Andreas Gledhill

Called to Bar:
1992
Practice areas:
Degree:
MA (Cambridge)

Andreas is ranked in all three of the leading independent legal directories.

Chambers UK 2014

  • Restructuring and Insolvency he is reported to be an “Experienced commercial litigator, who regularly handles complicated restructuring and insolvency cases. He is particularly good on contentious cases.”
  • Company & Partnership – “Has a good track record of handling high-value shareholder disputes in the domestic courts and offshore.”

The Legal 500 2013

  • Insolvency and Restructuring, ranked in the top band and described as “very high-quality.”
  • Banking & Finance – “a pleasure to work with. He has an eye for detail, and excellent drafting skills”, and “is able to communicate with clients and appreciate commercial issues.”
  • Commercial Litigation - recommended
  • Company - recommended 

Chambers Global 2014

  • Andreas is ranked in Restructuring/Insolvency.

Professional Experience

Andreas joined Blackstone Chambers in June 2010, having previously practised (for 17 years) from 3-4 South Square, Gray’s Inn.

Andreas has extensive experience of appearing before a range of courts and tribunals, including the Privy Council, the Court of Appeal, the Chancery Division, the Companies Court, the Commercial Court, tax tribunals, and international arbitrations.

Appointments:

Junior Counsel to the Crown (A Panel), from June 2007 to June 2012.

Membership of Professional Bodies:

Andreas is a member of COMBAR, the Chancery Bar Association, and the Insolvency Lawyers Association.

Commercial

Restructuring and Insolvency

Andreas was nominated for insolvency junior of the year at the Chambers & Partners Bar Awards in 2007, and has been ranked in the independent legal directories as a leading junior in this field for the past thirteen years. 

He has been involved in many of the high profile corporate collapses over that time: Comet Group (for the administrators); MF Global (for the US officeholders); EMI (for the private equity house, Terra Firma); Lehman (for various counterparties); Kaupthing (for H.M. Treasury, the Financial Services Compensation Scheme, and counterparties); Heritable Bank (for the FSCS); Bear Stearns (for Bear Stearns); Enron (for the administrators); Farepak (for bank lenders); TXU (for the administrators); and MG Rover (for the administrators). 

Company Law

Andreas has expertise in shareholders’ disputes (including unfair prejudice petitions), derivative actions, claims under share sale agreements, proceedings for share register rectification, and claims against directors for breach of duty.  He also has experience of regulatory proceedings and company investigations, both instructed by, and against, the Government.

Tax Litigation

While on the panel of counsel to the Crown, Andreas was regularly instructed by H.M. Revenue & Customs to litigate direct tax disputes, and to advise in the run-up to litigation.  He has particular experience of litigation relating to the film industry, and advice in connection with the tax treatment of major PFI projects, and securities repurchase agreements (“repos”).

Current and recent work

Restructuring and Insolvency

  • Re Comet Group Limited (2012-2013)
    Instructed by Mayer Brown International LLP on behalf of the administrators of the high street electrical retailer, Comet.   
  • MF Global UK Ltd v MF Global, Inc (2012-2013)
    Instructed by Slaughter and May for the SIPC trustee of MF Global, Inc., on a range of disputes arising out of the collapse of this investment bank.  The first issue, litigated in November 2012, concerned the construction of the standard-form Global Master Repurchase Agreement (see [2013] 1 W.L.R. 903).
  • Maltby Holdings Ltd v Spratt (2012)
    Instructed by Clyde & Co for the leading private equity house, Terra Firma, in its dispute with Citibank, following the collapse of the global music company, EMI.

Company Law

  • Eclairs Group Ltd v. JKX Oil & Gas plc [2013] EWHC 2631 (Ch)
    Instructed by Locke Lord (UK) LLP for the claimants in a claim seeking to set aside restriction notices served on them by the defendant company pursuant to s.793 of the Companies Act 2006. 
  • UC Rusal plc v Corbiere Holdings Ltd (2012)
    Instructed by Mishcon de Reya, in a substantial offshore dispute between two minority shareholders in the Russian nickel mining giant, OJSC Norilsk Nickel. 
  • Hutcheson v Gordon Ramsay (2012)
    Instructed by Mishcon de Reya for the respondent in this high-profile unfair prejudice petition.

Tax litigation

  • Micro Fusion 2004-1 LLP v HMRC [2010] S.T.C. 1285 (C.A.)
    Instructed by HMRC, in this test case about entitlement to relief for film production costs.  The case considered what is involved in “exploiting” a film within the meaning of s.42 of the Finance (No. 2) Act 1992, and whether a film exploited by a sale of the master negative is trading stock. 
  • Halcyon Films LLP v HMRC [2010] S.T.C. 1125 (C.A.)
    Instructed by HMRC, in this further test case about entitlement to relief for film acquisition costs.  The case considered whether the provisions of the Finance Act 2002 aimed at preventing successive claims to acquisition relief in respect of the same film bar three year relief under s.42 of the Finance (No. 2) Act 1992 as well as accelerated relief under s.48 of the Finance (No. 2) Act 1997. 
  • Thorpe v HMRC [2010] S.T.C. 964 (C.A.)
    Instructed by HMRC, in this appeal following the termination of approval for a self-administered retirement benefits scheme.  The case considered the rule in Saunders v. Vautier, and the jurisdiction of the Special Commissioners to entertain public law defences in the context of the taxpayer’s appeal against an officer’s assessment to tax.

Banking and Financial Services

Andreas has substantial experience of banking and financial services litigation.  His cases have included disputes and advisory work in relation to bond and facility defaults, mergers and acquisitions, derivative transactions, close-out netting, company charges, custody agreements, and forum issues.

In 2004, he was counsel to the liquidators in Re Spectrum Plus Ltd, the leading case on the distinction between fixed and floating charges.  In 2007-2008, he acted for the Granada Group in the Box Clever litigation (Nomura International v Granada Group plc [2008] Bus. L.R. 1), and in 2008-2009, for Abbey National in defending the first major civil claim brought by the FSCS for alleged retail investment misselling (FSCS v Abbey National Treasury Services plc [2009] Bus. L.R. 465).

Current and recent work

  • R (Emptage) v Financial Services Compensation Scheme [2013] EWCA Civ 729
    Instructed by SNR Denton on behalf of the respondent in this judicial review concerning the basis on which compensation is payable in respect of failed property investments funded by mortgage borrowing.
  • Credit Suisse Securities Ltd v Kaupthing Singer & Friedlander Ltd (2010-2012)
    Instructed by Allen & Overy, with Anthony Zacaroli QC, for Credit Suisse, in a £25m claim arising out of a substantial share transaction shortly prior to the administration of Kaupthing. 
  • Re financial stabilisation legislation (2012)
    Instructed by H.M. Treasury to advise in relation to proposed legislation concerning stabilisation powers in the event of the failure of settlement mechanisms in the UK’s securities and derivatives markets.

Domestic and International Arbitration

Since joining Blackstone Chambers, Andreas has had significant experience of high-value international commercial arbitration, in particular, in the fields of insurance and energy.

Current and recent work

  • Re an investment arbitration (2012-2013)
    Instructed by Clyde & Co LLP on behalf of an Indian property developer in connection with a dispute with a leading international investment bank. 
  • Re an oil & gas arbitration (2012-2013)
    Instructed by King & Spalding on behalf of a major oil and gas multinational in relation to a range of disputes between it and a foreign government as to their respective contractual rights.
  • Re an insurance arbitration (2010-2011)
    Instructed by Clyde & Co. LLP on a US$750 million insurance arbitration in an overseas jurisdiction. The claim concerned (among other things) issues of construction delay.

Other relevant experience

Formerly a contributor to Gore-Browne on Companies, and junior author of Muir Hunter on Personal Insolvency.

  

Other Information

VAT registration number: 629109928