Eleanor Midwinter

Eleanor Midwinter

Senior Lawyer

Senior Lawyer

OFFICE
London
PHONE
+44 207 367 0347
EMAIL
ELM@WRCO.CO.UK

Eleanor Midwinter is a Senior Lawyer at Wikborg Rein's London office. She specialises in commercial disputes, and also provides non-contentious advice within her sector specialisms. Eleanor's key sectors are energy/physical commodities trading (LNG, oil, coal and biofuels), shipbuilding and superyachts.

Work experience:

  • 2015-2017: Senior Associate, Holman Fenwick Willan LLP
  • 2010-2015: Associate, Holman Fenwick Willan LLP
  • 2008-2010: Trainee Solicitor, Holman Fenwick Willan LLP

Secondments and other roles:

  • 2010-2017: Secretariat to the European Bulk Oil Traders' Association
  • Secondment to commodities trading company MET Commodities London Ltd.
  • Secondment to Danish law firm Gorrissen Federspiel
  • Experience as an insurance broker with HSBC

Education:

  • 2007-2008: LPC, BPP Law School, London
  • 2004-2007: Bachelor of Laws (First-class honours and Chancery Prize), Newcastle University

Reported cases:

  • BP Gas Marketing Ltd v La Societe Sonatrach & Anor, [2016] EWHC 2461 (Comm): This case raised issues concerning the construction of express contract terms, the implication of terms and contractual obligations of good faith.  It was held that a long term agreement should not be amended or interpreted to reflect changing circumstances, but rather should be interpreted according to its natural meaning.
  • American Overseas Marine Corp v Golar Commodities Ltd [2014] EWHC 1347 (Comm) (07 May 2014): This case concerned the interpretation of the ShellLNGTime1 charter form, in circumstances where debris contained in a LNG cargo was said to have damaged the Claimant's vessel.  It was held that to the extent that the cargo loaded by the Defendant contained debris, it was not a breach of the "injurious cargoes" term of the charter, not being likely to cause physical harm to the vessel.
  • DGM Commodities Corp v Sea Metropolitan SA [2012] EWHC 1984 (Comm) (18 July 2012): This appeal, and the underlying arbitration, concerned issues of frustration and non-delegable duties applicable to charterers, in this case, the obligation to discharge cargo was held to be a non-delegable duty.
  • Markerstudy Insurance Co. Ltd v Endsleigh Insurance Services Ltd [2010] EWHC 281 (Comm): This case concerned the interpretation of exclusion clauses, and in particular, the categorisation of direct, indirect and consequential losses, and the applicability of capped liability to interest claims.


Arbitration and advisory:

  • Acting for the owner in London arbitration proceedings relating to the termination of a ship conversion contract, and related jurisdictional applications.
  • Acting in a series of LMAA arbitrations relating to the termination of shipbuilding contracts, and in relation to the related demands under refund guarantees.
  • Acting in SIAC arbitrations for a commodities trading company in relation to force majeure claims arising from the non-existence of an Indonesian coal mine.
  • Acting for ship-owning SPVs in disputes arising from the potential insolvency and restructuring of their charterers.
  • Acting for super yacht charterers in several cases relating to claims for breaches of service and vessel obligations under a MYBA charter.
  • Providing due diligence advice and assistance to banks and commodities traders on ship source pollution and environmental damage from storage facilities, and co-ordinating worldwide due diligence projects.
  • Advising on the application and interpretation of REACH/CLP to oil products and metals in various transactions, including repos.
  • Drafting and advising on oil and LNG sale and purchase contracts, master agreements, storage agreements, charterparties, letters of credit and guarantees.
  • Drafting and advising on NDAs, introduction and agency agreements.