Andrew Scott

During pupillage, Andrew was involved in a wide range of commercial cases and hearings, including in the Commercial Court and the Chancery Division. These included:

• Group Lotus plc v 1Malaysia Racing Team SDN BHD [2011] EWHC 1366 (Ch) (2011, ongoing)
  Trial of claims in respect of trade mark infringement and passing off arising from use of the “Lotus” name and marks (assisting Brian Kennelly).
• Masri v Consolidated Contractors Company and others (2010, ongoing)
  Contempt of court proceedings in the long-running dispute between Munib Masri and the Consolidated Contractors group of companies (assisting Andrew Hunter).
• The Madoff Litigation
  Resisting application to challenge English jurisdiction over claims brought by the trustee in bankruptcy of Bernard Madoff’s former company against alleged participants in his fraud, raising novel issues under Art. 6(1) of the Brussels I Regulation (assisting Pushpinder Saini QC).
• Ministry of Sound v British Telecommunications plc
  Resisting application for Norwich Pharmacal relief to require an ISP to disclose details of subscribers accused of copyright infringement (assisting Kieron Beal).
• R (Totel) v HMRC [2011] EWHC 652 (Admin)
  Judicial review of legislation abrogating the right to appeal to the Upper Tribunal from a hardship decision ancillary to a VAT appeal (assisting Kieron Beal).
• On-going contractual claims arising in connection with the development of a substantial infrastructure project in Jordan (assisting Brian Kennelly).
• Acting for an internet bookmaker in claims to recover gambling debts (assisting Brian Kennelly).
• Advising an LLP in relation to claims arising from expulsion of a partner (assisting Kieron Beal).

As a pupil, Andrew gained a broad range of experience in EU and competition law matters before both domestic courts, the CJEU, and regulators.

EU

• 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).
• R (Shiner) v HMRC [2011] EWCA Civ 892
  A challenge under EU law to the retrospective nature of certain provisions of the Finance Act 2008 (assisting Kieron Beal).
• 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.
• 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.

Competition

• 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).
• Shell UK Ltd v OFT (Competition Appeal Tribunal, pending)
  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, pending)
  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).

During pupillage, Andrew worked on a number of cases involving public law and human rights issues. These include:

• Paulet v United Kingdom (ECtHR, pending)
  Written observations for the UK Government concerning the proportionality of a confiscation order (assisting Kieron Beal).
• R (ICO Satellite Ltd) v OFCOM (Court of Appeal, judgment pending)
  Appeal 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).
• 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.
• Acting for the Advertising Standards Agency resisting judicial review of decisions 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).

During pupillage, Andrew gained a wide experience of 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 (assisting Jane Mulcahy).
• Employment tribunal proceedings involving claims brought by a solicitor against a large city law firm in relation to flexible work arrangements (assisting Jane Mulcahy).
• Employment tribunal proceedings involving claims of unfair and wrongful dismissal relating to bonus arrangements at a financial services firm (assisting Jane Mulcahy).

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

• 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).

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- (co-written)

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