Profile

Jonathan is a Partner in Kennedys’ London office. He specialises in marine insurance and reinsurance, shipping disputes and marine casualties. He represents insurers and reinsurers in claims for hull and machinery (H&M), increased value, loss of hire, cargo, mortgagee's interest (MI), war, charterers' liability, ports and terminals, and general liability. Jonathan also acts for shipowners, charterers, and protection and indemnity (P&I) clubs in relation to collisions, salvage, and cargo claims.

He has been instructed on a number of complex claims, often with an international element, from representing insurers and owners in Lloyd’s Open Form salvage arbitration, collisions in the Far East, detention of a crew for smuggling arms and wreck removals, to advising MI insurers on vessel detainments in South America.

Jonathan regularly lectures to clients based in the UK and overseas, and at various universities based in the UK. He is a member of the Forum of Insurance Lawyers (FOIL).

He is an Adjunct External Fellow of the Centre for Maritime Law of the National University of Singapore. He is also a former chairman of Lloyd's Marine U35s Insurance Group and a member of the London Maritime Arbitrators’ Association.

Qualifications

  • Qualified in England and Wales in 2008

Market recognition

  • Recommended lawyer for 'Transport: Shipping (London)'
    The Legal 500 UK 2021

Work highlights

  • Advising H&M insurers on potential coverage defences to a claim for a constructive total loss of a vessel following liquefaction of cargo on board and successfully resolving the claims at mediation.
  • Representing H&M insurers and owners in Lloyd’s Open Form arbitration on a case where salvage services were alleged to have been unnecessarily prolonged and to have increased the dangers to the vessel and its cargo.
  • Advised H&M insurers on coverage for a disputed constructive total loss (CTL) claim following the grounding of the insured vessel during an undisclosed scrap voyage.
  • Acting for H&M insurers with 4/4ths collision liability and owners for uninsured losses in connection with a collision in a European port, and on the basis of preliminary assessments of likely proportionate fault and quantum concluding a drop hands settlement within 48 hours of our instruction.
  • Advised H&M insurers on coverage for a CTL of a vessel caused by heavy waves/swell due to a typhoon that forced the stern ramp to open, resulting in flooding of the cargo deck and the capsize of the vessel, in light of a breach of warranty.
  • Advising international insurers on extensive amendments to a bespoke contractors’ all risks, project cargo and delay in start-up policy wording for a major infrastructure project in North America.
  • Advised cargo interests in respect of a recovery against the carrier for damage caused to a consignment of Russian maize due to faulty hatches preventing a watertight seal during a voyage from Latvia to Norway.
  • Advised owners/H&M insurers in respect of the assured’s vessel colliding with two port gantry cranes in Haiphong Port, Vietnam, which caused physical damage and business interruption losses.
  • Advised charterers’ liability underwriters on coverage as a result of the vessel encountering heavy weather that caused a cargo shift and, in turn, one of the power pack units to overturn and spill about 200 litres of hydraulic oil into the lower hold, which caused damage to the cargo and to the vessel.
  • Advised on a marine professional negligence insurance policy provided to its insured in respect of a subrogated claim brought by cargo insurers for negligently completing bills of lading that designated the cargo as not to be refrigerated, which resulted in three reefer containers on board the vessel not being maintained at the appropriate temperature and therefore causing damage to the cargo.
  • Advised excess of loss H&M underwriters in respect of coverage for a claim by a shipyard for pollution clean-up costs following an oil spill whilst the vessel was in dry dock undergoing repairs as a result of a grounding.
  • Acted for subrogated insurers and reinsurers in pursuit of a recovery action for property damage and business interruption losses against the P&I insurers of a vessel that dragged its anchor, fouling an underwater pipeline.
  • Advising MI insurance underwriters in respect of a claim brought by the mortgagee of the vessel following the vessel’s war risks’ underwriters’ decision to avoid the war risks cover in force at the time of the vessel’s detention in Venezuela in August 2015. Advised on coverage, quantum and rights of recourse.
  • Advised MI insurance underwriters in respect of a claim brought by the insured as mortgagee of the vessel following the decision of the vessel’s H&M underwriters to decline cover for a total loss under the H&M policy whilst on a voyage from Safaga, Egypt to Djibouti for repairs. Advised on coverage, quantum and rights of recourse.