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Admiralty and shipping

Shipping law is one of the oldest and most developed branches of commercial law. It falls into two areas: 'dry' shipping involves contractual issues, such as bill of lading and charterparty disputes, whereas 'wet' shipping involves disputes over the ship itself (eg, collision and salvage). Although the shipping industry is by its nature international, London remains the preeminent venue for dispute resolution.

Never tempted by the prospect of life as a solicitor, Richard Sarll was won over by the Bar as "a forum which, like university, fostered intellectual debate". He did his pupillage at 7 King's Bench Walk (7KBW), a set of chambers specialising in commercial law with a reputation for producing eminent judges, including Lord Denning. It also has a long tradition in shipping law.

Called to the Bar in 2005, and no longer protected by "the tow rope of pupillage", Richard now works in all areas of commercial law, but has particular expertise in insurance and shipping matters: "I have experience in both dry shipping and wet shipping and enjoy both. The shipping industry was severely affected by the recent economic crisis. This has produced a lot of interesting litigation due to the high level of damages involved, with contracts having been agreed at the height of the market and then broken at the very depth of the market. This means disputes have been worth fighting over; as such, this has presented considerable opportunities for young shipping lawyers."

Richard explains that the work of a shipping barrister is as varied as the problems that are encountered by ships and their cargoes: "English law has dominated international shipping for a long time and the area is therefore very law heavy. But it is not all legal research. At root, the problems arise from a particular ship involved in a particular situation, whether a short discharge of cargo or a hijacking by pirates. There is often considerable scope for argument as to what actually happened and how the facts should be interpreted legally." Shipping cases typically have an international dimension, especially as the parties are often foreign: "For instance, a case may involve preventing parties from litigating in other jurisdictions or from moving their assets away from England in an attempt to avoid enforcement."

Richard usually spends his time in chambers, but when he does get to court it's often for long periods: "That's because the cases are often factually and legally complicated, and are not resolved easily. I've been in court for weeks at a time. But there is also room for short pre-trial skirmishes, such as trying to freeze the assets of the opposing party or in order to challenge jurisdiction." He generally works on several cases in any one week, unless it's in the period leading up to a particular arbitration or litigation, "when I'll devote my time to that one case for a few weeks".

A career highlight for Richard has been the MSC Napoli case, involving a containership which broke her back in the English Channel in 2007 and shed her containers into Branscombe Bay, Devon. He says: "People were scavenging all kinds of things from the beach, from nappies to BMX bikes! I'm working for the owners of the ship, and for a period was seconded to a solicitors' firm to help supervise the expert case." Richard describes the thrill of working with and learning from the expert witnesses on the case: "The areas of expertise include naval architecture, marine engineering, deck operations, meteorology, wave physics and hydrodynamics. The nice thing about gaining expertise in shipping matters is that you often get to reapply your knowledge."

There's a lot to enjoy about the job - primarily the "constant intellectual challenge" - but the relative isolation can be a downer. "As a sole practitioner, you will spend most of your time working on your own. It is part of the job, I was warned about it and it's just a fact of life." But he relishes the opportunity to shape his own career: "You are in charge of yourself and your practice, and you do get a lot of freedom. You can take holidays when you want and be your own boss. For example, I recently did a case on a conditional fee arrangement basis, for a person off the street. If I'd been working in a big commercial firm, that might not have been so easy."

One of the key issues facing the commercial Bar over the next five years, thinks Richard, is a reluctance to fight cases all the way to trial because of the high costs. He explains the implications: "It's a shame for young commercial barristers, who could use the experience and whose own rates are not usually the problem. The other shame is a reluctance to entrust the bigger cases to younger barristers - previously, more tender morsels were thrown our way! Now you have to look around more determinedly to get good experience."

Richard lists several key skills for success as a shipping lawyer: "Stamina, intellectual ability, user friendliness and a curiosity for developing an understanding of the industry." He suggests reading around the area, including Lloyds List (the leading daily maritime newspaper) on a Wednesday for its shipping law column and the online Shipping eBrief produced by Ince & Co.

More generally, Richard's advice is to show a proven interest in the commercial Bar and then see where things take you: "Mooting is key, as we have to have people who can hold their own in an argument. You don't have to have a sophisticated knowledge of shipping, but it's useful to do some mini-pupillages at sets that are known for shipping. And to be honest, I developed my interest over time - I joined 7KBW for the insurance work originally, but got involved with shipping because of new opportunities and developed my expertise through evening classes and exploring the industry." Importantly, he says, this is an industry that will never go away - people will always need to move things around the world by ship. Added to which, London is the world centre in terms of shipping litigation - so you too could find yourself sailing off into a successful shipping career.