Since taking Silk in 2010, Andrew has been involved in a wide variety of high-profile and substantial commercial disputes (e.g. The Ingenious Litigation), in substantial international arbitrations (e.g. Home Office v Raytheon) 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). In April 2016, he was appointed ‘Specialist Adviser’ to the Treasury Select Committee, and was commissioned to produce a report for the Committee on ‘Maxwellisation’ (see below); and, following the general election, in October 2017 he was again appointed 'Specialist Adviser' to the Committee for that session of Parliament. 

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.

LEGAL DIRECTORIES 

Andrew is recommended in multiple sections in the legal directories, reflecting the fact that his practice covers a wide range of commercial activity (general commercial and arbitral disputes, insurance/reinsurance, financial services, banking, sport, media & entertainment and art disputes). In December 2018, Andrew was shortlisted by The Legal 500 for Commercial Litigation Silk of the Year (having been short-listed, in 2015, for Barrister of the Year in The Lawyer Awards and for International Arbitration Silk of the Year in the Legal 500 Awards).

He is currently ranked as a leading silk in:

Chambers UK 2021

  • Commercial Litigation – ‘An excellent cross-examiner, particularly when it comes to damaging the credibility of opposing witnesses, who is very strategic in his approach.’ ‘He’s exceptionally commercial and his advocacy is meticulously thought out.’
  • Financial Services – ‘He is very no-nonsense, practical and a good cross-examiner.’ ‘We were very happy with him indeed: he was very good on his feet, a very effective advocate, and very tactically astute and robust.’
  • International Arbitration – 'Technically able, very commercially astute and user-friendly with clients.’
  • Sport – ‘On his feet he is superb, and he knows precisely how to pursue a case. I really like working with him.’

Legal 500 2021

  • Banking & Finance - ‘An excellent advocate and cross-examiner.’
  • Commercial Litigation -'Top choice whenever it is crucial to undermine the credibility of a key witness.’
  • Financial Services -'An excellent advocate, extremely user friendly, responsive and good to work with.'
  • International Arbitration - 'Excellent at understanding which are the important issues and what the tribunal will care most about.’
  • Media & Entertainment - ‘He is a superb advocate but also very commercial and practical in his advice.’
  • Sport - ‘He has a track record of sports regulatory work.'

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

Grid view
List view
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

Grid view
List view
Shortlist

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.

In the last few years, Andrew has advised in relation to various Takeover Panel investigations. 

Cases

Grid view
List view
Shortlist

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. 

In addition to the cases below, he is currently (1) acting in arbitration proceedings for a substantial financial services provider in a £500m claim against a bank arising from the alleged mis-sale of payment protection insurance; (2) advising a number of high-profile sports teams on substantial business interruption claims against insurers; and (3) advising on issues such as the aggregation of claims under reinsurance policies.

Cases

Grid view
List view
Shortlist

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

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

Grid view
List view
Shortlist

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

Grid view
List view
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. 

Cases

Grid view
List view

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) 

News

VAT registration number: 524108185

Barristers regulated by the Bar Standards Board

Clerks

Staff