John McCaughran KC

John has extensive experience over many years of acting as counsel in arbitrations, including in relation to claims on JOAs, claims on long term gas supply agreements, gas price reviews, force majeure issues, and contractual claims in the wider commercial sector.

He also accepts appointments to sit as an arbitrator, having sat as a sole arbitrator or as co-arbitrator or President on arbitral panels in recent years. He is currently appointed in a number of on-going arbitrations under LCIA, Uncitral and ICC rules. In one case he is President (ICC), and in the others he is a co-arbitrator. Current arbitral appointments are in the energy and pharmaceutical sectors.

"Understated but compelling on his feet and a good team player." Legal 500 2020 - International Arbitration 

• SCC Proceedings (2014) Appearing in Stockholm Chamber of Commerce arbitration proceedings (Stockholm seat) in relation to a dispute concerned with a price review under three long-term gas sales agreements.
• ICC proceedings (2014) Appearing in a multibillion dollar international dispute between a national electricity company and national gas companies heard at the ICC in Paris (Geneva seat).
• ICC proceedings (2014) Appeared in a dispute concerning the interpretation and application of pre-emption provisions in a joint venture operating agreement.
• International arbitration under LCIA rules: consumer electronics industry involving allegations of breach of contract and fraud
• International arbitration under ICC rules: petrochemicals industry involving allegations of breach of contract and fraud
• International arbitration under UNCITRAL rules: drinks industry; agency; whether commission payable
• Domestic arbitration under LCIA rules: energy industry; sulphur emissions; applicability of Large Combustible Plants Directive
• International arbitration under ICC rules: drinks industry, involving allegations of breach of contract, misrepresentation and bribery
• Domestic arbitration under LCIA rules: dispute concerning newspaper printing contract
• Torch Offshore LLC & Anr v. Cable Shipping Inc [2004] Lloyd's Rep 446; [2004] EWHC 787 (Comm) - an arbitration and subsequently High Court proceedings concerning the charter of a vessel for deep water cable laying; structural alterations to vessel needed to strengthen deck; whether charter induced by misrepresentation; whether charterer entitled to rescind. The Arbitration Award was subsequently challenged in the High Court under sections 57, 67, 68 and 69 of the Arbitration Act 1996.

John has a substantial energy practice, in particular in relation to the oil and gas sectors. He advises regularly in relation to price review disputes, joint operating agreements; exploration and production sharing agreements; licensing disputes; and gas processing and transportation agreements, and is an experienced advocate in high-value energy sector High Court and arbitration proceedings.

"Understated but compelling, he has a great skill for presenting very complex contractual arrangements clearly and coherently." Legal 500 2020 - Energy

• BG Global Energy Ltd & ors v. Talisman Sinopec Energy UK Limited & ors [2015] EWHC 110 (Comm) in a trial of a number of preliminary issues relating to the proper interpretation of a transportation, processing and operating services agreement
• Scottish Power UK plc v BP (2015) Exploration Operating Company Limited
  Acting for Scottish Power in relation to a dispute over a lengthy outage in production from the Andrew Field. The issues include the nature of the sellers’ obligations to maintain and operate facilities under a long-term gas supply agreement.
• Transocean Drilling U.K. Ltd v Providence Resources plc (“The Arctic III”) [2014] EWHC 4260 (Comm)
  Acted for Providence Resources, the hirer of a drilling rig which proved to be defective. The case involved complex technical issues as to the operation of well control equipment (particularly a blow-out preventer), well construction and the progress of drilling operations; as well as legal issues relating to the interpretation of the rig hire contract.
• BHP Billiton Petroleum GB Ltd and ors v. E.ON UK PLC (2013) Appearing in an expedited Commercial Court dispute relating to the interpretation and possible rectification of Gas Sales Agreements, with sums at stake in the hundreds of millions of pounds.
• Ansan Wikfs (Northern Region) Limited
  Advisng Ansan Wikfs in relation to a dispute arising out of the purported termination of two Funding Agreements and two Payment Entitlement Agreements between Ansan Wikfs and another.
• Advising ConocoPhillips on the issue of contractual and termination rights pursuant to the agreement for processing and delivery services.
• Shell Egypt West Qantara GmbH and Shell Egypt West Manzala GmbH v. Centurion Petroleum 
  Represented Shell in a dispute relating to a contract for petroleum exploration in Egypt and claim for repudiatory breach. Permission was granted by the High Court to appeal under S.69 of the Arbitration Act and the case is now the leading authority on whether the words “final” and “binding” in an arbitration agreement exclude a right of appeal.
• Caister Gas Sales 
  Advice regarding the potential termination of a long term UK GSA. Acting for E.ON Ruhrgas UK Caister Limited, the Operator of the Caister Field, which is situated in the Southern Gas Basin of the UK Continental Shelf.
• Acting for X in relation to a price review dispute arising out of a long term and very significant value liquefied natural gas sale and supply contract entered into between X, as buyer, and Y, as seller.
• Centrica Plc & British Gas Trading Limited -and- Premier Power Limited 
  Acting for BGTL / Centrica in relation to the construction and operation of Gas Supply Agreements in light of Network Code changes and postalisation in Northern Ireland.
• GALP Gas Natural S.A
  Acting for GALP Gas Natural in relation to a price review dispute arising out of three long-term and very significant value liquefied natural gas sale and supply contracts each entered into between GALP, as buyer, and another as seller.
• WesternGeco Limited v. ATP Oil & Gas (UK) Limited (Commercial Court 2006) - whether indemnity provision in contract for oil exploration services covered the consequences of contractor's own negligence.
• Advising BG International as operator of the Easington Catchment Area fields in UKCS in relation to the rights of BP as owner and operator of the Southern North Sea Pipeline System. Advising BG International as operator of the Blake field in UKCS in relation to the Interpretation of Transportation Processing and Operating Services Agreement (TPOSA) between the Blake Field Owners and the Ross Field.
• British Gas Trading Ltd v. (1) Amerada Hess Ltd (2) Perenco UK Ltd [2006] EWHC 233 (Comm) - whether reasons provided in notices to terminate gas depletion contracts were sufficient.
• Npower v. First Contact Ltd (Comm Ct, Jan 05) - whether Commercial Agents Regulations apply to agency contracts for the sale of gas and electricity; whether a bribe was offered by agent.
• Conoco and Chevron v. BG Plc - whether contract to expand National Transmission System; whether breach of contract.
• United Gas v. National Power (LTL 7/7/98); (LTL 9/10/98) - a Commercial Court action involving a dispute on a gas supply contract. The case raises important issues as to how gas is bought, sold and transported in the UK.
• ARCO v. Eastern Electricity - a Commercial Court action involving a dispute on a gas supply contract. The case raised issues concerning the allocation and attribution of gas bought and sold in a commingled stream.
• British Gas Trading Ltd v. Premier Power Ltd (Commercial Court 2006) - Acting for BGTL/Centrica in relation to the construction and operation of Gas Supply Agreements in light of Network Code changes and postalisation in Northern Ireland.

• Singularis Holdings Ltd (In Liq) v Daiwa Capital Markets Europe Ltd  
  Defending a claim  in the Chancery Division (Financial List), which has now been before the Supreme Court on appeal, against a broker for c. USD 204 million arising out of a stock lending transaction, which gives rise to issues about the scope of a broker’s
• Standard Bank London Ltd v. Omimex De Colombia Ltd (2006)
  Acting for Omimex in relation to collateral hedging arrangements.
• The Argo Fund Limited v. Essar Steel Limited [2004] EWHC 128 (Comm)
  Acting in a Summary Judgment Application in relation to $40 million loan agreement.
• Phillips & Drew v. UBS & Ors - whether payments and disposals made without authority; bankers duty of care.
• Czarnikow-Rionda v. Standard Bank [1999] 1 All ER (Comm) 890 - payment under letter of credit.
• X v. Y
  Claim against a major international bank involving issues relating to constructive trusts and the contractual duties owed by a paying bank.

• Sir Owen Glenn v Eric Watson Acting (with Hannah Brown KC & Eleanor Campbell) for the Defendant in a £129 million dispute between two prominent New Zealand Businessmen arising out of proposed investments in ground rents and other forms of investment in UK property. The proceedings culminated in a three month trial in the Chancery Division in summer 2017. Involving complex issues of trust law and allegations of fraud.
• Singularis Holdings Limited (in liquidation) v. Daiwa Capital Markets Europe Limited (2015) - defending claims of alleged dishonest assistance and alleged negligence amounting to over US$200m.
• Smith New Court Securities v. Scrimgeour Vickers (Asset Management) & Citibank NA (HL) [1997] AC 254; [1996] 3 WLR 1051; [1996] 4 All ER 769; [1997] 1 BCLC 350; [1996] CLC 1958 - the leading case in English law on the measure of damages for fraudulent misrepresentation.
• Grupo Torras v. Fahad & Ors - a claim for damages for conspiracy to defraud. The case raised numerous interim issues which went to the Court of Appeal including issues as to: jurisdiction both under the former Order 11 and under the Brussels Convention; worldwide freezing and disclosure orders; disclosure of documents in English litigation.

• Reichhold Chemicals v. Goldman Sachs [2000] 1 WLR 173 (CA) - stay of English proceedings pending foreign arbitration.
• Grupo Torras v. Fahad & Ors - see above.

• Feltrim/Cuthbert Heath Names v. Auditors - these were two actions against the same auditors, a large firm of international accountants. The cases involved issues relating to the existence of a duty of care and the measure of damages for negligent misstatement, as well as issues relating to the regulations and practices of the Lloyds' insurance market.

• Taylor Thomson v. Christie's / Marquess of Cholmondeley [2004] PNLR 42; [2004] EWHC 1101 (QB) - whether auction house / seller are liable in respect of sale of antique vases. 
• Marcq v. Christie's [2003] EWCA Civ 731; [2004] QB 286 - whether auction house committed the tort of conversion by returning a painting to its consignor. 
• Richard Drake v. Thos Agnew & Sons Ltd [2002] EWHC 294 (QB) - whether a painting sold by Agnews was by Van Dyck and whether it was warranted as such. 
• Advising major auction houses on a number of potential disputes.

"Has a great skill for presenting very complex contractual arrangements clearly and coherently." Legal 500 2020 - Commercial Litigation 

• Peter Robert Wilkinson v. West Coast Capital & Ors. - 'The New Gadget Shop' [2005] EWHC 3009 (Ch)
  The shareholders of a company had not caused unfair prejudice to a fellow shareholder by acquiring another company, since it had been clear that the company in which the shares were held had not been able to and would not have purchased the acquired company, and that no financial loss had been suffered as a result of the acquisition.
• Bass & Britvic v. Messer UK Ltd & Terra Nitrogen [2002] EWCA Civ 548; [2002] 2 All ER (Comm) 321; [2002] 2 Lloyd's Rep 368
  Contamination of soft drinks by benzene in CO2.
• Lewis v. Commissioner of Inland Revenue (Re Floor Fourteen Limited) [2001] 3 All ER 499
  Whether litigation costs are liquidation expenses.
• Director General of Fair Trading v. FNB [2001] 3 WLR 1297 (HL)
  Unfair contractual term relating to post judgment interest.
• Bland v. Amateur Swimming Association (CA 7.12.99)
  Termination of contract for services for conduct tending to bring ASA into disrepute.
• Koch Hightex v. New Millennium Experience Co (CA 3.11.99)
  Whether non-fulfilment of condition precedent bar to contractual compensation provision.
• Philips/Tatung & Ors v. BSkyB
  These were a series of cases (two of which went to the Court of Appeal) arising out of the merger between BSB and Sky. The cases raised issues concerning the implication of terms into commercial contracts.