Andrew Green

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

Civil Fraud/Injunctions/freezing orders:

A considerable part of Andrew’s practice involves acting for claimants in obtaining injunctive relief and for defendants in opposing or discharging injunctions, frequently in the context of civil claims for fraud. For example, (1) he recently 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 recently acted for a well-known hedge fund in restraining a former employee from disclosing confidential information; (3) 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)); (4) he acted in injunctive proceedings brought against Eurotunnel for breach of contract and conspiracy (ET Plus SA v Eurotunnel [2005] EWHC 2115 (Comm)); (5) he acted for a Guernsey company in opposing a worldwide freezing order obtained by Motorola for the purpose of enforcing a US$2 billion New York judgment; (6) he acted for Sainsbury’s against British Airways in successfully obtaining an injunction restraining certain “Air Miles” promotions; and (7) on a privacy injunction, he successfully restrained the mistress of a well-known businessman from disclosing the intimate details of their relationship.

Art Disputes:

He 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 advising a London dealer in a dispute over a Leonardo drawing; (2) he recently 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; (3) he recently acted for the photographer, Giacobetti, in a dispute with the Estate of Francis Bacon over the photographer’s right to reproduce photographs of the dead painter; (4) he recently acted for a claimant seeking to recover damages against MOMART for the destruction of paintings in a fire at MOMART’s warehouse in 2004; (5) he recently acted for The Royal Society in seeking to recover the “Hooke Folio” which had disappeared from the Society’s premises over 300 years ago; (6) he acted in a dispute between two art dealers as to the ownership of an important Otto Dix painting; and (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.

Telecoms & IT Disputes:

He regularly advises and acts for companies (both claimants and defendants) in disputes relating to Telecoms & IT contracts. For example, (1) he regularly acts for and advises Vodafone, and has recently been advising Vodafone in relation to a potential dispute with a substantial telecoms provider; (2) he has recently been advising BSKYB on its standard terms; (3) he is currently acting for a claimant suing Cable & Wireless arising out of the sale of a mobile phone platform business to C&W; (4) he recently advised Equant in a dispute on a telecoms contract; (5) he recently advised Hutchison 3UK in a dispute relating to the provision of credit and debit card acquiring services by Streamline; (6) he acted for Thorn UK in a claim brought by IBM on a long-term contract outsourcing to IBM all of Thorn’s IT requirements; and (7) 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”).

Jurisdiction Challenges:

His cases frequently involve conflicts of laws issues. A number of his recent cases have involved jurisdictional challenges, including Al Chark Insurance Co v ADES (settled June 2007), ET Plus SA v Eurotunnel [2005] EWHC 2115 (Comm)) and Carvill v SBV [2005] EWCA Civ 645.

Insurance & Reinsurance:

Andrew has considerable experience of insurance and reinsurance work both in the commercial court and in arbitration, 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 is currently instructed on a series of disputes between AXA Re and ACE Global Markets Ltd arising out of AXA’s excess of loss reinsurance of ACE’s whole account.

Examples of issues on which Andrew has recently advised/acted include: (1) the scope of the inspection clause in the Joint Excess of Loss Committee clauses; (2) whether the Reinsurer or the Reinsured is liable to pay brokerage; and (3) the meaning and effect of the SCOR Claims Control Clause in a reinsurance contract.

Insurance and reinsurance:

• A series of arbitrations for AXA against ACE arising out of a multi-billion dollar whole account excess of loss reinsurance programme.
• The Commercial Court litigation between Konkola and its insurers and reinsurers.
• AXA Re v ACE Global Markets Ltd [2006] EWHC 216 (Comm)

Toomey v Eagle Star (No1) [1994] 1 Lloyd’s Rep. 516 (CA).

Toomey v Eagle (No2) [1995] 2 Lloyd's Rep. 88

Judd v Merrett [1997] Lloyd's Rep. IR 21 (CA)

J.A.Chapman & Co.Ltd v Chios Breeze Marine Co [1998] Lloyd’s Law Reports: Insurance & Reinsurance p377 (CA)

FIGRE v Mander [1999] Lloyd's Rep. 193 QBD (Com. Ct.)

Groupama Navigation et Transports & Others v Catatumbo C.A.Seguros [2000] 1 Lloyd’s Rep 266

Kennecott Utah Copper Corporation v Cornhill Insurance Plc [2000] Lloyd's Rep. IR 179 QBD (Com. Ct.)

Mander v Equitas [2000] CLC 901

Carvill v SBV [2005] EWCA Civ 645

Andrew is regularly instructed by financial institutions and private individuals in financial services disputes and, in particular, in disciplinary and intervention proceedings brought by the FSA. For example:

Market Abuse:

He regularly advises companies and private individuals on market abuse issues; and advised and drafted pleadings in what was the first market abuse case to be brought by the FSA under the Financial Services and Markets Act 2000 (arising out of the largest spread bet ever placed with City Index).

“Splits”:

He has advised a number of clients on various matters arising out of the FSA's "splits" investigation and, in particular, acted for BFS Investments Plc in relation to the FSA investigation. He has also acted for BFS in 2 High Court actions brought against it by private clients.

FSA Investigations:

High profile FSA investigations in which he has been involved include (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), and (2) the investigation into the Middleweek allegations against Collins Stewart (in which he acted for a senior member of the research team).

Performance Fees:

He recently acted for a well-known hedge fund manager in relation to its claim in arbitration for payment of a performance bonus despite the termination of its management contract two months into its term. He has subsequently advised other hedge funds on similar issues.

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:

Football:

In the summer of 2007, Andrew acted in the 2 highest profile football transfer disputes: (1) in Carlos Tevez v West Ham United Football Club Plc, he 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; and (2) in Gabriel Heinze v Manchester United Football Club, he 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. Also, in recent years, Andrew has had three football-related trials: (1) in De Lucas v Chelsea FC, he acted for a former Chelsea player, de Lucas, in his claim against Chelsea FC for breach of contract; (2) in Lichtenstein v Clube Atletico Mineiro [2005] EWHC 1300 he 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; and (3) in Adebola v Silkman, he acted for a former premiership footballer in a damages claim against his former agent. Andrew also acted for The Football League in Carlton & Granada v The Football League [2002] EWHC 1650 (Comm); and for the BAF in Modahl v The British Athletic Federation [2001] 1 WLR 1191, [2001] EWCA Civ 1447.

Formula One:

He is very familiar with Formula One disputes, with the Concorde Agreement, and with hearings before the Contract Recognition Board (having been involved in two disputes involving that body). He has acted for the McLaren F1 Team on a number of occasions, including in a £100m dispute with one of its sponsors. He has acted for the Williams F1 Team in disputes before the Contract Recognition Board against (1) BAR over whether Jenson Button would drive for Williams or BAR in the 2005 year, and (2) Jenson Button over whether he would drive for William or BAR in the 2006 year. He also acted for Tom Walkinshaw in a substantial High Court claim brought against Mr Walkinshaw by Cosworth Racing under a personal guarantee relating to the engine supply agreement made between Arrows and Cosworth.

Rugby:

He is regularly instructed by the RFU. For example: (1) in 2008, he acted successfully (against Michael Beloff QC) for the ERFSU on an appeal by a school against a decision to disqualify it from participating in the prestigious Daily Mail U.18 tournament; (2) in 2008, he has been advising the RFU in relation to the redrafting of its Minimum Standards Criteria; (3) in 2007, he regularly advised the RFU on the terms of the Long-Form Agreement between the RFU and Premier Rugby, in particular in relation to a dispute over the Heineken Cup; (4) in 2006, he 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: Premier Rugby Ltd and others v Rugby Football Union and others [2006] All ER (D) 412 (Jul).

Cricket:

In 2008, he acted for the ECB on 3 appeals by international cricketers arising out of the application of the ECB “Regulations Governing the Qualification and Registration of Cricketers”.

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.

Steve Winwood v Chris Blackwell & Universal in which he is acting for various of the Universal companies in an action brought by Steve Winwood for a share of “Island Records” and for an account of profits.

McPhail & Others v Bourne & Others in which he 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 in which he recently 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) in which he recently 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) in which he recently 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 in which he is acting 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 in which he 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) in which he acted for Lennox Lewis in a dispute with his former manager.

Trittico Ltd v Vanessa Mae in which he acted for Vanessa Mae in a contractual dispute with her mother’s corporate vehicle.

Wembley National Stadium Ltd v AEG Live (UK) Ltd in which he acted for the UK promoter of Bon Jovi in relation to a cancelled concert at Wembley Stadium as a result of the delayed completion of the stadium.

EMI Music International Services Ltd v Musikvertrieb AG in which he acted for EMI in royalty claim against its Israeli distributor.

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 (4^th 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). He is currently involved in a number of ongoing arbitrations. Reported cases involving arbitration issues include Hesham Amin Hamza El Nasharty v J Sainsburys Plc [2003] EWHC 2195 (Comm) and AXA Re v ACE Global Markets Ltd [2006] EWHC 216 (Comm).