Sara Cockerill
Born: 1968
Call: 1990 (Lincoln's Inn)
Contact
Essex Court Chambers
24 Lincoln's Inn Fields, London WC2A 3EG
Tel: 020 7813 8000 Fax: 020 7813 8080
scockerill@essexcourt.net
Contact my clerk
About
Sara Cockerill specialises in all areas of commercial law, and in particular in cases involving shipping and international trade and insurance and reinsurance,.
She is an experienced trial advocate, having appeared in proceedings and trials in the Commercial Court as well as numerous commercial arbitrations. She has appeared a number of times in the Court of Appeal and has also appeared in the House of Lords.
She is particularly experienced in large scale litigation requiring extensive factual and legal preparation, having been involved from throughout her career in a number of major cases arising out of the most significant problems which have arisen in the insurance and reinsurance markets in recent years, including the Gooda Walker litigation, Weavers pool reinsurance arbitrations, significant PA Spiral arbitrations, film finance disputes and more recently US viatical insurance disputes.
Sara has also acted in a number of disputes as umpire/third arbitrator. Advice on, preparation for, and assistance at mediations is also an increasing part of her practice.
Her work in the last two years has included:
- Bunge v ADM and Others (“The Darya Radhe”) [2009] 2 Lloyd’s LR 475, [2009] All ER (D) 174: a case which clarifies the meaning of “legal danger”, confirms that the concept is confined to the common law and discusses the question of proof of breach (in this case against one out of a number of possible parties) in the absence of direct evidence.
- Fortis & Stemcor v IOB [2009] EWHC 2303 (Comm): a case raising a variety of issues under a number of letters of credit including the nature of “silent confirmation” and the ambit of the new “preclusion” provisions in UCP 600
- Three substantial cases involving contracts for sale of coal from Russia, involving issues of repudiation and waiver of breach of contract
- A large shipbuilding arbitration raising issues as to the nature of “First class European shipbuilding standards”
- An arbitration under a variety of reinsurance contracts dating from late 1970s and early 1980s involving issues as to the burden of proof under a “double proviso” follow settlements clause, the impact of the recent Equitas v R&Q decision on contracts outside the LMX spiral as well as individual issues on proof of individual claims
- A large ICC dispute concerning oil exploration with substantial issues on jurisdiction, proper law of arbitration clause and contract, quantum meruit and equivalent concepts under UNIDROIT Principles of Commercial Contracts
- Two lengthy and complex arbitrations concerning insurance of US Viaticals business
- A substantial arbitration concerning quota share reinsurance of accident disability and critical illness policies
- R v V [2008] All ER (D) 111, 119 Con LR 73: a dispute regarding the enforcement of an ICC arbitration award on grounds of public policy; and in particular whether the court is entitled to inquire into an issue of illegality decided by the Tribunal under Arbitration Act 1996, sections 68(2)(g) and 81(1)(c).
- A range of LMAA arbitrations raising a variety of issues (inter alia Statute of Frauds, force majeure, Centrocon arbitration clause, ice clause, dangerous cargo,)
Education
- MA, St Anne's College, Oxford
Areas of practice
