Andrew Hunter

Andrew has an extensive commercial law practice, incorporating a full range of general commercial disciplines such as jurisdictional disputes and commercial arbitration as well as more specialist areas such as Civil Fraud, Insurance and Reinsurance, Financial Services and commercial Judicial Review. Andrew regularly appears in substantial commercial litigation before the Court of Appeal and the Commercial Court, Chancery Division and Queen’s Bench Division Courts, both as sole counsel and as junior counsel in larger teams.  He has also acted as an examiner supervising the taking depositions in a US arbitration and as a expert witness on English arbitration law.

Recent commercial clients include: Vodafone, Shell, Universal, Microsoft, the Financial Services Authority, the Export Credit Guarantee Department, Channel 4, Team England (the English football team), the Advertising Standards Agency, BMW Williams F1 Team, Panasonic Toyota F1 Team, British American Tobacco, Gucci and the Bank of Scotland.

Civil Fraud:

Andrew has many years’ experience of civil fraud litigation, since being Junior Counsel for Den Norske Bank in a well known series of claims arising out of corruption in its Greek Shipping department (Den Norske v Antonatos [1998] 1 All ER 137 (CA)).  He was Counsel for the famous London bookshop Foyles in the sequence of fraud litigation which preceded its recent modernisation (W&G Foyles Ltd v Smith and others, QBD, 2002), and for the National Westminster Bank in Papamichael v National Westminster Bank [2002] 1 Lloyd’s Rep 332; [2002] 2 All ER (Comm) 60 (Comm Court).  He has appeared in dozens of Freezing Order and Search Order 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.

Recent clients include: Gucci, Citibank, Hay Recruitment Plc, Frontier Estates Limited, the Ministry of Defence.

Insurance & Reinsurance:

Andrew has extensive experience in a wide variety of insurance and reinsurance disputes.   He has acted in several important reported cases, such as: Kingscroft and others v. Nissan [1999] Lloyds R&IR 603 (on reinsurance pools); Glencore International AG v. Ryan (“the Beursgracht”) [2002] 1 Lloyd’s Rep 574 (CA); [2002] 2 Lloyd’s Rep 602 and [2001] 2 Lloyd’s Rep 608 (on the nature of charterers’ open covers); Bonner & ors v Cox & ors [2005] Lloyds Rep IR, 569 (the nature of reinsurers’ underwriting duties to reinsureds); and Enterprise Oil v Strand Insurance Company  [2006] 1 Lloyd’s Rep 500 (various liability insurance issues).  He has also acted for brokers in a number of Lloyd’s disciplinary hearings.  He is instructed by a range of City firms.

Recent insurance / reinsurance clients include:  numerous Lloyd’s syndicates, Hiscox, XL Re, and Shell.

General Commercial Cases:

Sawyer v Atari (Lawrence Collins J [2006] 29(2) IPD 29012; November 2006, Cooke J; February 2007, Court of Appeal)
Counsel for the Claimant software designer in this multi-million pound claim in the Chancery Division for unpaid royalties against the international software distributor Atari.  The case has included a complex jurisdictional battle, in which the Claimant prevailed before Lawrence Collins J.

High-Tech International AG and ors v Oleg Deripaska (Eady J [2007] EMLR 3276 [2006] EWHC 3276 (QB))
Counsel for the Claimant company in this complex international claim against the Russian “oligarch” and owner of the aluminium company Rusal, Oleg Deripaska.  There was a lengthy jurisdictional hearing in late 2006 and early 2007, following which Eady J declined jurisdiction. 

Financial Services Authority v BFS Investment Limited and ors (2005-2007)
Junior Counsel for the FSA on the various disciplinary claims against firms and individuals involved in the collapse of the Split Capital Trust Investment market in 2003.

Daric Smith and ors v Philip Morris and ors (Commercial Court, Andrew Smith J, 27 April 2006 [2006] EWHC 916 (QB), Lawtel Ref 2/5/2006)
Counsel for British American Tobacco (and one of its former directors) in this successful application in the Commercial Court to set aside an order obtained by US class action Plaintiffs for oral examination under the Evidence (Proceedings in Other Jurisdictions) Act 1975.

Enterprise Oil v Strand Insurance Company [2006] 1 Lloyd’s Rep 500 (Commercial Court, Aikens J)
Junior Counsel for the Claimant oil company (now part of Shell) in this £25m liability insurance claim which was tried in the Commercial Court in late 2005 with judgment in January 2006.  The judgment of Aikens J addresses many important liability insurance issues including the correct approach of an English Court to issues of Texan tort law and jury procedure, and the impact of the recent Lumberman’s decision on insurance claims following settlements.

Civil Fraud:

Frontier Estates v Howarth and ors (Chancery Division, ongoing)
Junior counsel for the Claimant in this very substantial ongoing property fraud (Search Order hearing in April 2007, trial pending).

Tower Taxi LLP v Dean and Dean; Feetum and ors v Tower Taxi LLP (Chancery Division, 2006)
Counsel for Tower Taxi LLP in a series of related disputes concerning a new business installing “Cabvision” interactive screens in London Taxis.  This included a substantial fraud claim by investors against a number of the founders of the investment scheme.  Most aspects of the cases settled in late 2006.

Hays Recuitment Limited v Parks and others (Chancery Division, October 2006)
Counsel for the Claimant, Hays Recruitment Limited, in this series of linked fraud claims.  Each claim involved large-scale theft of confidential information by present or former employees and the subsequent use of this information to set up or support rival businesses.  In each case, successful applications were made for Freezing and Search or Document Delivery Up Orders.  The cases settled following execution of the orders.

Insurance and Reinsurance:

Aegis (Lloyd’ Syndicate 1225) v Continental Casualty Company (Andrew Smith J, [2007] EWHC 1762 (Comm), [2008] LRIR 17)
Counsel for the Claimant Lloyd’ Syndicate in this reinsurance claim arising out of property damage and business interruption claims in Aruba. 

Enterprise Oil v Strand Insurance Company [2006] 1 Lloyd’s Rep 500 (Commercial Court, Aikens J)
Junior Counsel for the Claimant oil company (now part of Shell) in this £25m liability insurance claim which was tried in the Commercial Court in late 2005 with judgment in January 2006.  The judgment of Aikens J addresses many important liability insurance issues including the correct approach of an English Court to issues of Texan tort law and jury procedure, and the impact of the recent Lumberman’s decision on insurance claims following settlements. 

Catalina Reinsurance v DW Higgins (Lloyds Syndicate 271) (Bermudan arbitration, ongoing)
Counsel for the Defendant Syndicate in this ongoing retrocession claim in respect of 9/11 losses. 

Allianz and ors v Markel Capital Limited and ors (Commercial Court, 2006)
Counsel for the Claimant reinsureds in this substantial reinsurance  claim arising from the operation of an Energy Cover called the “Shell Floater”.   The case was settled in late 2006.

Andrew has acted as both prosecuting and defence counsel in various regulatory contexts.  He completed a 6 month secondment as enforcement counsel at the SFA in 1999 and has since acted for both the regulator and for defendants in various financial regulatory prosecutions.  Andrew has also appeared before the Lloyds Disciplinary Tribunal and the Lloyd’s Appeal Tribunal; and has acted as Prosecuting counsel for the Chartered Institute of Taxation since 2001.

The Split Capital Investment Litigation (2005-2007)
Junior Counsel for the FSA in respect of their investigation and disciplinary proceedings against various fund managers and brokers involved in the collapse of the Split Capital Investment market.

FSA v Royal Dutch Shell (2005-6)
Junior Counsel for Shell in respect of the disciplinary proceedings brought against it by the FSA for allegedly incorrectly reporting oil reserves.

Andrew has appeared in a large number of high profile sports cases covering the whole range of contractual and regulatory sporting disputes, including many well known doping and disciplinary cases.

He has acted for regulatory bodies (e.g. the FIA, UK Athletics, and British Cycling); for sports stars (e.g. the England Football Team; the Formula One driver Ralf Schumacher, the young Nigerian footballer John Obi Mikel; and the Scottish sprinter Dougie Walker); for sports teams (e.g. various Formula One Teams; and Leicester City FC in its well known dispute with the footballer Dennis Wise); and for agents and managers (e.g. for the former manager of Paul Gascoigne in a dispute arising out of the termination of their relationship, and for the former financial adviser to Lennox Lewis). 

Andrew is instructed by most specialist firms in this area, and has also acted directly for regulatory bodies.

McLaren v Federation Internationale d’Automobiles (2007-)
Junior Counsel for McLaren in the ongoing “Spygate” saga.

Association of Football Agents v the Football Association (2007-)
Counsel for the AFA in an ongoing dispute about the legality of the FA’s new regulations for Football Agents.

UKA v Christine Ohuruogh (2007)
Counsel for the UKA in the disciplinary proceedings against the current 400m World Champion, Christine Ohuruogu for missing out of competition doping tests.  Appeared before the UKA Disciplinary Committee and Court of Arbitration for Sport.

Carlos Tevez / West Ham United (2007)
Junior counsel for the footballer Carlos Tevez in his dispute with West Ham United.

ISI v Millar and others (representing the International Rugby Board) (Chancery Division, 2006)
Counsel for the Claimant company which promotes rugby matches between invitation teams (the Barbarians, the World XV) and international sides. This was a competition law challenge to certain IRB Rules and policies which the Claimant contended interfered with its business. It was settled in late 2006, following which the IRB amended its Rules.

John Obi Mikel and Manchester United FC and others (FIFA Dispute Resolution Panel, 2006)
Counsel for the young Nigerian footballer John Obi Mikel, who was the subject of competing claims for his services from Manchester United and Chelsea. The dispute was settled in summer 2006 and the player joined Chelsea.

Grand Prix Manufacturers Association and FIA (2006-)
Instructed by the GPMA in connection with various disputes concerning the future of the Formula One Championship after the expiry of the Concorde Agreement in 2007.

Re “Team England” (2006)
Advised the England Football squad on various matters concerning the division of sponsorship income.

British Cycling Federation v David Millar (2005)
Appeared for the BCF before the Court of Arbitration for Sport in this doping case against the professional cyclist David Millar.

BMW Williams/Ralf Schumacher v FIA (2003)
Counsel for BMW Williams and Ralf Schumacher in this successful (televised) appeal before the FIA Court of Appeal in Paris.

UKA v Perriss Wilkins
Counsel for UKA in the Court of Arbitration for Sport in this doping case concerning the discus thrower Perriss Wilkins.

Rubython v FIA & Max Mosley (Gray J LTL 20/6/03)
Counsel for the FIA in this case concerning the jurisdiction of the English Court to grant injunctions against international sporting bodies.

Leicester City Football Club v Dennis Wise (2002 -)
Counsel for Leicester City Football Club in its successful appeal to the Football League Appeals Committee in respect of its dismissal of Dennis Wise for an assault on a team mate.

Melvyn Stein v Paul Gascoigne (2002 -)
Counsel for the Claimant in this case against the footballer Paul Gascoigne arising out of an agreement for the “ghost-writing” of his autobiography.

Walker v UKA and the IAAF (Toulson J, 3^rd July 2000; Hallett J, 26^th July 2000)
Counsel for the Scottish sprinter Dougie Walker in this well-publicised High Court litigation concerning his suspension on doping charges.  See Viewpoint Article in the Lawyer 25^th September 2000.

Andrew is recommended in the current Legal 500 and Chambers & Partners, having developed an impressive practice in this field and acted in a large number of music, video and film cases, both as junior and sole counsel.

Channel 4 v Universal Pictures (Chancery Division, 2006 - )
Counsel for Universal in this dispute concerning royalties from the film “Trainspotting”.

Breakbeat Kaos Limited and anr v Harding and ors (Chancery Division, 2006 -)
Counsel for the Claimant record and music publishing companies in their ongoing dispute with the band “Pendulum”.

Music Sales Limited v Warner/Chappell, Faber and others (Chancery Division, 2006)
Counsel for the Claimant music publishing company in a substantial and complex claim in the Chancery Division relating to the performance of European and Australian distribution agreements following the purchase by Faber and others of the Warner/Chappell print music business.  The case very recently settled following a lengthy mediation in December 2006.

Pegasus v Merchant Ivory (Chancery Division, 2006 -)
Counsel for Claimant Film Producer in this claim against its co-producer concerning the consequences for a co-production contract of the death of Ismail Merchant.

Asylum Management Limited v Nash & Ors
Counsel for the members of the band “Mis-Teeq” in this claim brought against them by their alleged former manager.

Reforming Publishing Co v BMG & Anr
Counsel for the record company BMG in its claim concerning the club hit “Touch Me”.

Lynn v Fowler & others
Counsel for the former manager of the band Ocean Colour Scene in his claim against the band for management commission.

Sheptonhurst and another v British Board of Film Classification (Video Appeals Committee, June 1999;  R v the Video Appeals Committee ex parte British Board of Film Classification [2000] COD 239 (Admin Court, Hooper J)
Junior counsel for the BBFC in this well publicised test case on “R18” video classification.

Andrew has undertaken a wide range of substantial judicial reviews for various government departments, applicant companies and regulatory bodies.  Whilst Andrew’s practice relates predominantly to proceedings brought within a commercial context, he has gained a vast amount of experience in immigration matters, having represented the Crown in over 30 such judicial reviews.

London & Continental v The Rail Regulator (Moses J)
Counsel for the interested party, Midland Main Line in this judicial review concerning compensation for cross-channel rail link work at St Pancras station.

Dube v Secretary of State for the Home Department LTL Ref 15/10/2002 (QBD Administrative Court (Keith J) 

R v Secretary of State for the Home Department ex parte Nyakomya LTL Ref 21/8/02 (Ousley J)

R (Zenovics) v Secretary of State for the Home Department [2002] EWCA Civ 273, NewLawOnline Case 202034705; Lawtel Ref 7/3/02 (CA)

R v Secretary of State for the Home Department ex parte Sohan Singh Dhotar [2001] Imm AR 210 (Gibbs J)

R v Secretary of State for the Home Department ex parte Roszkowski Times 29^th November 2000 (Keene J);  Court of Appeal, 9^th May 2001, Lexis transcript

R (Chorion Plc) v Westminster City Council [2002] EWCA Civ 1126, NewLawOnline Case 2020713603; Lawtel Ref LTL 30/7/02 (CA); TLR 21/10/2002

R (Westminster City Council) v Middlesex Crown Court [2002] EWHC 1104, NewLawOnline Case 302057301 Lawtel Ref LTL 10/6/02 (CA)
Junior counsel for Chorion Plc in these cases involving Westminster City Council’s policy on late night entertainment in the West End.

R v the Video Appeals Committee ex parte British Board of Film Classification [2000] COD 239 (Hooper J)
Junior counsel for the BBFC in this judicial review concerning “R18” video classification.

R v Brent London Borough Council (CA, Times 2 September 1997)
Junior counsel for the London Borough of Brent in the Divisional Court and Court of Appeal in a leading case on local authority finance.