Practice

Andrew’s practice covers the full range of work done in Chambers, spanning commercial and commercial/chancery litigation and arbitration, insolvency, company law, and financial services. Before coming to the Bar he took a double First at Oxford and then worked as a teacher in Russia.

Practice areas

Commercial dispute resolution

Andrew has been instructed in a range of commercial disputes, both as a junior member of a team and as sole counsel.  His experience includes two of The Lawyer’s top 20 cases of 2015 – Peak Hotels and Resorts Ltd v Tarek Investments Ltd & Ors and Barclays Bank plc v Landgraf and & Ors. He is also familiar with both institutional and ad hoc arbitration, including applications for interim remedies in that context.

His clients range from individual entrepreneurs to professional firms and large companies, and he has experience in a range of sectors, including insurance, energy, property development, film production, information technology, and the art world. His work often has an international dimension and he regularly deals with jurisdictional and choice of law issues; he often works with foreign lawyers, and in 2016-2017 has worked with Swiss, Indian and Kuwaiti counsel.

Chancery: commercial

Much of Andrew’s work is either in Chancery Division or, although litigated elsewhere, involves equitable principles or other “chancery” aspects. For example, in 2017 Andrew acted with Sharif Shivji in a dispute being heard by Sir Richard Field in the Dubai International Financial Centre which concerned the existence of solicitors’ liens in the DIFC and the availability of the equitable remedy of subrogation. As a pupil he assisted Andrew de Mestre and Orlando Fraser QC in long-running litigation concerning breach of fiduciary duty in the oil and gas industry – Global Energy Horizons Corporation v Gray – and Jonathan Crow QC in advising a professional firm on defending allegations of conspiracy, fraudulent breach of trust, dishonest assistance and breach of common law and fiduciary duties. Further areas which he regularly deals with include restitution for unjust enrichment, breach of confidence, and bailment.

Company law

Shareholder disputes and similar disputes between partners and between members of LLPs form a substantial part of Andrew’s practice. In 2016-2017 he was led by Hermann Boeddinghaus in a dispute in the Chancery Division concerning the ownership and control of a chain of pubs. He acted as sole counsel in an arbitration of an LLP dispute concerning a substantial property development and with Alastair Tomson in a shareholder dispute concerning the acrimonious break-up of a joint venture in the information technology sector. He also deals with Companies House matters, such as the restoration of companies to the register and rectification of the register of members.

Banking & finance

Andrew has acted with leaders in and outside chambers in banking matters. In 2016-2017 he has been acting as junior member of a counsel team in a high-value claim for deceit and breach of duty against a Swiss bank being litigated in the Dubai International Financial Centre. One of his first instructions in practice was on a claim by the former owner of a major hotel alleging that its bankers had wrongfully called in a loan during the credit crunch. More recently he acted as part of a team in England and Hong Kong in a claim against a global investment bank for negligent misstatement. This built on earlier experience in pupillage assisting Andrew de Mestre in the banker’s reference case of Playboy Club London Limited v Banco Nazionale del Lavoro SPA. Other experience in pupillage included assisting his supervisors in litigation concerning the interpretation of the transaction documents for a securitisation, forex trading, and investment advice about complex structured derivatives.

Financial services

Andrew has experience of the variety of regulatory issues which arise in the financial services sector – from COBS, to ICOBS, to MIPRU and beyond.

As pupil he assisted Sharif Shivji acting for the FCA in enforcement proceedings – Allen v FCA [2014] UKUT 0348 (TCC) – and in regulatory proceedings brought by an investment exchange against a corporate advisory firm. In his first year in practice Andrew was instructed with Richard Coleman QC to advise the FCA on issues including the interpretation of COBS and the use of its redress powers. More recently he has advised both the FCA and the PRA on enforcement proceedings, led by Jonathan Crow QC.

He has spent three stints on secondment to the FCA and has gained wide experience, principally in three areas: the regulation of insurance generally (including pension products); insurance business transfers under Part VII of FSMA; and the regulation of the nascent Peer to Peer lending market under article 36H of the Regulated Activities Order.

Insolvency & restructuring

Andrew regularly appears in the Companies Court and in bankruptcy matters. He deals with matters including challenges to antecedent transactions (transactions at undervalue and preferences); applications to restrain the presentation or advertisement of winding up petitions; disputed debts in winding up petitions; applications for validation orders; applications to annul bankruptcy orders; and disqualification proceedings.

In 2016 he acted as sole counsel in a 4 day bankruptcy hearing before Snowden J (Re Maud), acting for a creditor opposing a bankruptcy petition on the basis that it was an abuse of process and contrary to the interests of the creditors as a class. All other parties were represented by silks. The bankruptcy proceedings form part of a large commercial battle over valuable real estate, Santander’s headquarters in Spain.

He has experience in cross-border insolvency issues, including advising a foreign office holder on his powers under the Insolvency Regulation and advising on the effect of a foreign insolvency on arbitration proceedings. Experience in pupillage included assisting Jonathan Crow QC in advising on the use of US transaction avoidance provisions in an offshore jurisdiction and Sharif Shivji in advising on the Cross-border Insolvency Regulations 2006.

Fraud – civil

Andrew regularly deals with fraud part of his commercial chancery work and in the context of insolvency. He is experienced in dealing with applications for interim relief, and has recently been instructed on two applications to discharge injunctions for material non-disclosure.

Offshore litigation

Andrew accepts instructions in relation to offshore litigation in all areas of his practice. He has particular experience of litigation in the Dubai International Financial Centre.

 

Additional info

Career & Appointments

Andrew has advised and represented clients on a pro bono basis through the Personal Insolvency Litigation Advice and Representation Scheme (PILARS) and volunteers for the Chancery Bar Litigant in Person Support Scheme (CLIPS).

Member of the Commercial Bar Association and the Chancery Bar Association.

Registered to practise in the courts of the Dubai International Financial Centre.

Publications

(with Alastair Tomson) No-assignment clauses and bank insolvency – (2014) 6 CRI 228

Andrew is co-author (with Edward Crossley) of a series of Practice Notes on jurisdictional issues published by LexisPSL.

Education & awards

MA (Oxon), Dip. Law (City)

Bowen, Hardwicke, Denning, and Eastham Scholar of Lincoln’s Inn; City University/7 King’s Bench Walk Prize for Contract Law; Scholar of New College, Oxford; Chancellor’s Prize for Latin Prose; Gladstone Memorial Prize (British School at Rome); CE Stevens Scholarship; Winner, International Final of the ESU Schools Mace.

Languages

Good knowledge of Russian; basic German and French.