Simon Hems Partner

Experience

• Representing one of the lessor claimants against the London aviation hull all risks and war risks re/insurance markets in the multi-billion dollar “Russian Aviation Litigation”, listed by The Lawyer as one of the top 20 cases in 2024 in the English High Court. The claims are pursued under lessor and operator policies relating to western-owned aircraft trapped in Russia and Ukraine following Russia’s invasion in February 2022, the imposition of EU/UK/US sanctions, and Russian policy and law preventing the return of aircraft. The matters have already produced landmark judgments, including overruling Russian law and jurisdiction agreements on grounds of substantial risk of injustice (Zephyrus & Ors v Fidelis & Ors [2024] EWHC 734 (Comm)) and finding that western-owned aircraft on lease to Russian airlines at the time of Russia’s invasion of Ukraine were lost due to an insured war risk peril of restraint / detention by or under the order of the Russian government (GASL Ireland Leasing A-1 Limited v Kiln Syndicated 510 & Ors [2025] EWHC 1430 (Comm)).
• Representing a strategic acquisition services and supply chain management company responsible for securing and supplying heavy artillery shells to the Ukraine front line, in respect of a) preventing the publication of sensitive supply chain information; and b) securing the release of a seized cargo of shells bound for Ukraine.
• Advising various clients on permissible / advisable activities to ensure compliance with sanctions regulations imposed following Russia’s invasion of Ukraine, including advising on the export of goods and shipping prohibitions; dealing with securities and debt issued by sanctioned Russian banks; the ability of Russian subsidiary companies to procure insurance from Russian carriers and the disposal of Russian assets in a sanctions compliant manner.
• Representing a leading food and beverage brand in respect of a multi-million pound claim to recover losses to goods in storage and business interruption arising out of a leak of ammonia from the facility’s refrigeration system.
• Representing a leading hotel brand in respect of issues arising on a project to renovate one of its hotels in Turkey, including claims relating to cost and schedule overruns.
• Representing a Houston-based offshore services company in London arbitration arising out of the termination of a charterparty and over-arching joint venture agreement with a Norwegian wind farm installation contractor, for the use of lift-boats in US offshore wind projects.
• Representation of a leading offshore pipeline installation company in respect of a c.US$400 million dispute concerning unresolved change orders, local content and tax claims and final accounting for a project offshore West Africa.
• Assisted a leading OSV fleet owner/operator in respect of unwinding its joint venture arrangements for providing vessels for operations offshore Ghana, including litigation in the Ghanaian courts and multiple LMAA arbitrations in London.
• Representation of a Gulf of Mexico based oil company in respect of claims against underwriters for losses arising out of hurricanes Ike and Gustav to c.60 operating properties offshore Louisiana and Texas. Overall losses for property damage, plug and abandonment and re-drilling of wells amounted to c.US$115 million.