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 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. He is familiar with both institutional and ad hoc arbitration. His work often has an international dimension and he regularly deals with jurisdictional and choice of law issues. In 2017-2018 he has worked with Hong Kong, Swiss, Indian and Kuwaiti counsel.

Current work includes:

  • Acting (led by Pushpinder Saini QC and Alastair Tomson) for Marme Inversiones 2007 SL, the SPV which owns the global headquarters of Banco Santander, in the Commercial Court claims arising from alleged misrepresentations as to the setting of Euribor by the syndicate of banks which financed its acquisition.
  • Acting (led by Orlando Fraser QC and Alastair Tomson) for the claimant in a multi-million USD claim for deceit and breach of duty against a Swiss bank being litigated in the Dubai International Financial Centre.
Chancery: commercial

Much of Andrew’s work is either in the 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 subrogation.

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 tech start-up.

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. Current work includes:

  • Acting (led by Pushpinder Saini QC and Alastair Tomson) for Marme Inversiones 2007 SL, the SPV which owns the global headquarters of Banco Santander, in the Commercial Court claims arising from alleged misrepresentations as to the setting of Euribor by the syndicate of banks which financed its acquisition.
  • Acting (led by Orlando Fraser QC and Alastair Tomson) for the claimant in a multi-million USD claim for deceit and breach of duty against a Swiss bank being litigated in the Dubai International Financial Centre.

Early in practice Andrew was instructed on a claim by the former owner of a London 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 at trial in the Playboy banker’s reference case.

Financial services

Andrew has experience of the variety of regulatory issues which arise in the financial services sector.

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 2018 he successfully acted for the applicant creditor in long-running proceedings for the annulment of bankruptcy orders obtained through misrepresentations as to COMI. In 2016 he acted unled against silks in Re Maud [2018] EWHC 1414 (Ch), representing a major creditor (owed c. Euro 65m) opposing a bankruptcy petition. Snowden J’s judgment is important for its discussion of abuse of process and trust principles in the context of insolvency proceedings.

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.

Fraud – civil

Andrew regularly deals with fraud. His current work in this area is noted under Commercial Dispute Resolution and Banking & Finance. He has experience of acting for both claimants and defendants in applications for interim injunctions.

Offshore litigation

Andrew accepts instructions in relation to offshore litigation in all areas of his practice. He has extensive experience of litigation in the Dubai International Financial Centre, where he is a registered practitioner, and in particular of enforcement proceedings in the DIFC, having acted in three separate disputes of this kind (the details of which are confidential) concerning, respectively, enforcement of: an “executive deed” under the GCC Convention; a judgment of the KSA Committee for Banking Disputes under the GCC Convention; and an ancillary relief order in English matrimonial proceedings.

 

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

 

Languages

Good knowledge of Russian; basic German and French.