Andrew Scott

Called to Bar:
2010
Practice areas:
Degrees:
BA (Oxon.) First Class, BCL (Oxon., Vinerian Scholar) Distinction, DPhil (Oxon.), BVC (Outstanding)
Languages:
French (working knowledge)

Andrew accepts instructions in each of Chambers’ areas of practice, and in particular commercial, competition, and regulatory law.

Andrew is recommended in Legal 500 2013 in the Telecommunications field.

Much of Andrew’s practice involves cases with international aspects. Before becoming a barrister, Andrew was a Fellow of All Souls College, Oxford, his research focusing on private international law, and in particular jurisdiction and choice of law in commercial litigation.

Commercial

Andrew is frequently instructed on commercial cases, both as sole counsel and led. He has appeared in all divisions of the High Court, and has experience of a wide range of interlocutory proceedings, including those involving freezing orders, summary judgment, and service out of the jurisdiction. In addition to a wide range of general commercial work, Andrew’s practice covers more specialist areas such as private international law, commercial arbitration, reinsurance and insurance.

Andrew frequently advises on commercial disputes, and in particular questions of jurisdiction, applicable law, the enforceability of foreign judgments and other orders, and interim relief in cross-border cases.

Current and recent work

  • Otkritie International Investment Management Ltd & ors v Urumov & ors (Commercial Court, ongoing)
    Acting for the principal defendants, being two traders, their wives and companies, resisting a claim for approximately US$180 million. The claimants, companies in the Otkritie Group (one of the largest financial service providers in Russia) allege conspiracy to defraud in connection with sign on fees, and trades in Argentine securities (with Andrew Green QC and Robert Weekes).
  • Sibir Energy plc & ors v Tchigirinski & ors (Court of Appeal, 2012)
    Acting for the claimant oil company, which is seeking to recover approximately US$400 million misappropriated monies, in response to an appeal against HHJ Mackie QC’s decision on jurisdiction over co-defendants under Article 6(1) of the Brussels I Regulation ([2012]  EWHC 1844 (QB)) (with Andrew Hunter QC).
  • Hertel & ors v IEC Europetrol plc & ors (Chancery Division, ongoing)
    Acting for the defendants in this dispute about ownership of intellectual property in respect of oil extraction processes (with Robert Howe QC).
  • Macdonald v Esson (Commercial Court, ongoing)
    Acting for the claimant in this substantial claim arising from the sale of an oil company (with Andrew Hunter QC).
  • Lindum Construction Company Ltd & ors v OFT (Chancery Division, ongoing)
    Acting for the claimants in a claim to recover, in reliance on the Woolwich principle, penalties unlawfully imposed by the OFT (with Thomas de la Mare QC).
  • SMI Group Ltd v IB Consultancy BV & ors (Chancery Division, ongoing)
    Acting for the claimant in this claim against defendants outside the jurisdiction for injunctive and other relief in respect of misuse of confidential information, and infringement of database rights (with Robert Howe QC). 
  • Re enforcement of orders of the United States Securities and Exchange Commission (ongoing)
    Advising in relation to the enforcement in England of SEC orders.
  • Re proceedings to enforce an English jurisdiction clause (ongoing)
    Advising an English-regulated firm in relation to English law claims to restrain the inducement of former clients to breach English exclusive jurisdiction clauses (with Thomas de la Mare QC).
  • Graiseley  Properties Ltd & ors v Barclays Bank plc [2013] EWHC 67 (Comm)
    Acting for various individuals in an application for measures to preserve their anonymity in proceedings concerned with alleged manipulation of LIBOR (with Lord Pannick QC).
  • Porton Capital Limited & anor v Furber-Smith (QBD, 2012)
    Acting for a UAE-based defendant successfully resisting the continuation of a worldwide injunction on jurisdictional grounds (with Thomas Croxford).
  • National Asset Loan Management Limited v Grehan (QBD, 2011-2012)
    Acting for the defendant responding to applications for freezing orders and ancillary relief to enforce an Irish judgment (with Ian Mill QC).
  • Fire Factors International Limited v Lion Apparel Systems Ltd (High Court, Norwich District Registry, 2012)
    Acting for the defendant resisting claims under invoices, and counterclaiming in respect of commission paid.
  • Metavante Technologies Ltd v Dawnwest Ltd t/a Chequpoint (County Court, 2012)
    Acting for the claimant on an application for summary judgment on its claim in respect of unpaid invoices.
  • MacFoy v BMW Financial Services Ltd (GB) Ltd & anor (County Court, 2012)
    Acting for the defendant, successfully resisting a claim for breach of warranty.

Domestic and International Arbitration

Since commencing practice, Andrew has had significant experience of high-value domestic and international arbitration, in particular in the field of insurance.

Current and recent work

  • [Insured confidential] v [Insurer confidential] (London arbitration, ongoing)
    Acting for an insured in substantial Bermuda Form arbitrations (with Andrew Hunter QC)
  • [Confidential] v [Confidential] (Indian arbitration, under ICC Rules)
    Acting for a manufacturer defending a claim for approximately US$40 million brought by distributor (with Andrew Green QC). In addition to assisting with written submissions, Andrew cross-examined the distributor’s principal expert witness.
  • [Confidential] v [Confidential] (London arbitration, under UNCITRAL Rules)
    Acting for a property developer against a well-known investment bank (with Andreas Gledhill).
  • [Investor confidential] v [State confidential] (ICSID Arbitration)
    Andrew is currently instructed as juge rapporteur to the Tribunal in this substantial investment treaty arbitration.
  • [Reinsured confidential] v [Reinsurer confidential] (2011) (London arbitration)
    Acted for reinsured in this substantial reinsurance claim arising out of the destruction of a US naval dockyard by Hurricane Katrina (with Andrew Hunter QC).

EU and Competition

As pupil to Kieron Beal QC and Brian Kennelly, Andrew experienced a wide range of competition law disputes. He has since received instructions both in respect of competition damages claims and various regulatory disputes.

Current and recent work

Competition damages claims

Andrew is presently instructed on several substantial damages claims arising from well-known cartels. These are pending in the High Court, and each raises novel questions of jurisdiction and applicable law:

  • Industrial Bags (with Thomas de la Mare QC)
  • Air Cargo (with Thomas de la Mare QC and Ravi Mehta)
  • Mastercard (with Kieron Beal QC and Tristan Jones)

Regulatory litigation

Notable examples of cases where Andrew has acted for or against a competition regulator include the following:

  • Lindum Construction Company Ltd & ors v OFT (Chancery Division, ongoing)
    Acting for the claimants in their claim to recover, in reliance on the Woolwich principle, penalties unlawfully imposed by the OFT (with Thomas de la Mare QC).
  • Telefónica UK Limited v Office of Communications [2012] CAT 28, [2013] CAT 3
    Acted for OFCOM successfully resisting an appeal against OFCOM’s determination concerning “flip-flopping” of termination rates by H3G and Vodafone (with Pushpinder Saini QC).
  • Re penalties imposed by OFGEM
    Advising a regulated entity regarding penalties imposed by OFGEM (with Javan Herberg QC).

As a pupil, Andrew assisted on the following regulatory cases:

  • R (Thames Water Utilities) v OFWAT [2010] EWHC (Admin)
    Challenge to OFWAT’s decision to grant an inset appointment for the King’s Cross re-development (assisting Kieron Beal QC).
  • Shell UK Ltd v OFT [2011] CAT 41
    Appeal against a Chapter I infringement decision relating to the sale of tobacco products (assisting Brian Kennelly).
  • Everything Everywhere Ltd & ors v OFCOM (Competition Commission)
    Intervention in support of OFCOM’s decision relating to setting wholesale mobile termination rates (assisting Brian Kennelly).
  • Acting for the Telecommunications Regulatory Commission of the British Virgin Islands in relation to investigation of “margin squeeze” amongst mobile operators in the Caribbean (assisting Brian Kennelly).
  • Advising a UK mobile telecommunication service provider in relation to the forthcoming “spectrum auction” (assisting Brian Kennelly).

Media and Entertainment

Andrew has acted for media and entertainment clients in a wide range of disputes. Notable examples of his current and recent work in this field include:

Current and recent work

  • Gameware Europe Ltd v (1) Sony Computer Entertainment Europe Limited; (2) System 3 Software Limited; (3) Mark Andrew Cale (Chancery Division, ongoing)
    Acting for the second and third defendant in this dispute concerning ownership and infringement of intellectual property in the well-known “James Pond” and “Creatures” computer games (with Andrew Green QC).
  • Universal Music Arts Entertainment Ltd v D’Arcangelo (QBD, 2012)
    Acting for the claimant in this claim arising from termination of an agency agreement.
  • Re a claim in respect of a movie soundtrack
    Acting for a composer in respect of claims arising from the wrongful termination of his engagement to provide the soundtrack and score for a Christmas movie.
  • Burton v The Kills Ltd (County Court, 2012)
    Acting for the band resisting a claim brought by former tour crew, which settled at the start of a trial listed for 5 days.
  • Re contract review
    Andrew was recently instructed by a major record label to assist in a review of artists’ contracts, in the course of which Andrew gained experience of a wide range of recording, management, and other music industry contracts.

Public Law and Human Rights

Andrew undertakes a broad range of public law work, including in particular cases which involve regulatory law. Andrew has advised various regulators on their public law duties, including the Financial Services Authority, the General Medical Council, the Broadcast Committee of Advertising Practice, and the General Pharmaceutical Council.

Current and recent work

  • R (Nicklinson) v MOJ & ors; R(AM) v DPP & ors [2012] EWHC 2381 (Admin)
    Acted for the GMC in successfully defending a claim for judicial review of the GMC’s policies in relation to assisted suicide, the claim raising important issues as to the scope and effects of Art. 8 ECHR (with Robert Englehart QC).
  • Telefónica UK Limited v Office of Communications [2012] CAT 28, [2013] CAT 3
    Acted for OFCOM successfully resisting an appeal against OFCOM’s determination concerning “flip-flopping” of termination rates by H3G and Vodafone (with Pushpinder Saini QC).
  • Re penalties imposed by OFGEM
    Advising a regulated entity regarding penalties imposed by OFGEM (with Javan Herberg QC).
  • Re Arch cru redress scheme
    Andrew was seconded to the Financial Services Authority for 5 months in 2012, during which time he worked on the redress scheme for Arch cru investments

During pupillage, Andrew worked on a number of cases which involved public law and human rights issues. These include cases in the following fields:

EU law

  • R (British Telecommunications plc) v Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin)
    Application for judicial review of the Digital Economy Act 2010 on EU law grounds (assisting Kieron Beal QC).
  • R (Shiner) v HMRC [2011] EWCA Civ 892
    Challenge under EU law to the retrospective nature of certain provisions of the Finance Act 2008 (assisting Kieron Beal QC).
  • R (Sinclair Collis Ltd) v Secretary of State for Health [2011] EWCA Civ 437,
    Challenge, on EU and ECHR grounds, to legislation banning tobacco vending machines (assisting Brian Kennelly).
  • R (Imperial Tobacco) v Secretary of State for Health (Administrative Court, pending)
    Challenge, on EU and ECHR grounds, to legislation banning the display of tobacco products (assisting Brian Kennelly).
  • Vale Kft v Hungary Case C-378/10 (pending before the CJEU)
    Written observations on behalf of the UK concerning the compatibility of provisions of Hungarian company law with Articles 49 and 54 TFEU (assisting Kieron Beal QC).
  • National Grid Indus BV v Netherlands Case C-371/10 (pending before the CJEU)
    Written observations on behalf of the UK concerning Netherlands final settlement tax (assisting Kieron Beal QC).

Professional discipline

  • Saverymuttu v GMC [2011] EWHC 1139 (Admin)
    For the GMC, resisting a statutory appeal against the GMC’s decision to suspend a consultant gastroenterologist for dishonesty in connection with invoicing for private medical insurance claims (assisting Catherine Callaghan).
  • R (Waghorn & anor) v GMC (2011)
    For the GMC, resisting application for judicial review of decisions of the GMC’s Interim Orders Panel (assisting Catherine Callaghan).
  • R (Hill) v Institute of Chartered Accounts in England and Wales [2012] EWHC 1731 (QB)
    For the ICAEW, resisting judicial review of a professional disciplinary decision (assisting Catherine Callaghan). The case considers the distinction between adjudicative and constitutive jurisdiction.
  • R (Coys of Kensington Automobiles Ltd) v ASAB [2012] EWHC 902 (Admin)
    For ASAB, resisting judicial review of decision taken under the BCAP Code (assisting Catherine Callaghan).
  • Acting for a BVI domiciled client in regulatory proceedings concerning its obligations under BVI financial services legislation (assisting Catherine Callaghan).
  • Advising a professional regulator on the scope of its public functions and its duties as a qualifications body for the purposes of the Equality Act 2010 (assisting Catherine Callaghan).

Other

  • R (ICO Satellite Ltd) v OFCOM [2011] EWCA Civ 1121
    For the claimant appealing against the decision of Lloyd-Jones J rejecting a challenge to OFCOM’s decision to remove a satellite filing ([2010] EWHC 2010 (Admin)) (assisting Brian Kennelly).
  • R (Child Poverty Action Group) v Secretary of State for Work and Pensions (2011, ongoing)
    For the Secretary of State in a judicial review challenge to the legality of the Government’s housing benefit reforms (assisting Catherine Callaghan).

Employment

Andrew has experience of a wide range of employment related litigation, both in the High Court and the Employment Tribunals. Andrew regularly advises, or acts, in cases involving disputes arising from cross-border employment, where questions of jurisdiction and applicable law arise.

Current and recent work

  • Porton Capital Limited & anor v Furber-Smith (QBD, 2012)
    Acting for a UAE-based defendant successfully resisting the continuation of a worldwide injunction on jurisdictional grounds (with Thomas Croxford).
  • Successfully representing a charity in a seven day trial of disability discrimination claims.
  • Successfully representing a retailer in a three day trial of race and other discrimination claims.
  • Successfully representing a retailer in a challenge to the Employment Tribunal’s territorial jurisdiction over claims brought by a UAE-based employee.
  • Successfully defending an engineering company in a one day trial of race discrimination claims.

As pupil to Jane Mulcahy, Andrew gained a wide experience of high-value employment and discrimination cases, including:

  • A 10 day trial in the employment tribunal of various harassment and sex discrimination claims brought against a Lloyd’s managing agency by its former Group Finance Director.
  • Employment Tribunal proceedings involving claims brought by a solicitor against a large city law firm in relation to flexible work arrangements.
  • Employment Tribunal proceedings involving claims of unfair and wrongful dismissal relating to bonus arrangements at a financial services firm (assisting Jane Mulcahy).

Sport

During pupillage, Andrew assisted his supervisors on a number of sports law cases before a variety of tribunals. These include:

Current and recent work

  • The Olympic stadium litigation
    Challenge to decisions relating to West Ham United’s move to the Olympic Stadium (assisting Brian Kennelly).
  • Rule K arbitrations involving disputes between professional footballers and their agents (assisting Jane Mulcahy).
  • Proceedings before the appeal board of a sports regulator concerning the legality of rules that “cap” the number of foreign nationals eligible to play in regulated competitions (assisting Andrew Hunter QC).
     

Other relevant experience

Research and Lecturing

Before coming to the Bar, Andrew was a Fellow of All Souls College, Oxford. His research addressed various topics in commercial private international law. At Oxford, Andrew was also a college tutor, teaching contract, tort, land and trusts law. He has also given graduate seminars on restitution and conflict of laws.
 
Andrew has given lectures and seminars at practitioner and academic conferences, recent topics including:

  • “The enforcement in the UK of foreign judgments obtained in breach of an arbitration clause” (London Shipping Law Centre)
  • “What is a non-contractual obligation?” (Trinity College Dublin; Max Plank Institute, Hamburg)
  • “From Samengo-Turner to Duarte” (British Institute in International and Comparative Law seminar at Herbert Smith)
  • “The litigation (and arbitration) of international employment disputes” (New York University)
  • “Characterization problems in employment disputes” (Trinity College Dublin)
  • “Synergies between the Brussels I Regulation and Rome I and II Regulations” (British Institute of International and Comparative Law)

Recent Publications

  • Réunion revised? [2008] LMCLQ 113 (case note on Case C-98/06 Freeport v Arnoldssen)
  • A Commentary on the Rome II Regulation: Choice of Law for Non-contractual Obligations [2008] LMCLQ 274 (co-written)
  • ‘The Scope of Non-Contractual Obligations’ in J Ahern and W Binchy, eds., The Rome II Regulation on the Law Applicable to Non-Contractual Obligations (Brill, Leiden, 2009)
  • Total Chaos? [2010] LMCLQ 536 (case note on Shell UK Ltd v Total Ltd [2010] EWCA Civ 180, co-written)
  • ‘The territorial scope of British employment legislation’ [2010] LMCLQ 640
    ‘International private law’, in International Maritime and Commercial Law Yearbook, 2009- (co-written)
  • ‘Decisions of British Courts during involving questions of private international law’ in British Yearbook of International Law, 2010 - date (co-written)
  • Andrew was on the advisory group which assisted Professor Andrew Burrows in producing A Restatement of the English Law of Unjust Enrichment  (OUP, 2012)

Prizes and Scholarships

  • Eldon Scholarship (most promising graduate of Oxford University intending to practise at the Bar, 2009)
  • Vinerian Scholarship (best performance in the BCL)
  • Oxford University Examination Prizes (restitution, jurisprudence and political theory, contract law, constitutional Law)

Other Information

VAT registration number:  120638737