Contact details

Kirsty MacHardy

T: +44 20 7809 2440 M: +44 7798 635 760 Email Kirsty Office: London

Kirsty MacHardy Partner

Contact details

Kirsty MacHardy

Kirsty MacHardy
Partner

T: +44 20 7809 2440 M: +44 7798 635 760 Email Kirsty Office: London

Kirsty is an experienced litigator specialising in a wide range of shipping matters, acting principally for major owners, charterers, P&I Clubs and banks located in Europe and worldwide.
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Kirsty advises on all aspects of shipping disputes including disputes arising under shipbuilding contracts, MoAs, charterparties including for LNG vessels, bills of lading, shipping investments and joint ventures and problem loans/work-outs.  She has significant experience in handling large-scale litigation in the High Court and arbitration, including successfully taking cases to the Court of Appeal and Supreme Court.

On non-contentious shipping matters, Kirsty frequently advises clients on drafting bills of lading and charterparty standard clauses, negotiating and drafting shipbuilding contracts and refund guarantees and drafting and advising on MoAs for the sale and purchase of second-hand tonnage. Kirsty also has very significant expertise on advising on sanctions applicable to certain trades.

"Well-regarded and “provides high-quality advice on all matter of issues”."
The Legal 500 2020

 
  • Shipbuilding and offshore construction
  • International arbitration
  • Dispute resolution
  • Marine and international trade
  • Shipping litigation

Kirsty has considerable experience in relation to all aspects of shipbuilding, including acting for shipyards and buyers.

Shipbuilding cancellations

Acting for a Chinese yard in relation to a multi-million dollar dispute arising from an alleged wrongful cancellation of a series of 6 vessels.

Acting for German buyers in relation to a series of cancelled shipbuilding contracts.

Shipbuilding supply contracts

Acting for a Korean yard in relation to disputes arising under a supply contract.

Contract review (non-contentious)

Reviewing and drafting shipbuilding contracts for shipowners and managers.

More: Shipbuilding and offshore construction

Kirsty has very considerable experience in international arbitration, advising on all stages, including appeals and enforcement.

LMAA arbitration

Acting for a Chinese shipbuilder in relation to multi-million dollar claims arising from the alleged wrongful cancellation of a series of six shipbuilding contracts.

Acting for a charterer/petroleum trader for claims for contamination of a cargo of fuel oil.

Acting for a Turkish charterer in relation to claims for non-payment of hire.

Acting for a shipmanager in relation to a dispute under a pooling agreement for distributions.

More: International arbitration

Kirsty is an experienced litigator in many areas of dispute resolution.

English High Court Proceedings

Kirsty has considerable experience in large scale litigation, including in the appeal courts.

Arbitration (LMAA and Ad hoc arbitrations)

Kirsty has very considerable experience in international arbitration, advising on all stages, including appeals and enforcement.

Mediation and ADR

Kirsty has represented clients in mediation and other forms of ADR including Early intervention and ad hoc settlement discussions.

More: Dispute resolution

Kirsty advises on the full spectrum of dry shipping disputes.

Time charter disputes

Cases include withdrawal from charter, wrongful cancellation, non-payment of hire, liens and interception of freight, off-hire, speed and consumption and redelivery disputes.

Voyage charter disputes

Cases include laytime and demurrage, wrongful cancellation, deadfreight, failure to provide vessel and cargo.

Bills of Lading

Cases include cargo claims, letters of indemnity, advising on clausing of bills, cargo contamination, delivery orders.

General Average

Cases include claims for general average contribution.

MOA 

Cases include claims for breach of warranty, 

Joint Ventures

Advising and handling disputes arising out of joint ventures.

Shipbuilding disputes

Cases include cancellation disputes, delay claims and warranty claims.

Superyacht disputes

Cases include delay claims, re-fit contracts.

Ship finance enforcement

Cases include acting for financiers, banks and mortgagee interests including enforcement, arrest and ship sale.

More: Marine and international trade

Kirsty has considerable experience in large-scale litigation through to trial mainly in the English High Court, including interim applications such as security for costs and injunctive relief.

English High Court Litigation

Atlantik Confidence [2020] UKSC11

Acted for the successful bank in the Supreme Court in relation to a challenge on jurisdiction arising from the sinking of the Atlantik Confidence.

Pisante & ors v. Logothetis & ors. [2020] EWHC 3332 (Comm)

Acted for the successful applicants in relation to security for costs.

Jiangu Guoxin Corporation Ltd v. Precious Shipping Public Co. Ltd [2020] EWHC 1030 (Comm).

Acted for the shipyard on preliminary issues relating to the prevention principle and notice requirements to extend the vessels’ delivery dates.

More: Shipping litigation

  • Shipowners and operators
  • Shipping
  • P&I clubs
  • Shipbuilders

Kirsty acts for a number of the world’s leading shipowners, ship managers and charterers.

Major bulk carrier and container shipowner and ship manager

Acting in relation to alleged fraud arising out of shipping investments and joint ventures.

Ship managers

Cases include claims under ship management agreements.

Advising on sanctions.

London-based shipowner and ship manager

Drafting (non-contentious) Memorandums of Agreement for ship sale and purchase and advising on disputes including late delivery, non-payment and breach of warranty claims.

LNG tanker owner

Cases include significant off-hire claims relating to latent defect.

Major bulk carrier operator

Reviewing terms of shipbuilding contracts and advising on cancellation.

Charterers

Acting for Charterers in relation to claims including under sale contracts, laytime and demurrage and cargo claims.

More: Shipowners and operators

Kirsty advises owners, charterers, shipmanagers, financiers and banks on the full spectrum of dry shipping disputes.

Time charter disputes

Cases include withdrawal from charter, wrongful cancellation, non-payment of hire, liens and interception of freight, off-hire, speed and consumption and redelivery disputes.

Voyage charter disputes

Cases include laytime and demurrage, wrongful cancellation, deadfreight, failure to provide vessel and cargo.

Bills of Lading

Cases include cargo claims, letters of indemnity, advising on clausing of bills, cargo contamination, delivery orders.

General Average

Cases include claims for general average contribution.

MOA 

Cases include claims for breach of warranty, non-payment and late delivery.

Pooling Contracts

Cases for shipmanagers in relation to the construction and interpretation of pooling contracts and distributions of earnings.

Joint Ventures

Advising and handling disputes arising out of joint ventures.

Shipbuilding disputes

Cases include cancellation disputes, delay claims and warranty claims.

Superyacht disputes

Cases include delay claims, re-fit contracts.

Ship finance enforcement

Cases include acting for financiers, banks and mortgagee interests including enforcement, arrest and ship sale.

More: Shipping


Kirsty represents many P&I and Defence Clubs, including many of the IG Clubs, on a wide range of shipping disputes.

Time charter disputes

Cases include withdrawal from charter, wrongful cancellation, non-payment of hire, liens and interception of freight, off-hire, speed and consumption and redelivery disputes.

Voyage charter disputes

Cases include laytime and demurrage, wrongful cancellation, deadfreight, failure to provide vessel and cargo.

Bills of Lading

Cases include cargo claims, letters of indemnity, advising on clausing of bills, cargo contamination, delivery orders.

General Average

Cases include claims for general average contribution.

More: P&I clubs

Kirsty has considerable experience in relation to all aspects of shipbuilding, including acting for shipyards and buyers.

Shipbuilding cancellations

Acting for a Chinese yard in relation to a multi-million dollar dispute arising from an alleged wrongful cancellation of a series of 6 vessels.

Acting for German buyers in relation to a series of cancelled shipbuilding contracts.

Shipbuilding supply contracts

Acting for a Korean yard in relation to disputes arising under a supply contract.

Contract review (non-contentious)

Reviewing and drafting shipbuilding contracts for shipowners and managers.

Latest news & insights

25 May 2021

From Insights

Help yourself – Owners' self-help remedies against a defaulting time charterer

The time charterparty will often contain a clause entitling the owner to exercise a lien over cargo, hire or freight.

More

12 May 2021

From Insights

Owner’s right to call for bill of lading freight

Alpha Marine was owner of the MV SMART and chartered it to Minmetals on a time charter trip on an amended NYPE form. Minmetals voyage chartered the vessel to General N..

More

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