms – judicial review case brought by CAAT of the SSIT’s decisions to continue to grant export licences for the supply of arms to Saudi Arabia for use in the conflict in the Yemen. Case received widespread media attention and is of general public importance given the increasingly desperate humanitarian crisis in the Yemen. Rachel acted as junior special advocate in the first and second judicial reviews, led by Angus McCullough KC [2019] EWCA Civ 1020; [2023] EWHC 1343

Liberation Tigers of Tamil Eelam – Rachel reappointed to act as Special Advocate (led by Tom Forster KC) representing the interests of individuals in CLOSED seeking to de-proscribe the LTTE. Case proceeding before the Proscribed Organisations Appeals Commission in 2023/2024

B4 – appointed in deprivation proceedings before SIAC in 2022, Rachel continues to act as junior Special Advocate in relation to the appeal due to be heard by the Court of Appeal in 2024 [SC/159/2018]

C2 – deprivation case proceeding in SIAC (2023/2024). SSHD deprived C2 of his British citizenship on “conducive to the public good” grounds due to the threat he is assessed to pose to national security. The SSHD asserts that C2 has been an agent of the Russian Military Intelligence Service (GRU)  Rachel is led by Zubair Ahmad KC

C8 and C11 and others – instructed as Junior Special Advocate, appointed to act in claims brought by a number of alleged ISIS-aligned women appealing against decisions to deprive them of their British citizenship whilst held, with their children, in camps in Syria. Cases case managed alongside the case of Shamima Begum in 2022.

Abu Zubaydah v FCDO and Others – acting as junior Special Advocate (led by Angus McCullough KC and Martin Goudie KC) in 2023/2024 Administrative Court proceedings against the FCDO. Abu Zubaydah is a detainee at Guantanamo Bay. He has been detained without trial for almost 20 years. Between 2002 and 2006 he was unlawfully rendered by agents of the USA to no fewer than six countries. In 2006 he was rendered to Guantanamo Bay where he has been held without trial ever since. It is alleged that in each of the 6 countries he was detained as US “black site” prisons here he was subjected to extreme mistreatment and torture including waterboarding on more than 80 occasions, extreme sleep deprivation, confinement inside tiny boxes, beatings, denial of medical care. Abu Zubaydah has issued proceedings against the FCDO, the Home Office and the AG seeking damages and other relief for the Defendants’ complicity in and their facilitation and encouragement of the extreme mistreatment and torture that he was subjected to during his arbitrary detention.

ARAP cases – Rachel has been appointed in a number of the Afghanistan Relocation and Assistance Policy (“ARAP”) cases proceeding through SIAC including AX/GLO and H5. AX worked as an interpreter for the coalition forces in Afghanistan. He applied (together with his family) for a visa to relocate to the UK just as the Taliban were returning to power. AX’s application was refused. Judicial Review proceedings were brought against the refusal. Rachel and Tim Buley KC acted as Special Advocates. The SSHD withdrew her decision and the decision was retaken resulting in visas being granted.

QB v Security Service & Secret Intelligence Service et – claims for detention, false imprisonment and mistreatment of the Claimant in Libya. Claims for misfeasance in public office. Sequel to the Kamoka litigation (in which Rachel was also instructed as junior Special Advocate). Led by Tom Forster KC. Cases arise out of alleged co-operation between the Defendants (particularly MI5 and MI6) and the Libyan Security Services and the alleged failure of the Defendants to disclose matters relating to that co-operation and the alleged routine extraordinary rendition of members of the LIFG to Libya for interrogation in arbitrary detention when Libyan authorities widely known to use torture.

KAB v Secretary of State for Defence and Secretary of State for Foreign and Commonwealth Affairs – case concerning three Afghan nationals who each claimed that they worked for the Defendants in Afghanistan between 2008 and 2013 as covert human intelligence sources and who claim that they and their families are now in extreme danger and at risk from retributive attacks including execution by the Taliban. Individuals alleged a failure on the part of the Defendants to provide them with appropriate protection and compensation following the termination of their engagement as informants [2019] EWHC 1757

Belhaj v Jack Straw & Others –extraordinary rendition and torture case concerning the former Libyan dissident Mr Belhaj, an opponent of Colonel Gaddafi, and his wife Ms Boudchar who alleged complicity of the UK authorities and intelligence agencies in various torts allegedly committed by various other states in overseas jurisdictions. The case settled earlier in 2018 amid much publicity when the AG gave an unprecedented apology in Parliament on behalf of HMG and the Security Services.

Appointed in cases proceeding before the Security Vetting Appeals Panel (SVAP) and acts as Special Advocate in a number of TPIM challenges (and a TEO challenge) proceeding in the High Court.

Further information

Hardwicke Scholar (1998-1999)
Sir Thomas More Bursary (1998-1999)
Wolfson Scholar (1997-1998)
Exhibitioner at Christ Church (1994-1997)

Christ Church, Oxford University BA (Hons 1st Class)

Law with Legal Studies in Europe

Konstanz University, Germany, LLM (finalised December 1999) German/Comparative law

German (fluent) & French (good working knowledge)

Appointments & Memberships

Oxford Exhibitioner (1994-1997)

Hardwicke Scholar (1998-1999)

Wolfson Scholar (1997-1998)