Andrew Green QC

Andrew’s general commercial practice covers a wide range both of advisory and litigious work (in court and arbitration). Current and recent clients include Essar Oil, Raytheon, Vodaphone, B&Q, Hutchison 3UK, Sainsbury's, AXA Re, Universal, Polygram, Prince Jefri of Brunei, Michael Jackson.

• In the Matter of an Indian Arbitration (2010-2011)
  Andrew recently acted for the claimant, one of India’s largest companies, in what was reputedly the largest ever Indian domestic arbitration. The claim was for significantly over US$500m under a material damage and business interruption insurance policy. The claim, which arose out of cyclone damage to an oil refinery, was arbitrated in Mumbai and the substantive hearing lasted over 3 months.
• HSBC & Other Banks v Madame Sana & others (2011)
  Andrew recently acted for a defendant to various claims, in a total sum in excess of US$150m, brought by various banks arising out of alleged derivatives trading by a partnership of which his client is a partner. The case involved, among others, issues of Saudi Arabian law. The Lawyer identified this as one of the top 20 commercial cases of 2011.
• In the Matter of an International Arbitration (2011-)
  Andrew is acting for a major IT contractor whose contract with the UK Government was terminated shortly after the Coalition Government came to power. The contractor is seeking damages in excess of £500m.
• Surgicraft Ltd v Paradigm Biodevices Inc. [2010] EWHC 1291 (Ch)
  Andrew acted for the Defendant company seeking rectification of a distribution agreement relating to surgical devices. The rectification claim succeeded, and the Claimant was ordered to pay the Defendant around US$15m. 
• Toronto Dominion Bank v Naqui (2010)
  Andrew acted for TDB in a £4m damages claim against a former (rogue) trader arising out of the deliberate mis-marking of his trading book. The case settled.
• Sheikh Abdullah v Michael Jackson (2009)
  Andrew acted for Michael Jackson in defending a claim brought by Sheikh Abdullah of Bahrain against MJ seeking specific performance (alternatively damages for breach) of a combined rights agreement made with MJ during his stay in Bahrain shortly after his criminal trial in the US. The case settled.
• BLP v B&Q (2009)
  Andrew acted successfully for B&Q in opposing the Claimant's application for an interim mandatory injunction requiring B&Q to continue trading with the Claimant for 1 year (generating likely sales to the Claimant of c.£23m). After the Claimant’s failed application, the case settled.
• Prince Jefri & Madame Salma v Derbyshire & Others (2009)
  Andrew acted for Prince Jefri of Brunei and his wife in a claim brought by them against various individuals and companies arising out of the alleged sale of a valuable collection of the claimants’ art works. The case settled.

Civil Fraud / Injunctions / Freezing Orders:

Andrew’s practice frequently involves acting for claimants in obtaining injunctive relief and for defendants in opposing or discharging injunctions, often in the context of civil claims for fraud. For example:

1. He acted for B&Q in successfully resisting an application for a mandatory injunction forcing B&Q to continue trading with an existing supplier
2. He acted for Lennox Lewis in defending a claim by his former manager for damages under a cross-undertaking provided by LL when obtaining a freezing injunction (Panos Eliades v Lennox Lewis [2005] EWHC 2966 (QB))
3. He acted in injunctive proceedings brought against Eurotunnel for breach of contract and conspiracy (ET Plus SA v Eurotunnel [2005] EWHC 2115 (Comm)).

Telecoms & IT Disputes:

Andrew regularly advises and acts for companies (both claimants and defendants) in disputes relating to Telecoms & IT contracts. For example:

1. He is currently acting for a major IT contractor whose contract with the UK Government was terminated shortly after the Coalition Government came to power, and which is seeking damages in excess of £500m
2. He has regularly acted for and advised Vodafone
3. He acted (2009) at trial (settled on day 4) for a claimant suing Cable & Wireless for £6m under earn-out provisions in a contract for the sale of a revolutionary MMS platform
4. In Vogon International Ltd v Serious Fraud Office (CA) [2004] All ER (D) 58 (Feb), he acted for a leading software retrieval company in the trial of a claim against the SFO for recovery of fees (the case involved the construction of the word "database").

Art Disputes:

Andrew regularly advises and acts for public institutions, private collectors, art dealers and artists in art related disputes; and has regularly acted against auctions houses where disputes have arisen as to the ownership of art works (including disputes relating to art works confiscated from private families by the former Nazi and Communist regimes). For example:

1. He is currently acting for a gallery seeking damages for non-delivery of a painting by Andy Warhol
2. He recently acted in a claim relating to the attribution of a painting by Basquiat
3. He recently advised a leading gallery on an attribution dispute in relation to a work by one of the great Renaissance masters
4. He acted (2009) for a company in successfully obtaining an injunction restraining Christie’s from proceeding with an auction of the company’s antiques
5. He acted for Prince Jefri of Brunei (and his wife Madame Salma) in an action relating to the alleged sale of a valuable art collection owned by the Prince and his wife
6. He acted for The Royal Society in seeking to recover the "Hooke Folio" which had disappeared from the Society’s premises over 300 years ago
7. He acted for the Trustees of the Beaverbrook Foundation in a claim for the return of US$50m of art from The Beaverbrook Gallery in Canada.

Jurisdiction Challenges:

Andrew’s cases frequently involve conflicts of laws issues, with such reported cases including ET Plus SA v Eurotunnel [2005] EWHC 2115 (Comm)) and Carvill v SBV [2005] EWCA Civ 645.

Andrew has considerable experience of insurance and reinsurance work both in the commercial court and in arbitration (domestically and internationally), and has been involved in a number of important reported cases in this area (see reported cases below). He has advised and acted on many occasions both for Lloyd’s syndicates and for domestic and international insurance/reinsurance companies; and both for and against insurance and reinsurance brokers. He has regularly acted in disputes relating to both marine and non-marine business. He has been recognized in the legal directories for many years, is currently in Chambers UK 2010 where he is described as having a "wide knowledge of all aspects of the insurance industry"; and he was, before taking silk in 2010, in the first band in Legal 500 for 2009 and in Chambers UK 2009 which referred to him as "one of the most eye-catching juniors around".

• In the Matter of an Indian Arbitration (2010-2011)
  Andrew recently acted for the claimant, one of India’s largest companies, in what was reputedly the largest ever Indian domestic arbitration. The claim was for significantly over US$500m under a material damage and business interruption insurance policy. The claim, which arose out of cyclone damage to an oil refinery, was arbitrated in Mumbai and the substantive hearing lasted over 3 months.
• Andrew recently acted (2009-1010) for AXA in a series of arbitrations against XL arising out of a billion dollar whole account excess of loss reinsurance programme.
• Andrew recently acted (2009-2010) for AXA in a series of arbitrations against ACE arising out of a multi-billion dollar whole account excess of loss reinsurance programme.

• AXA Re v ACE Global Markets Ltd [2006] EWHC 216 (Comm)
• Carvill v SBV [2005] EWCA Civ 645
• Mander v Equitas [2000] CLC 901
• Kennecott Utah Copper Corporation v Cornhill Insurance Plc [2000] Lloyd's Rep. IR 179 QBD (Com. Ct.)
• Groupama Navigation et Transports & Others v Catatumbo C.A.Seguros [2000] 1 Lloyd’s Rep 266
• FIGRE v Mander [1999] Lloyd's Rep. 193 QBD (Com. Ct.)
• J.A.Chapman & Co.Ltd v Chios Breeze Marine Co [1998] Lloyd’s Law Reports: Insurance & Reinsurance p377 (CA)
• Judd v Merrett [1997] Lloyd's Rep. IR 21 (CA)
• Toomey v Eagle (No2) [1995] 2 Lloyd's Rep. 88
• Toomey v Eagle Star (No1) [1994] 1 Lloyd’s Rep. 516 (CA).

Andrew is regularly instructed by financial institutions and private individuals in financial services disputes including in disciplinary and intervention proceedings brought by the FSA. Over the last 12 months, he has advised on matters including authorisations, the listing rules, the disclosure and transparency rules and market abuse/insider trading. Andrew is ranked in Legal 500 in this category, and is described by one solicitor as "one of our preferred juniors for disciplinary and intervention proceedings brought by the FSA".

• HSBC & Other Banks v Madame Sana & others (2011)
  Andrew recently acted for a defendant to various claims, in a total sum in excess of US$150m, brought by various banks arising out of alleged derivatives trading by a partnership of which his client is a partner. The case involved, among others, issues of Saudi Arabian law. The Lawyer identified this as one of the top 20 commercial cases of 2011.
• FSA v X (2011)
  Andrew is currently acting for an individual facing a prohibition order and a substantial fine, arising from his activities as managing director of a substantial and well-known company.
• FSA v Sachin Karpe (2010)
  Andrew recently acted for a former private wealth manager at UBS in relation to an FSA investigation into the bank’s discretionary FX trading on behalf of various clients. Appeared at the RDC hearing (April 2010) where a central issue was whether the RDC could impose a fine despite the Respondent’s inability to pay.
• Toronto Dominion Bank v Naqui (2010)
  Andrew recently acted for TDB in a substantial damages claim against a former trader arising out of the mis-marking of his trading book. Case recently settled.
• FSA v Vukelic (financial reinsurance) [2009] FSMT
  Andrew acted for Mr Vukelic in a 10 day hearing before the Financial Services & Markets Tribunal. The dispute arising out of reinsurance products which were said to be designed to mislead auditors.
• Lyons v HSBC (2009)
  Andrew acted for a private individual in a substantial damages claim brought against HSBC arising from the bank’s recommendation that the client invest in an AIG fund shortly before the implosion of AIG in September 2008. The case involved detailed consideration of the FSA’s COBS rules.

Advised in relation to various other high profile FSA investigations, including:

1. The investigation into Citigroup’s US$11 billion Eurobond trade over the MTS platform (in which he acted for a senior member of the trading desk)
2. The investigation into the Middleweek allegations against Collins Stewart (in which he acted for a senior member of the research team).

Andrew is regularly instructed by all the top specialist media and entertainment solicitors, and has considerable experience acting for and against artists, recording companies, and publishing companies.

• Ray Dorset v Associated Music Ltd (2011)
  Andrew recently acted for Ray Dorset (Mungo Jerry) in an accounting claim relating to "In the Summertime".
• Steve Winwood v Chris Blackwell & Universal (2010)
  Andrew recently acted for Chris Blackwell in a claim brought by Steve Winwood for a share of the profits from his sale of "Island Records".
• Bandana v Katherine Jenkins (2010)
  Andrew recently acted for KJ’s former manager in a dispute over post-termination commission.
• Sheikh Abdullah v Michael Jackson (2009)
  Andrew acted for Michael Jackson in an action brought by Sheik Abdullah to enforce a 3 album recording contract, alternatively for repayment of £12m of "loans" made by the Sheikh to Jackson. The case settled on day 5 of the trial.
• McPhail & Others v Bourne & Others (2009)
  Andrew acted for the former manager of the band "Busted" in a claim brought by 2 musicians who claim an ownership interest in the name and work of the band. The manager settled shortly before trial.

• Alan Lancaster v Mercury Records Ltd (2008)
  Andrew acted successfully for Mercury Records (formerly Phonogram) at the trial of an action brought by the former drummer of Status Quo for unpaid royalties.
• Red Alert Music Promotions Ltd v MacManamon [2007] All ER (D) 397 (Mar)
  Andrew acted successfully for the members of a band called "The Dead 60s" in the trial of an action brought by the former promoter of the band for unpaid commission.
• BBC Worldwide v Bee Load [2007] EWHC 134 (Comm)
  Andrew acted for Bee Load in a claim brought by the BBCW in relation to the exploitation of its archive of rock music.
• Fleming Estate v Eon & Danjac
  Andrew acted for the Fleming Estate in a claim against film production companies for an account of profits in respect of the James Bond films.
• Experience Hendrix v PPX Inc [2003] EWCA Civ 323; [2003] 1 All E.R. (Comm) 830
  Andrew acted for the recording company which first discovered Jimi Hendrix in a dispute with Jimi’s estate over the exploitation of 33 of his earliest recordings.
• Lennox Lewis v Eliades [2005] EWHC 2966 (QB)
  Andrew acted for Lennox Lewis in a dispute with his former manager.

Andrew regularly acts for and against teams, sportsmen, agents, and regulators in various different sports, including football, Formula 1, rugby, motor cycle racing and cricket. For example:

• RFU v Viagogo (2011-)
  Andrew acted for the RFU in successfully obtaining a Norwich Pharmacal order requiring a well-known website platform to disclose the identities of those selling tickets for, among others, Six Nations matches at Twickenham. The defendant is appealing to the Court of Appeal.
• Birmingham City FC v Alex McLeish (2011-)
  Andrew is acting for BCFC in its dispute with Alex McLeish relating to the termination of his contract as manager of BCFC.
• RFU v Maidstone RFC (2011)
  Andrew acted for the RFU in obtaining a disciplinary sanction against Maidstone RFC in circumstances where a previous panel found that an unidentified MRFC player had blinded an opposition player (by eye-gouging). This was the first time a Club had been successfully sanctioned for the conduct of a player.
• Everton v Gosling (2010)
  Andrew acted for Everton FC in an FA Premier League arbitration brought by Everton against a player who claimed that he was out of contract.
• RFU v Brendan Venter (2010)
  Andrew acted for the RFU in the disciplinary proceedings brought against the director of rugby for Saracens, which resulted in the imposition of a 14 week touch-line ban thereby preventing him from attending the final of the Guiness Premiership. Also acted for the RFU on the appeal.
• Celtic Rugby v Ospreys (2010)
  Andrew acted for Ospreys in disciplinary proceedings brought by Celtic Rugby against the club for failing to play a match in the Magners League.
• RFU v Lipman, Crockett & Higgins (2009)
  Andrew acted for the RFU in the high profile disciplinary proceedings brought against 3 Bath rugby players who failed to take drugs tests. The players were all given temporary bans. Also acted for the RFU on the appeal.
• Hilton v NISA (2009)
  Andrew acted for English ice-skating star in obtaining a mandatory injunction forcing the national regulatory body to pick him for the World Championships.
• UKA Selection Appeal Panel (2010)
  Andrew has been appointed by UK Athletics on a number of occasions to act as Chairman of a UKA Selection Appeal Panel.

• Carlos Tevez v West Ham United Football Club Plc (2007)
  Acted for Carlos Tevez (and the companies which owned the economic rights to his services) in a dispute against WHFC (then the employer of Mr Tevez) as to whether Mr Tevez was entitled to terminate his player contract and pursue transfer negotiations with Manchester United FC.
• Gabriel Heinze v Manchester United Football Club (2007)
  Acted for Mr Heinze in a dispute against MUFC (then Mr Heinze’s employer) as to whether Mr Heinze was entitled to pursue transfer negotiations with Liverpool.
• De Lucas v Chelsea FC (2006)
  Acted for a former Chelsea player, de Lucas, in his claim against Chelsea FC for breach of contract.
• Premier Rugby Ltd and others v Rugby Football Union and others [2006] All ER (D) 412
  Acted for the RFU in a claim brought by Premier Rugby against the RFU for a determination as to whether a match between England and the All Blacks could take place to celebrate the opening of the new stand at Twickenham.
• Lichtenstein v Clube Atletico Mineiro [2005] EWHC 1300
  Acted for the Brazilian football club, Clube Atletico Mineiro, in a claim brought against the club by an agent claiming an entitlement to commission for the transfer to Arsenal of Gilberto Silva.
• Carlton & Granada v The Football League [2002] EWHC 1650 (Comm)
• Modahl v The British Athletic Federation [2001] 1 WLR 1191, [2001] EWCA Civ 1447

Andrew has considerable experience of arbitration practice and procedure having acted for a wide variety of commercial clients in a substantial number of arbitrations, and having been a co-editor of Halsbury’s Laws of England (4th Edn Reissue) on Arbitration. He is familiar with the procedural rules of a number of arbitration organisations, including the LCIA and the ICC (and is currently sitting as an ICC arbitrator).

• In the Matter of an Indian Arbitration (2010-2011)
  Andrew recently acted for the claimant, one of India’s largest companies, in what was reputedly the largest ever Indian domestic arbitration. The claim was for significantly over US$500m under a material damage and business interruption insurance policy. The claim, which arose out of cyclone damage to an oil refinery, was arbitrated in Mumbai and the substantive hearing lasted over 3 months. 
• In the Matter of an International Arbitration (2011-)
  Andrew is acting for a major IT contractor whose contract with the UK Government was terminated shortly after the Coalition Government came to power. The contractor is seeking damages in excess of £500m.
• In the Matter of an ICC Arbitration (2011-)
  Andrew is acting for a film production company in an ICC arbitration brought by an Israeli company relating to film production and distribution rights.
• Andrew acted (2010) for AXA in a series of arbitrations against XL arising out of the collapse of the Argentine economy in 2002 and the consequential actions of the Argentine government which have resulted in XL making various claims under a political risk insurance programme.  
• FSA v Vukelic (2009)
  Acted for the former senior manager of one of the largest reinsurance companies in disciplinary proceedings brought by the FSA arising out of the alleged mis-accounting of 3 reinsurance transactions. The hearing took place before the Financial Services Tribunal.

• Hesham Amin Hamza El Nasharty v J Sainsburys Plc [2003] EWHC 2195 (Comm)
• AXA Re v ACE Global Markets Ltd [2006] EWHC 216 (Comm)

VAT registration number:  524108185