Since taking Silk in 2010, Andrew has been involved in a wide variety of high-profile and substantial commercial disputes (e.g. Home Office v Raytheon), in substantial international arbitrations (e.g. one of India’s largest ever domestic arbitrations) and in acting and advising on some of the most important financial services disputes and/or issues of the day (e.g. acting successfully for 'The London Whale', and writing the ‘Green Report’ – see below). He has recently been appointed ‘Specialist Adviser’ to the Treasury Select Committee, and has been commissioned to produce a report for the Committee on ‘Maxwellisation’ (see below). 

Public Reports

  • The ‘Green Report’. Andrew is the author of the “Report into the FSA’s enforcement actions following the failure of HBOS” (sometimes known as ‘the Green report’), published on 19 November 2015 (alongside a report entitled “The failure of HBOS plc (HBOS)”). Following publication of the Report, Andrew appeared before the Treasury Select Committee.
  • ‘Maxwellisation Report’. Andrew was retained by the Treasury Select Committee in March 2016 to produce a report on Maxwellisation.  

Treasury Select Committee

Andrew has been appointed ‘Specialist Adviser’ to the Treasury Select Committee to provide the Committee with advice on an on-going basis. 

Legal Directories

Andrew is commended in multiple sections in the legal directories, reflecting the fact that his practice covers an extremely wide range of commercial activity (general commercial and arbitral disputes, insurance/reinsurance, financial services, banking, sport, media & entertainment and art disputes). He is ranked as a leading silk in:

Chambers UK 2016

  • Financial Services - "Extremely bright, analytical and ferocious in cross-examination. An all-round star; clients are in safe hands." "He has an ability to speak knowledgeably and confidently about expectations surrounding a case." 
  • Insurance & Reinsurance - "Has the ability to be aggressive when needed but only when appropriate; he is a compelling advocate and a pleasure to work with."
  • International Arbitration - "He was excellent throughout and absolutely added value. He worked well with the clients, he was commercial and easy to deal with." "He is a superb advocate with the ability to be aggressive when needed but only when appropriate."
  • Media & Entertainment - "He's very user-friendly, incredibly quick-thinking and efficient to use." "He is an absolute rottweiler and a delight to work with. He's a very, very strong advocate."
  • Sport - "He is extremely bright and analytical and ferocious in cross-examination. You know clients are in safe hands."

Legal 500 2016

  • Banking & Finance - ‘You want him on your side because you certainly don’t want him against you.
  • Commercial Litigation -  ‘Absolutely excellent; he will be one of the superstar elite in due course.
  • Insurance & Reinsurance - ‘No stranger to complex insurance and reinsurance disputes.
  • International Arbitration - ‘He is excellent in all respects and instils confidence in clients.
  • Media & Entertainment - ‘An excellent advocate who not only prepares thoroughly but can improvise on his feet.’
  • Professional Discipline - ‘An absolute legend – tenacious and very responsive.’

In 2015, Andrew was short-listed for Barrister of the Year in The Lawyer Awards, and for International Arbitration Silk of the Year in the Legal 500 Awards.  

Experience

Shortlist

Commercial

Andrew’s commercial work covers a wide range of areas, as reflected in the current and recent trial work set out below. His practice also frequently involves acting for parties on injunctive proceedings often in the context of claims for civil fraud. 

Jurisdiction Challenges/Conflicts of laws

Andrew’s cases frequently involve conflicts of laws issues, with such reported cases including Exmek Pharmaceuticals SAC v Alkem Laboratories Ltd [2015] EWHC 3158 (Comm),  Lupofresh v Sapporo [2013] EWCA Civ 948, [2012] EWHC 2013 (QB), ET Plus SA v Eurotunnel [2005] EWHC 2115 (Comm)) and Carvill v SBV [2005] EWCA Civ 645.

Cases

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Telecommunications

Andrew regularly advises and acts for companies (both claimants and defendants) in disputes relating to Telecoms & IT contracts. For example, (1) he acted in a £500m IT dispute (Home Office v Raytheon – see Arbitration); (2) he has regularly acted for and advised Vodafone; (3) he acted (2009) at trial (settled on day 4) for a claimant suing Cable & Wireless under earn-out provisions in a contract for the sale of a revolutionary MMS platform; and (4) 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”).

Shortlist

Art Disputes

Andrew 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 acted for a gallery seeking damages for non-delivery of a painting by Andy Warhol; (2) he acted in a claim relating to the attribution of a painting by Basquiat; (3) he advised a leading gallery on an attribution dispute in relation to a work by one of the great Renaissance masters; (4) he acted (2009) for a company in successfully obtaining an injunction restraining Christie’s from proceeding with an auction of the company’s antiques; (5) he 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; (6) he acted for The Royal Society in seeking to recover the “Hooke Folio” which had disappeared from the Society’s premises over 300 years ago; 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. 

Shortlist

Arbitration

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 (4th Edn Reissue) on Arbitration. He is familiar with the procedural rules of a number of arbitration organisations, including the LCIA and the ICC. He frequently acts in arbitrations with an Indian seat. He frequently acts in oil and gas disputes.

The Legal 500 Asia Pacific 2016 – Andrew is listed as a leading silk in Commercial (International Arbitration).

Cases

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Financial Services

Andrew’s status as one of the top financial services Silks is reflected in the fact that he was instructed by the FCA and PRA (and approved by the Treasury Select Committee) to conduct a review of, and produce a public report on, the FSA’s enforcement response to the failure of HBOS. Following this review, the ‘Green Report’ was published in November 2015 (see below), following which he appeared before the Treasury Select Committee (see below). Following this appearance, Andrew was appointed to act as ‘Specialist Adviser’ to the Treasury Select Committee on an ongoing basis. 

Andrew is regularly instructed by regulators, financial institutions and private individuals on a wide range of financial services issues, with particular emphasis on enforcement actions brought by financial regulators (including some of the highest profile market abuse cases). He has also been particularly involved in recent years in high-profile litigation, and advice, on collective investment schemes.

Cases

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Insurance & Reinsurance

Andrew has considerable experience of insurance and reinsurance work both in the commercial court and in arbitration (domestically and internationally), and has been involved in a number of important cases in this area (see 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. 

Cases

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Sport

Andrew has regularly acted for and against teams, sportsmen, agents, and regulators in various different sports, including rugby, football, Formula 1, motor cycle racing and cricket.

Cases

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Media & Entertainment

Andrew is instructed by the top specialist media and entertainment solicitors, and has considerable experience acting for and against artists, recording companies, and publishing companies. 

Cases

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Achievements

Awards

  • The Lawyer Awards 2015 - Andrew was nominated for Barrister of the Year.
  • Legal 500 Awards 2015 - Andrew was nominated for International Arbitration Silk of the Year.

Selected earlier reported cases

Commercial

  • HSBC & Other Banks v Madame Sana & others (2011)
  • Surgicraft Ltd v Paradigm Biodevices Inc. [2010] EWHC 1291 (Ch)
  • Sheikh Abdullah v Michael Jackson (2009) 
  • BLP v B&Q (2009) 
  • Prince Jefri & Madame Salma v Derbyshire & Others (2009)

Arbitration

  • In the Matter of an Indian Arbitration (2010-2011)
  • Acted (2010) for AXA in a series of arbitrations against XL arising out of the collapse of the Argentine economy in 2002. 
  • FSA v Vukelic (2009)
  • AXA Re v ACE Global Markets Ltd [2006] EWHC 216 (Comm) 
  • Hesham Amin Hamza El Nasharty v J Sainsburys Plc [2003] EWHC 2195 (Comm)

Financial Services

  • FSA v Greenlight/David Einhorn (2011)
  • FSA v Osborne (2011)
  • FSA v Ten Holter (2011)
  • HSBC & Other Banks v Madame Sana & others (2011)
  • FSA v Sachin Karpe (2010) 
  • FSA v Vukelic (financial reinsurance) [2009] FSMT 

Insurance & Reinsurance

  • AXA Re v ACE Global Markets Ltd [2006] EWHC 216 (Comm)
  • Carvill v SBV [2005] EWCA Civ 645
  • Mander v Equitas [2000] CLC 901
  • Kennecott Utah Copper Corporation v Cornhill Insurance Plc [2000] Lloyd's Rep. IR 179 QBD (Com. Ct.)
  • Groupama Navigation et Transports & Others v Catatumbo C.A.Seguros [2000] 1 Lloyd’s Rep 266
  • FIGRE v Mander [1999] Lloyd's Rep. 193 QBD (Com. Ct.)
  • J.A.Chapman & Co.Ltd v Chios Breeze Marine Co [1998] Lloyd’s Law Reports: Insurance & Reinsurance p377 (CA)
  • Judd v Merrett [1997] Lloyd's Rep. IR 21 (CA)
  • Toomey v Eagle (No2) [1995] 2 Lloyd's Rep. 88
  • Toomey v Eagle Star (No1) [1994] 1 Lloyd’s Rep. 516 (CA)

Sport

  • RFU v Maidstone RFC (2011)
  • UKA Selection Appeal Panel (2010)
  • Everton v Gosling (2010) 
  • RFU v Brendan Venter (2010) 
  • Celtic Rugby v Ospreys (2010)
  • RFU v Lipman, Crockett & Higgins (2009)
  • Hilton v NISA (2009) 
  • Carlos Tevez v West Ham United Football Club Plc (2007) 
  • Gabriel Heinze v Manchester United Football Club (2007)
  • De Lucas v Chelsea FC (2006)
  • Premier Rugby Ltd and others v Rugby Football Union and others [2006] All ER (D) 412
  • Lichtenstein v Clube Atletico Mineiro [2005] EWHC 1300
  • Carlton & Granada v The Football League [2002] EWHC 1650 (Comm)
  • Modahl v The British Athletic Federation [2001] 1 WLR 1191, [2001] EWCA Civ 1447

Media & Entertainment

  • Sheikh Abdullah v Michael Jackson (2009) 
  • McPhail & Others v Bourne & Others (2009)
  • Alan Lancaster v Mercury Records Ltd (2008) 
  • Red Alert Music Promotions Ltd v MacManamon [2007] All ER (D) 397 (Mar) 
  • BBC Worldwide v Bee Load [2007] EWHC 134 (Comm) 
  • Experience Hendrix v PPX Inc [2003] EWCA Civ 323; [2003] 1 All E.R. (Comm) 830 
  • Lennox Lewis v Eliades [2005] EWHC 2966 (QB) 

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