Andrew Hunter QC

Called to Bar:
1993
Appointed to silk:
2012
Practice areas:
Degrees:
BA (Oxon) in Law (First Class, Wronker Prize), BCL (Bachelor of Civil Law)

Andrew Hunter QC is ranked by both of the leading independent legal directories.

Chambers UK 2014 ranks Andrew in five areas:

  • Commercial Litigation - “Great with detail.” ... “Very, very good – he's efficient in court, and thinks about cases in a really cunning way.”
  • Fraud: Civil – “Breathtakingly intelligent.” … “Calm and measured.”
  • Insurance & Reinsurance – “An extraordinarily formidable opponent. Very quick and very clever, he's an extremely effective cross-examiner.” … “A quality performer, who is very personable too.”
  • Media & Entertainment – “a very good all-round copyright/IP expert who really rolls up his sleeves and gets stuck into case.” … “He's very bright, gets on top of the issues quickly and proposes practical solutions.”
  • Sports – “He is so succinct, and so frighteningly bright.” … “He has a phenomenal command of the law, which he seems able to draw on at a moment's notice, and he is excellent with clients. He's able to express himself reassuringly, compellingly and in plain English.”

He is also recognized in the Legal 500 2013:

  • Commercial Litigation – recommended
  • International Arbitration – “very calm and measured” … “razor-sharp intellect” … “‘written work of the highest quality”
  • Media & Entertainment and Sport – “commercial, insightful advice”

Chambers Global 2013

  • Andrew is ranked in Dispute Resolution.

Professional Experience

Andrew has been practising at the Bar since 1994.  He regularly appears as lead advocate in all divisions of the High Court, the Court of Appeal,  and in numerous Tribunals and international Arbitral Panels such as the Upper Tribunal, ICC Arbitral Tribunals, the Court of Arbitration for Sport, the FIA Appeal Court, and FIFA and Premier League Appeal Panels.  

Commercial

The focus of Andrew’s practice is commercial litigation.  He is currently instructed as leading counsel in a wide range of substantial international and domestic commercial cases and appeals.  He also has a wealth of experience in more specialist areas such as civil fraud, injunctive litigation, banking/financial services, insurance and reinsurance.

Current and recent work

Commercial Trials and Appeals:

  • Slocom v Sibir Energy and ors (Roth J [2012] EWHC 3464, [2013] EWHC 1201 
    Leading counsel for Sibir in this complex ongoing international dispute regarding a disputed €40 million debt, allegations of fraud and forgery and the validity of security over a €100 million+ property in France;  Roth J gave judgments in late 2012, and spring 2013; applications are pending in the Court of Appeal.  
  • Life Settlement Consulting Ltd v London Capital Group Ltd (Burton J, November 2013)
    Leading Counsel for the Defendant spread betting company in £10 million contractual dispute about web-based Foreign Exchange trading. 
  • La Generale des Carrieres et des Mines v FG Hemisphere Associates LLC Privy Council (Jersey), [2012] UKPC 27; [2013] 1 All E.R. 409; [2012] 2 Lloyd's Rep. 443; [2012] 2 C.L.C. 709
    Counsel for FG Hemisphere in this Privy Council appeal concerning the application of principles of sovereign immunity to proceedings for the enforcement of a commercial debt against a State owned mining company.
  • Inversiones Friera SL v Colzeo Investors II LP [2012] Bus LR 1136; [2012] BCLC 469 (Norris J)
    Leading Counsel for a large investment fund and its manager in this dispute with its largest investor concerning substantial losses to the investor’s €100 million investment.

Civil Fraud:

Andrew has many years’ experience of civil fraud litigation, and has appeared in dozens of Freezing Order and Search Order applications as well as many civil fraud trials and heavy committal / contempt applications.  He acts both for fraud claimants (e.g. banks or large corporations) and for fraud defendants and is currently instructed by a range of City firms.

  • Bank of Ireland v Rafiq [2013] EWHC 768 (Purle J)
    Leading Counsel for the Claimant Bank in this successful fraud claim against one of its former relationship managers, accused of taking numerous secret profits.  Purle J gave judgment for the Bank in February 2013
  • Bonhams v Al Thani (Cox J, Openshaw J, Parker J, 2012-13)
    Leading Counsel for the Claimant auctioneer in this successful £5 million claim against a member of the Qatari royal family; involving worldwide Freezing injunctions, a summary judgment application and complex judgment enforcement measures.
  • Sibir Energy v Tchigirinski and ors [2012] 2 All ER (Comm) 1285, [2012] 2 CLC 665
    Leading Counsel for the Claimant oil company, Sibir, in these two related cases.  The first was part of a US$450 million fraud claim brought by Sibir against various defendants; the case is now largely resolved following a series of summary judgments and settlements.
  • HMRC v Sunico and ors [2012] STI 3017 (Warren J)
    Counsel for one of the Defendants, to this large £20 million MTIC fraud claim brought by HMRC.  Successfully applied to strike out the claim and discharge a worldwide freezing order in late 2012.

Domestic and International Arbitration

Andrew has extensive experience in a wide variety of domestic and international commercial arbitrations (including LCC, ICC, and LME arbitrations), and also regularly acts in specialist arbitral tribunals such as the Court of Arbitration for Sport.  He also has extensive experience of anti-arbitration injunction applications and other arbitration applications in the Commercial Court.  He co-wrote the Arbitration chapter in Lewis on Sports law, and is a member of Chartered Institute of Arbitrators.

Current and recent work

  • The Tennessee Valley Authority v Various Bermudan Insurers (Bermuda Form Arbitrations: October 2013 (decision pending); June 2014). 
    Leading Counsel for the Claimant, a US public corporation in this US$300 million series of Bermuda Form arbitrations in London and Toronto.
  • S v S (London Commercial Arbitration, January 2013)
    Leading Counsel for the Claimant in this dispute between two members of the same high-profile Lebanese / Palestinian family regarding a very valuable property next to Kensington Palace. 
  • Reinsured x v Reinsurer Y (London, Commercial Arbitration, 2012)
    Leading Counsel for the Claimant, a large US defence contractor in this very large insurance / reinsurance arbitration claim arising out of the destruction of a shipyard by Hurricane Katrina (now settled on confidential terms).

Banking and Financial Services

Andrew’s experience in this sector stretches back to his secondment as enforcement counsel at the SFA in 1999.  Since then he has regularly acted as both prosecuting counsel (for the FCA/FSA and others) and as defence counsel in various regulatory contexts.  He also acts both for and against banks in a wide variety of other banking and financial disputes.

Current and recent work

  • Hobbs v Financial Conduct Authority [2013] Lloyd’s Rep FC 504
    Leading Counsel for the Financial Conduct Authority in this successful appeal in the Court of Appeal against part of the Upper Tribunal’s decision in a case concerning alleged price manipulation in the market for Coffee Futures.   The case has now been remitted to the Upper Tribunal to reconsider whether to impose a prohibition order.
  • Burns v Financial Conduct Authority, Upper Tribunal, Decision 1 May 2013
    Leading Counsel for the Financial Services Authority in this ongoing case before the Upper Tribunal concerning alleged abuse of position and conflict of interest by a non-executive director of investment funds.  On 1 May 2013 the Upper Tribunal directed that the hearing should proceed in public and set out guidance the application of open justice principles.
  • Arch Financial Products v Financial Conduct Authority [2012] WL 6044045, Upper Tribunal
    Leading Counsel for the Financial Conduct Authority in this dispute before the Upper Tribunal concerning the ongoing Arch Cru litigation, and the application of open justice principles where FCA decisions have been referred to the Upper Tribunal.
  • Life Settlement Consulting Ltd v London Capital Group Ltd (Burton J, Trial November 2013). 
    Leading Counsel for the Defendant spread betting company in £10 million contractual dispute about web-based Foreign Exchange trading.  The case settled at the end of the second week of a four week trial.

Insurance and Reinsurance

Andrew has a long pedigree in insurance and reinsurance going back to well known cases such as Kingscroft and others v Nissan [1999] Lloyds R&IR 603; the Beursgracht [2002] 1 Lloyd’s Rep 574 (CA); [2002] 2 Lloyd’s Rep 602 and [2001] 2 Lloyd’s Rep 608; and Bonner & ors v Cox & ors [2005] Lloyds Rep IR, 569.

Current and recent work

  • The Tennessee Valley Authority v Various Bermudan Insurers (Bermuda Form Arbitrations: October 2013 (decision pending); June 2014). 
    Leading Counsel for the Claimant, a US public corporation in this US$300 million series of liability insurance claims against major Bermudan insurers.  One case has settled; one arbitration took place over four weeks in London; a further arbitration in Toronto is listed for June 2014.   Other details remain confidential.
  • Broadland Hams (Norfolk) Ltd v Giles Insurance Brokers (Commercial Court, 2013)
    Leading Counsel for the Defendant insurance broker in its defence at of a £2 million broker’s negligence claim.   The claim settled in October 2013 following a lengthy mediation.
  • Jones v Environcom Ltd [2012] Lloyd’s Rep IR 277 (CA)
    Counsel for the third party broker in its successful defence on causation grounds of a large broker’s negligence claim first in the Commercial Court trial, and then in the Court of Appeal.

Sport

Andrew has been ranked as a leading counsel in this field for many years.  In the sports sector, he has acted in a wide variety of commercial and disciplinary cases, including many high profile matters such as the recent “Bloodgate” and “Spygate” affairs in Rugby Union and Formula One.   He acts for regulatory bodies (e.g. the Premier League, the FIA, UK Athletics, and British Cycling); for sports stars (e.g. the England Football Team; various Formula One teams and drivers, and various Premier League footballers); for sports teams (e.g. various Premier League and Formula One Teams); and for sports agents (e.g. the Association of Football Agents). 

Current and recent work

  • Mohamed Bin Hammam v FIFA (Court of Arbitration for Sport)
    Leading Counsel for the Defendant, a former FIFA Vice President, in this dispute with FIFA arising out of accusations of serious breaches of FIFA’s Code of Ethics.
  • Lionel Messi v Sports Enterprise Limited (pending, Chancery Division)
    Leading Counsel for the footballer Lionel Messi and related companies in this ongoing dispute with a former agent.

Media and Entertainment

Andrew is ranked by the directories as a leading junior counsel in this sector.   He has acted in a large number of music, video and film cases, both for artists and for record, publishing, and other media companies.

Current and recent work

  • Bill Straw & Blix Street Records v Jennings & ors (Warren J, [2013] EWHC 3290)
    Leading Counsel for the Claimant record label, in this successful £2 million royalty claim and copyright counterclaim concerning the late American singer/songwriter Eva Cassidy.  After a 2 week trial, Warren J granted judgment for the Claimant and dismissed all counterclaims.
  • Gordon Ramsay and ors v Sensio Inc and ors (2013 ongoing)
    Leading counsel for the Claimant celebrity chef in this ongoing case about image and branding rights (trial scheduled for spring 2014).

Other relevant experience

VAT registration number:  646167228

Photo of Andrew Hunter

A quality performer, who is very personable too. 

Chambers UK 2014

Cases

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razor-sharp intellect 

Legal 500 2013