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, 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 is currently acting for a former partner of a law firm in litigation 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 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 (2010)
  Andrew acts 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. The litigation was identified by The Lawyer as one of the Top 20 cases of 2011.
• Spring Finance v HS Real Company LLC [2011] EWHC 57
  Andrew acts 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.
• HMRC v Ali (2011)
  Andrew acted for the defendant to a freezing order obtained by HMRC in an application raising issues as to when HMRC’s case of action occurred.
• London Capital Group v Comer (2011)
  Andrew acts for the ‘Paddy Power’ spread betting provider in a claim for substantial losses arising out of dishonoured spread bets on currency and commodity transactions in the context of the relevant FSA rules and regulations and allegations of professional negligence.
• Pierce v Harbord (2011)
  Andrew successfully acted for an investment adviser accused of professional negligence in the context of pension sales.  The FSA was a co-defendant to the proceedings.
• 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 acted for the Defendant in a multi-million pound undue influence claim involving a 50-day trial in the Chancery Division.
• Albon v Naza Motors [2008] 1 WLR 2380, [2008] 1 Lloyd’s Rep 1, [2007] 2 Lloyd’s Rep 420
  This long-running dispute has given rise to a number of first instance and appellate judgments concerning, amongst other things, anti-suit and anti-arbitration injunctions, the re-opening of Court judgments by means of a Barrell Application and the inherent jurisdiction of the Court in relation to foreign arbitrations.
• Ministry of Defence and Support for the Armed Forces of Iran v FAZ Aviation & Al-Zayat [2007] I L Pr 538 
  Andrew successfully acted for FAZ Aviation in challenging the jurisdiction of the English Court in a $120m claim brought by the Iranian ministry of defence following the abortive sale of an aircraft. The case raised significant issues relating to the Judgments Regulation.

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.

• 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 Authority (FSA) including in hearings before the Regulatory Disciplinary Committee (RDC) of the FSA.

• R (Ford) v FSA (2011)
  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 which had already been committed by the Defendants. 
• FSA v J
  Andrew acted for a Finance Director accused of Market Abuse in a 2 day hearing before the RDC.
• FSA v X (2010)
  Acted for a senior manager accused of misconduct in the longest RDC hearing yet 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.
• FSA v W (2009)
  Acted for the FSA in Tribunal proceedings held in private following the exercise by the FSA of its own-initiative variation of permission powers to stop substantial parts of a stockbroking business.
   

He has appeared on a number of 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.

• TCM Communications v Comben
  Andrew acts for the claimant company in this action against its former Managing Director and Company Secretary alleging negligent performance of his duties in developing the business and his communications with Companies House. 
• Wadlow v Samuel [2007] EWCA Civ 155
  As recognised by Chambers UK 2010, Andrew represented the singer-songwriter Seal in both the trial and the subsequent Court of Appeal hearing against his former manager relating to a dispute about unpaid commission. The case involved issues of construction, restraint of trade and undue influence. 
• Andrew also acted for Cliff Richard’s development company in relation to the alleged poaching of the popular opera singer, Russell Watson and in a copyright dispute arising out of a recording by Jamelia.

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.

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