Andrew George

General Commercial:

Andrew has an extensive commercial practice, regularly appearing in substantial commercial litigation before the Court of Appeal and the Commercial, Queen’s Bench and Chancery Courts, both as junior and sole counsel. Within this field Andrew’s practice incorporates the specialist areas of Professional Negligence, Insurance and Reinsurance, Civil Fraud and Financial Services as well as more general commercial disciplines such as breach of contract, sale of goods, and conflicts of laws.

Andrew has acted in professional negligence cases concerning surveyors, architects, solicitors, barristers, actuaries and insurance brokers. He has also acted in a number of disputes involving allegations of professional negligence against Independent Financial Advisers arising out of the mis-selling of pensions, mortgages and investment products. Andrew recently acted as sole Counsel for a former partner of the law firm Collyer-Bristow in a 53-day Commercial Court trial relating to a series of investment schemes.

Insurance and Reinsurance:

Andrew has a broad insurance/reinsurance practice, acting as Junior Counsel in a number of substantial Commercial Court reinsurance actions and arbitrations and has a particular strength in regulatory work acting both for and against the Financial Services (now Financial Conduct) Authority in insurance-related disputes.  He has acted in cases relating to binding authorities and complex claims handling procedures and disputes as to the ownership of confidential information as between underwriters and introducing brokers.

General Commercial

• Brown & ors v Collyer-Bristow & ors – the Innovator litigation [2012] EWHC 1321
  Andrew successfully acted for a former partner of Collyer-Bristow in claims for alleged negligence and dishonest assistance arising out of technology investment schemes designed to be tax efficient.  Andrew was sole Counsel for his client during the 53-day Commercial Court trial, identified by The Lawyer as one of the Top 20 cases of 2011.
• Spring Finance v HS Real Company LLC [2011] EWHC 57
  Andrew acted in this long running dispute concerning a commercial guarantee given in the context of the purchase of a finance company and issues relating to the beneficial ownership of certain shares.
• Interactive Investor v City Index [2011] EWCA Civ 837
  Andrew acted in the Commercial Court trial and Court of Appeal hearing of this important litigation concerning the use of confidential information and the marketing obligations of parties in the on-line spread betting industry.
• Britax v Mercer (2011)
  Andrew acts for the Claimant in this substantial professional negligence claim against an actuarial firm arising out of the various ECJ decisions concerning the equalization of pension ages for men and women.
• Life Settlement Consulting v London Capital Group (2011)
  Andrew acts for a major provider of financial trading services in a multi-million pound Commercial Court claim arising from a foreign exchange trading scheme. The trial is listed for haring in late 2013.
• Newell v US Risk (2011)
  Andrew acts for a major insurer in this substantial claim for breach of contract and unfair prejudice brought on behalf of a minority shareholder. The trial is listed for hearing in the spring of 2013.
• Berezovsky v Abramovich [2010] EWHC 647
  Andrew acted for Boris Berezovsky in the high-profile Commercial Court litigation arising out of agreements between Russian business leaders in the two decades following the collapse of communism.  The litigation was identified by The Lawyer as one of the Top 20 cases of 2010.
• Hammonds v Danilunas & ors (2009)
  Andrew acted for former partners of Hammonds in their successful defence of a claim for summary judgment in relation to the issue of whether a former partner could sue all other partners for alleged misrepresentations.
• Morley v Elmaleh - (2009)
  Andrew sucessfully acted for the Defendant in a multi-million pound undue influence claim involving a 50-day trial in the Chancery Division.

Insurance and reinsurance

• Andrew has appeared in insurance and reinsurance disputes arising out of:
  - the Concorde air crash
  - the failure of the Australian insurance firm, HIH
  - storm damage to  a submarine telecommunications cable linking Australia and Japan involving Cable &   Wireless’ captive insurance company, Pender.
• He has advised and appeared in trials relating to the standard Lloyds market practice and the proposed liberalisation of its rules and participated in a number of regulatory investigations into insurance companies, including Equitable Life, and the Independent Insurance Company. He regularly advises and acts in disputes concerning the respective rights and duties of brokers in respect of confidential information and client access.
• Newell v US Risk  (2011)
  Andrew acts for a major US insurance company in this substantial claim for breach of contract and unfair prejudice bought on behalf of a minority shareholder. The trial is listed for hearing in the spring of 2013.

• Albon v Naza Motors [2008] 1 WLR 2380, [2008] 1 Lloyd’s Rep 1, [2007] 2 Lloyd’s Rep 420
• Ministry of Defence and Support for the Armed Forces of Iran v FAZ Aviation & Al-Zayat [2007] I L Pr 538 
• KUCC & ors v Minet & ors [2003] Lloyds IRLR 37 (Comm Ct); [2003] Lloyds IRLR 503 (CA)
• Kennecott & ors v Allianz Cornhill & ors [2000] Lloyds IRLR 179

Andrew has considerable expertise in the areas of financial services and City regulation acting both for and against the Financial Services (now Financial Conduct) Authority (FSA) including in hearings before the Regulatory Disciplinary Committee (RDC) of the FSA.

• Financial Services Authority v Prudential, FSA Regulatory Decisions Committee, March 2013
  Javan Herberg QC, Andrew George and James Segan acted for Prudential plc and Prudential Assurance Company Limited in their defence of regulatory charges brought by the FSA concerning Prudential’s possible acquisition of AIA, an Asian subsidiary of the American insurer AIG, in early 2010.
• FSA v Hannam (2013)
  Acts for Ian Hannam the former Chairman of Capital Markets at JP Morgan Cazenove who has been penalised by the FSA for the alleged disclosure of inside information contrary to section 118 (3) of FSMA. The disclosure was made in the course of negotiating a corporate transaction for the purpose of encouraging an offer in the interest of the client who had given implicit authority for the disclosure. The FSA decided that the information was not disclosed in the proper course and constituted inside information, taking a wide view of the effect of section 118C. The FSA recognised that the market abuse was neither deliberate nor reckless and has imposed a penalty of £450,000. The decision has been referred to the Tribunal.
• R(London Capital Group) v Financial Ombudsman Service [2012]
  Acts for a major provider of financial trading services in a claim for judicial review against the Financial Ombudsman Service in relation to FOS’s jurisdiction to consider complaints concerning Spot Foreign Exchange contracts. Permission to apply for judicial review was granted by the Administrative Court, following a contested oral hearing, in February 2013.
• FSA v Cummings (2012)
  Acted for Peter Cummings, a senior manager at HBOS, in relation to FSA disciplinary proceedings concerning allegations arising out of the difficulties suffered by the bank during the financial crisis of 2008.
• FSA v Ollerenshaw / Reeh (2012)
  Acted for the FSA in a 2-week Upper Tribunal hearing concerning alleged misconduct in the context of a sub-prime mortgage broker.
• FSA v Corr (2011)
  Acted for James Corr, Finance Director of sub-prime lender Cattles plc, in relation to allegations of market abuse before the Regulatory Decisions Committee. 
• R (Ford) v FSA [2012] Lloyd’s Rep FC 461
  Acted in this recent judicial review hearing, part of which was held in private, concerning the status and permitted use of documents allegedly subject to joint privilege in the hands of, amongst others, Stewart Ford, the former Chief Executive of the financial services firm, Keydata.
• FSA v Kahn / FSA v Alexander (2011)
  Acted for the FSA as it successfully obtained, for the first time, a final injunction in the Chancery Division preventing the commission of market abuse (FSA v Kahn). Andrew also acted for the FSA in obtaining its second such injunction (FSA v Alexander). In both cases the FSA imposed significant fines on the Defendant ( £1m and £700,000) for the market abuse, consisting  respectively of share price rigging and market manipulation. 
• FSA v Pottage & ors (2010)
  Successfully acted for a senior manager at UBS accused of misconduct in the longest RDC hearing then conducted at the FSA.
• R (Amro International) v FSA [2010] 3 All ER 723  
  Acted for the FSA in both the Administrative Court and Court of Appeal in which judicial review proceedings were brought against the FSA in relation to its compulsory discovery powers. 
• He has appeared on numerous occasions before the Regulatory Decisions Committee.

Andrew has also advised, amongst others:

• banks and private equity concerns in relation to allegations of market abuse and mis-trading
• Independent Financial Advisers involved in mis-selling disputes and in relation to permissions issues
• a large insurance broking firm in relation to an FSA investigation.
• The Qatari Financial Centre Regulatory Authority in the first appeal to be brought against a regulatory decision in that jurisdiction.

• FSA v Jabre (2006)
• FSA v Mohammed (2005)
• FSA v Westcott (2003)
• FSA v Eurolife Assurance Company (2001/2)

Papers:

Financial Services: Dealing with the Decision-Makers

Andrew has acted in copyright and contractual disputes for a wide variety of media and entertainment clients, instructed by many of the specialist media firms in the music, television, film and publishing industries. Clients include Adam Ant, Pete Waterman, Malcolm McLaren and the estate of the late Steve Marriott. He recently advised on a number of matters concerning music rights arising out of the  2012 Universal-EMI transaction.

• Gordon Ramsay v MPL (2012)
  Andrew acts for the Defendant in this claim for breach of contract brought by a celebrity TV chef in the context of the worldwide marketing rights for products which he endorsed. The trial is listed to be heard in 2014.
• Magrath v Far Out (2012)
  Andrew acted for a music company in this substantial claim for professional negligence against a solicitors’ firm arising out of copyright litigation concerning a popular 1970s track used by Marmite in an advertising campaign.

• Wadlow v Samuel [2007] EWCA Civ 155
• Cliff Richard’s development company (Black Knight)

Andrew has substantial knowledge of this continually developing area across a range of sports including football, cricket, rugby and motor racing. Andrew advises leading clubs, individuals and their agents in relation to issues arising out of contract disputes and violations of disciplinary regulations.

• G v UK Sport (2011)
  Andrew acted for the UK Regulator in relation to an appeal against a paralympic funding decision following a positive test for a banned substance on the part of the athlete. 
• Galvin v UK Athletics (2011)
  Andrew acted for UK Athletics in a dispute concerning the regulator’s liability for alleged acts of racial discrimination at a London athletics club. 
• Rio v Seville [2010]
  Andrew was instructed in this multi-million dollar claim involving the aborted transfer of the Brazilian centre-forward Luis Fabiano from Seville to AC Milan.
• Contractual disputes, on behalf of and against FA Premiership and leading European clubs and footballers and Formula One racing drivers.
• Litigation concerning the requirements for natural justice to be followed in a disciplinary hearing arising out of allegedly violent conduct in a rugby union match.
• An appeal against relegation arising out of allegedly improper team selection on behalf of a cricket club.
• An appeal concerning UK Sport’s decision to impose a lifetime funding ban on a Paralympic athlete.
• A dispute concerning the rights and duties of a rugby club in the context of relegation from the highest national league.

Andrew has worked extensively in Europe and America as a speech and advocacy trainer. He was the world’s top-ranked debater in 1997 and, in 1998, he was part of the first English team to win the World Debating Championship for 10 years.

Andrew received Gray’s Inn’s top student award in each of his three student years and, in 1997, undertook a coast-to-coast mooting tour under the captaincy of Lord Justice Mummery.

Andrew was recommended in Legal 500 2005 and 2006 as one of the Top 5 commercial litigation barristers of under 10-years call.

Other Information:

VAT registration number: 718788481