Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Andrew's practice is focussed on heavy commercial litigation and international arbitration. He is commonly instructed in complex and high-value disputes, which often raise issues of private international law and involve coordinated proceedings across several jurisdictions. He is also instructed in offshore proceedings, including before the courts of the Cayman Islands, the BVI and the Dubai International Financial Centre. He has full rights of audience before the DIFC Courts and has been admitted as an Australian Legal Practitioner since 2012.
Andrew has been instructed in one or more of the cases featured in The Lawyer's Top 20 Cases for each of 2017, 2018, 2019, 2020 and 2022. He is ranked as a "Rising Star" by Legal 500 and "Up and Coming" by Chambers and Partners. Recent comments include:
Before coming to the Bar, Andrew was an Associate in the commercial litigation and arbitration group at White & Case LLP, where he acted on a range of commercial matters in the banking, energy and construction sectors across Europe, Africa, the Middle East and the CIS. Prior to that he was Associate to the Hon Robert French AC, then Chief Justice of the High Court of Australia. He has taught company law and evidence at the Australian National University and his research has been published in leading English and Australian academic journals.
Andrew's practice encompasses a broad range of commercial claims in the Commercial Court and Chancery Division. He draws on his experience as a commercial disputes solicitor at White & Case LLP, where he was involved in matters across the banking, oil & gas and construction industries.
Acting for management shareholders in parallel proceedings in the Cayman Islands and BVI resisting winding up petitions brought on just and equitable grounds against three investment fund companies. The petitioners contend that serious misconduct (including misuse of assets, fraud and charging of unlawful fees) occurred in relation to four funds in which in excess of $500 million have been invested. The case has also involved various interlocutory applications including pending heavy applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the funds. The litigation involves parallel proceedings in England and LCIA arbitration. The six-week trial in the Cayman Islands was held in the Cayman Islands in 2023 (with Michael Bloch KC, Andrew Hunter KC, Tom Weisselberg KC, Victoria Windle KC, Tom Richards KC, Tom Mountford, Timothy Lau, Marlena Valles and Ava Mayer)
Acting for the 20th defendant to a claim by PIFSS, a public institution authorised to operate the State of Kuwait's social-security system and pension scheme. The claim concerns bribes alleged to have been paid by various financial institutions and intermediaries. The payments are said to have been paid over a period of approximately 20 years, in a total amount exceeding US$840 million. The case was featured as one of The Lawyer’s Top 20 cases of 2020 (with Robert Anderson KC).
Acting for UBS in a claim brought by FDIC (as receiver for failed US depositary institutions) against several major international banks, relating to the alleged manipulation of the USD LIBOR benchmark between 2007 and 2009 (with Brian Kennelly KC and Paul Luckhurst)
Acting for the second defendant seeking to intervene to oppose a claim by the purported ultimate beneficial owner of shares in a £200 million fund to rectify the shareholder register; the claim is part of wider cross-border litigation between the investor and fund manager (with Andrew Hunter KC and Marlena Valles)
Advising an international insurance broker in relation to litigation arising from the collapse of Greensill Capital in 2021; a related insurance dispute is being litigated before the Federal Court of Australia (with Andrew Scott KC)
Acting for Royal Mail in a Supreme Court appeal arising out of group litigation comprising hundreds of claims worth c.£500 million. The claims concern VAT chargeable on postal services since the UK's entry into the EU in the 1970s. The appeal to the Supreme Court is against a decision on preliminary issues ([2021] EWCA Civ 1173) concerning the application of limitation periods by analogy to a claim for an injunction under s.36(1) of the Limitation Act 1980 (with Javan Herberg KC and Emily Neill)
Acting for the Defendants in a $180 million claim in the Courts of the British Virgin Islands and the Dubai International Financial Centre concerning the enforcement of a Sharjah judgment, resisted on the basis that the Sharjah judgment was obtained by fraud. The proceedings have involved a jurisdiction challenge and application to discharge a worldwide freezing order in the DIFC on the basis of material non-disclosure. The WFO has been successfully discharged; the BVI enforcement proceedings are ongoing (with Anthony Peto KC)
Acting for Glencore in connection with a c.$60 million claim in debt and breach of contract against a Ghanaian purchaser of petroleum products
Acting for the Defendants to an unfair prejudice petition arising out of the redevelopment of Witanhurst Mansion, a 1930s Georgian Revival mansion, the second-largest private residence in London after Buckingham Palace (with Andreas Gledhill KC)
Acting for an English mining company and its director in a dispute over the authority of purported representatives of its Turkish parent company, following the alleged expropriation of Turkish companies worth c.$5-6bn by the Turkish State. Acted in various interlocutory applications including for service out of the jurisdiction and injunctive relief in relation to a substantial North American mining project. The case raises issues of company law, recognition of foreign judgments, and the indirect enforcement of foreign penal laws (with Michael Bloch KC and Andrew Scott KC)
Advising the Defendant to a $16 million claim in respect of the refinancing of a private jet, arising in the context of the high-profile divorce of a Russian businessman; successful at trial and on appeal in the Isle of Man, with the claim and appeal dismissed in full, currently pending before the Privy Council (as sole English counsel, assisting Manx advocate)
Acting for the Respondents in a c.€100m dispute between shareholders of a mining company in Sub-Saharan Africa, and a claim against its director and shareholder under a guarantee (with Andrew Green KC and Peter Head).
Acting for the Defendants in c.$122 million claims for fraudulent misrepresentation and unlawful means conspiracy, and other Moroccan law claims, arising out of the insolvency of a Moroccan oil and gas company alleged to have been unlawfully expropriated by the Moroccan State (with Andrew Scott KC)
Acting for Claimants in a US$1-2 billion claim for a fraudulent conspiracy to deprive a Thai entrepreneur of a majority interest in the leading renewable energy company in Thailand, including applications for freezing injunctions, permission to serve out of the jurisdiction and other interim relief. The claim involves 17 defendants, parallel ICC arbitrations and ancillary proceedings in the BVI, Belize, Hong Kong and Singapore. The case is one of The Lawyer's Top 20 cases of 2022 (with Anthony Peto KC, Robert Howe KC, Victoria Windle, Peter Head and Shane Sibbel).
Acting for the claimant bank in a Part 8 claim for injunctive and other relief under s.25 of the Civil Jurisdiction and Judgments Act 1982 against two high-net worth Emirati individuals connected with the Abu Dhabi royal family, and with the collapse of NMC Healthcare group, a substantial UAE healthcare provider. The relief was obtained in support of substantive claims in UAE proceedings for c.£200 million (with Robert Anderson KC and Harry Adamson)
Acting for several Defendants to claims for over $280 million for fraudulent misrepresentation and unlawful means conspiracy, arising out of the alleged forgery of warehouse receipts relating to nickel traded in a series of transactions between entities in Singapore, Hong Kong, the UK and Australia (with Andrew Scott KC)
Acting for the First Defendant in a $700m+ claim for deceit and unlawful means conspiracy and claims under Monegasque and Panamanian law (with Leona Powell)
Acting for Russian individuals in a multimillion dollar claim against the promoter of a failed investment scheme (with Tony Peto KC)
Acting for the Claimant financier in c.£20 million claims for breach by Carphone Warehouse of its obligations to market and use reasonable endeavours to promote certain finance products, and concerning the exercise of its contractual discretion in relation to the pricing of those products (with Robert Howe KC)
Acting for the First Defendant in claims for £2.3 billion arising out of the collapse of a Russian bank, including by alleged misappropriation of funds by sham loans and transactions, and in various interlocutory applications and an appeal in relation to the appropriate living expenses allowance under a worldwide freezing order (with Robert Anderson KC, Tom Richards and Celia Rooney)
Acting for a group of investors in a multi-million pound fraud claim against the promoters of the ‘Ingenious Group’ film and video game investment schemes and other intermediaries who recommended the schemes, following decisions of HMRC to deny c.£620m tax relief, upheld by the First-Tier Tribunal: see [2016] UKFTT 521 (TC), [2017] UKFTT 429 (TC). One of The Lawyer's Top 20 cases of 2018 and 2022 (with Robert Anderson QC and Tom Mountford).
Advising a finance company on a c.$5m prospective claim for fraudulent misrepresentation and dishonest assistance in breach of trust, including for search and freezing orders (with Andrew Scott KC)
Advising AXA in connection with claims for c.£265 million under an SPA relating to historic PPI mis-selling from the vendor of subsidiary insurance businesses (with Andrew Green KC and Fraser Campbell)
Acting for Defendants in a dispute concerning beneficial ownership of Cayman and Nevis investment funds valued at over $700 million, and the alleged misappropriation of $140 million. The dispute involved a parallel arbitration in Hong Kong, and proceedings in Nevis and the Cayman Islands (with Shaheed Fatima KC)
Acting for Ofcom in four related Part 8 Claims, and appeals to the Court of Appeal, in respect of over £200 million in licence fees levied under regulations held to be ultra vires, concerning counterfactual defences to Woolwich claims in unjust enrichment (with Tom Weisselberg KC and Ajay Ratan).
Acting for UBS in connection with three New York class actions against 11 international investment banks alleged to have engaged in an antitrust conspiracy to restrict trading in the multi-trillion dollar interest rate swap market between 2008 and 2016, in applying for examination and production of documents from UK-based witnesses under s 2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 (with Andrew Hunter KC)
Acting for Hewlett Packard in claims for trade mark infringement in relation to parallel imports, and inducing breach of contract and unlawful means conspiracy, including obtaining a search and disk imaging order in support of those claims (with Robert Howe KC)
Acting for the Claimant companies in claims against their former auditors and advisers for dishonest assistance in breach of trust, unlawful means conspiracy and professional negligence in connection with the declaration of a fraudulent £11m dividend and misappropriation of various properties in California, Cyprus and Israel by the companies' former director and ultimate beneficial owner (with Robert Anderson KC and Harry Adamson)
Acting for the Claimant companies (all in liquidation) in an £11m+ claim for fraudulent breach of fiduciary duty against their former director, fiduciary and ultimate shareholder. Successful at trial before Fancourt J, who found that the Defendant acted dishonestly by purporting to transfer to herself the beneficial interest in properties which she had held on trust for the Claimants, and awarded costs of the action on the indemnity basis. The matter raised questions regarding the scope of the Duomatic principle. Successfully opposed permission to appeal (with Robert Anderson KC and Harry Adamson).
Advising multichannel broadcaster UKTV (jointly owned by BBC Studios and Discovery Inc) in connection with its advertising arrangements with Channel 4 (with Ian Mill KC)
Acting for the Respondent former Goldman Sachs senior executive in an application for examination under s 2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 in aid of a New York class action concerning the manipulation of the $5tn-per-day international FX market, brought against 16 international banks (15 of which settled for >$2.3bn) (with Andrew Hunter KC).
Applications arising out of a $1.5 billion lawsuit concerning fraud, intimidation and bribery in connection with transactions entered into by Libya’s sovereign wealth fund under the Gaddafi regime. One of The Lawyer's Top 20 cases of 2017 (with Tom Richards).
Acting for the Claimant in claims for damages and an indemnity in respect of an LCIA award obtained by a fraudulent claim and leading false evidence, as part of a larger fraudulent scheme to deprive the claimant of the beneficial interest in highly valuable property in Moscow (with Tony Peto KC and Rob Weekes KC).
Acting unled for the Claimant in relation to prospective claims for defamation and malicious falsehood arising out of statements made on social media regarding allegations of serious and/or gang-related criminal activity in Vietnam.
Acting for the Defendant and Part 20 Claimant in claims between HSBC and alleged guarantors, raising issues of undue influence, fraudulent misrepresentation, unjust enrichment, and validity of execution under the Law of Property (Miscellaneous Provisions) Act 1989.
€200 million claim for breach of warranties in the sale by Nokia Corporation of the ‘Vertu’ luxury mobile phones business and counterclaim for conspiracy to defraud; Appeal regarding costs thrown away and whether allegations of fraud went only to credit or had to be pleaded (assisting Andrew Green KC and Robert Weekes).
Acting for the Claimant in claims arising out of an elaborate fraudulent scheme to deprive its beneficial owner of highly valuable shares in a Russian company (with Tony Peto KC and Rob Weekes KC).
$800m+ claim in the BVI Commercial Court concerning a joint venture in relation to various power generation and distribution assets in Russia (assisting Pushpinder Saini KC and Robert Weekes).
Claim for deceit and breach of warranty relating to a sale and purchase of a pharmaceutical company (assisting Robert Weekes).
£700m claim for deceit against Barclays Bank Plc arising out of the Bank’s recapitalisation at the height of the financial crisis in 2008 (assisting Robert Weekes).
Claim by mobile network operator arising out of the provision of facilities for carrying 3G traffic, known as ‘free carriers’ (assisting Robert Weekes).
Andrew is frequently instructed in high value multi-jurisdictional fraud disputes, including matters involving search orders, imaging orders and freezing orders in England and abroad, and committal for contempt.
As a solicitor, Andrew acted for the Russian Federation in relation to the rigged loans-for-shares auctions of state-owned assets, and an African State in a dispute over bribery in public works. He also draws on his experience defending criminal fraud charges in Australia, including on behalf of a senior executive of the Reserve Bank of Australia charged with bribery of foreign officials, and a Victorian Senator called before a Royal Commission in connection with alleged misuse of funds.
“Frighteningly intelligent”
Chambers UK, 2023
“A 'rising star'”
Legal 500, 2023
“User-friendly and produces an exceptional work product”
Chambers UK, 2023
“Incredibly hard working, always available, produces excellent written work very quickly, thorough”
Legal 500, 2023
“Clever and very hard working”
Legal 500, 2022
“Commercial and incredibly hard-working”
Chambers UK, 2023
“Drafts the most amazing documents”
Chambers UK, 2023
“His written work is excellent”
Legal 500, 2022
“He turns work around very quickly and provides clear, sensible and pragmatic advice”
Legal 500, 2022
Acting for the 20th defendant to a claim by PIFSS, a public institution authorised to operate the State of Kuwait's social-security system and pension scheme. The claim concerns bribes alleged to have been paid by various financial institutions and intermediaries. The payments are said to have been paid over a period of approximately 20 years, in a total amount exceeding US$840 million. The case was featured as one of The Lawyer’s Top 20 cases of 2020 (with Robert Anderson KC).
Acting for the Commercial Bank of Dubai and other claimants against members of a wealthy Emirati family and companies alleged to be owned or controlled by them in respect of claims for an unlawful means conspiracy and other economic torts, and to enforce a foreign judgment. Obtained a worldwide freezing injunction in respect of assets up to c.£78 million, orders for delivery up and imaging of computers, orders for delivery up of registration documents and/or keys of certain luxury vehicles, related Norwich Pharmacal relief against third parties, and applications for sanctions for contempt of court (with Anthony Peto KC)
Acting for the First Defendant in a $700m+ claim for deceit and unlawful means conspiracy and claims under Monegasque and Panamanian law (with Leona Powell)
Acting for Claimants in a US$1-2 billion claim for a fraudulent conspiracy to deprive a Thai entrepreneur of a majority interest in the leading renewable energy company in Thailand, including applications for freezing injunctions, permission to serve out of the jurisdiction and other interim relief. The claim involves 17 defendants, parallel ICC arbitrations and ancillary proceedings in the BVI, Belize, Hong Kong and Singapore. The case is one of The Lawyer's Top 20 cases of 2022 (with Anthony Peto KC, Robert Howe KC, Victoria Windle, Peter Head and Shane Sibbel).
Acting for the Defendants in a $180 million claim in the Courts of the British Virgin Islands and the Dubai International Financial Centre concerning the enforcement of a Sharjah judgment, resisted on the basis that the Sharjah judgment was obtained by fraud. The proceedings have involved a jurisdiction challenge and application to discharge a worldwide freezing order in the DIFC on the basis of material non-disclosure. The WFO has been successfully discharged; the BVI enforcement proceedings are ongoing (with Anthony Peto KC)
Acting for the Defendants in c.$122 million claims for fraudulent misrepresentation and unlawful means conspiracy, and other Moroccan law claims, arising out of the insolvency of a Moroccan oil and gas company alleged to have been unlawfully expropriated by the Moroccan State (with Andrew Scott KC)
Acting for several Defendants to claims for over $280 million for fraudulent misrepresentation and unlawful means conspiracy, arising out of the alleged forgery of warehouse receipts relating to nickel traded in a series of transactions between entities in Singapore, Hong Kong, the UK and Australia (with Andrew Scott KC)
Acting for the claimant bank in a Part 8 claim for injunctive and other relief under s.25 of the Civil Jurisdiction and Judgments Act 1982 against two high-net worth Emirati individuals connected with the Abu Dhabi royal family, and with the collapse of NMC Healthcare group, a substantial UAE healthcare provider. The relief was obtained in support of substantive claims in UAE proceedings for c.£200 million (with Robert Anderson KC and Harry Adamson)
Acting for the First Defendant in claims for £2.3 billion arising out of the collapse of a Russian bank, including by alleged misappropriation of funds by sham loans and transactions, and in various interlocutory applications and an appeal in relation to the appropriate living expenses allowance under a worldwide freezing order (with Robert Anderson KC, Tom Richards and Celia Rooney)
Acting for Russian individuals in a multimillion dollar claim against the promoter of a failed investment scheme (with Tony Peto KC)
Acting for a group of investors in a multi-million pound fraud claim against the promoters of the ‘Ingenious Group’ film and video game investment schemes and other intermediaries who recommended the schemes, following decisions of HMRC to deny c.£620m tax relief, upheld by the First-Tier Tribunal: see [2016] UKFTT 521 (TC), [2017] UKFTT 429 (TC). One of The Lawyer's Top 20 cases of 2018 and 2022 (with Robert Anderson QC and Tom Mountford).
Advising a finance company on a c.$5m prospective claim for fraudulent misrepresentation and dishonest assistance in breach of trust, including for search and freezing orders (with Andrew Scott KC)
Acting for the Claimant companies (all in liquidation) in an £11m+ claim for fraudulent breach of fiduciary duty against their former director, fiduciary and ultimate shareholder. Successful at trial before Fancourt J, who found that the Defendant acted dishonestly by purporting to transfer to herself the beneficial interest in properties which she had held on trust for the Claimants, and awarded costs of the action on the indemnity basis. The matter raised questions regarding the scope of the Duomatic principle. Successfully opposed permission to appeal (with Robert Anderson KC and Harry Adamson).
Acting for the Claimant companies in claims against their former auditors and advisers for dishonest assistance in breach of trust, unlawful means conspiracy and professional negligence in connection with the declaration of a fraudulent £11m dividend and misappropriation of various properties in California, Cyprus and Israel by the companies' former director and ultimate beneficial owner (with Robert Anderson KC and Harry Adamson)
Acting (as sole counsel) for the First Defendant to claims arising out of an alleged fraudulent conspiracy concerning the 'Rice Portrait', said to be a rare and valuable portrait of Jane Austen
Acting for the Claimant in claims arising out of an elaborate fraudulent scheme to deprive its beneficial owner of highly valuable shares in a Russian company (with Tony Peto KC and Rob Weekes KC).
Applications arising out of a $1.5 billion lawsuit concerning fraud, intimidation and bribery in connection with transactions entered into by Libya’s sovereign wealth fund under the Gaddafi regime. One of The Lawyer's Top 20 cases of 2017 (with Tom Richards).
$17.5m claim for conspiracy to defraud arising out of contracts for the supply of computer servers; Mr Sage was committed to prison for 18 months for breaches of freezing and search orders, reduced to 12 months on appeal (assisting Anthony Peto KC and Robert Weekes).
Proceedings arising out of the $64bn Ponzi scheme operated by Bernard Madoff (assisting Robert Weekes).
£700m claim for deceit against Barclays Bank Plc arising out of the Bank’s recapitalisation at the height of the financial crisis in 2008 (assisting Robert Weekes).
Andrew has worked on a number of arbitrations under the LCIA and ICC Rules. He has also been involved in the enforcement of arbitral awards and anti-suit and anti-enforcement injunctions in aid of arbitral proceedings.
His experience of international arbitration as a solicitor includes:
These LCIA proceedings in respect of substantial wealth management fees form part of a broader commercial dispute arising out of the investment of approx $500 million in offshore funds. The wider dispute involves a further LCIA arbitration, Commercial Court proceedings in England, and winding up petitions brought by receivers of the nominee investor in the BVI and Cayman Islands. The claims each raise issues of serious misconduct, including conspiracy, breach of fiduciary duties and fraudulent misrepresentation and involve claims for hundreds of millions of dollars. They have involved several ex parte applications, the appointment of receivers and joint provisional liquidators, and privilege disputes and injunctions (with Michael Bloch KC, Andrew Hunter KC, Tom Weisselberg KC, Victoria Windle KC, Tom Richards KC, Tom Mountford, Timothy Lau, Marlena Valles and Ava Mayer)
Advising the Premier League in relation to private international law issues arising in a dispute with Manchester City Football Club in relation to potential breach of the PL rules and access to documents (with Andrew Hunter KC, Adam Lewis KC and Jason Pobjoy)
Acting for the Respondents in a c.€100m dispute between shareholders of a mining company in Sub-Saharan Africa, and a claim against its director and shareholder under a guarantee (with Andrew Green KC and Peter Head).
Acting for the Claimant in claims for damages and an indemnity in respect of an LCIA award obtained by a fraudulent claim and leading false evidence, as part of a larger fraudulent scheme to deprive the claimant of the beneficial interest in highly valuable property in Moscow (with Tony Peto KC and Rob Weekes KC).
Claim concerning subordinated loans alleged to have been extinguished by operation of Russian law (assisting Andrew Green KC and Robert Weekes).
Andrew has been instructed in substantial commercial disputes in the Cayman Islands, the BVI and the Courts of the Dubai International Financial Centre, and is frequently involved in cross-border litigation involving parallel proceedings in various offshore jurisdictions. He has full rights of audience before the DIFC Courts.
Acting for the second defendant seeking to intervene to oppose a claim by the purported ultimate beneficial owner of shares in a £200 million fund to rectify the shareholder register; the claim is part of wider cross-border litigation between the investor and fund manager (with Andrew Hunter KC and Marlena Valles)
Acting for management shareholders in parallel proceedings in the Cayman Islands and BVI resisting winding up petitions brought on just and equitable grounds against three investment fund companies. The petitioners contend that serious misconduct (including misuse of assets, fraud and charging of unlawful fees) occurred in relation to four funds in which in excess of $500 million have been invested. The case has also involved various interlocutory applications including pending heavy applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the funds. The litigation involves parallel proceedings in England and LCIA arbitration. The six-week trial in the Cayman Islands was held in the Cayman Islands in 2023 (with Michael Bloch KC, Andrew Hunter KC, Tom Weisselberg KC, Victoria Windle KC, Tom Richards KC, Tom Mountford, Timothy Lau, Marlena Valles and Ava Mayer)
Acting for the Defendants in a $180 million claim in the Courts of the British Virgin Islands and the Dubai International Financial Centre concerning the enforcement of a Sharjah judgment, resisted on the basis that the Sharjah judgment was obtained by fraud. The proceedings have involved a jurisdiction challenge and application to discharge a worldwide freezing order in the DIFC on the basis of material non-disclosure. The WFO has been successfully discharged; the BVI enforcement proceedings are ongoing (with Anthony Peto KC)
Acting for Defendants in a dispute concerning beneficial ownership of Cayman and Nevis investment funds valued at over $700 million, and the alleged misappropriation of $140 million. The dispute involved a parallel arbitration in Hong Kong, and proceedings in Nevis and the Cayman Islands (with Shaheed Fatima KC)
Andrew has experience in acting in matters raising issues of company law, including in winding up and unfair prejudice petitions. Before coming to the bar, he tutored in company law at the Australian National University
Acting for the second defendant seeking to intervene to oppose a claim by the purported ultimate beneficial owner of shares in a £200 million fund to rectify the shareholder register; the claim is part of wider cross-border litigation between the investor and fund manager (with Andrew Hunter KC and Marlena Valles)
Acting for an English mining company and its director in a dispute over the authority of purported representatives of its Turkish parent company, following the alleged expropriation of Turkish companies worth c.$5-6bn by the Turkish State. Acted in various interlocutory applications including for service out of the jurisdiction and injunctive relief in relation to a substantial North American mining project. The case raises issues of company law, recognition of foreign judgments, and the indirect enforcement of foreign penal laws (with Michael Bloch KC and Andrew Scott KC)
Acting for management shareholders in parallel proceedings in the Cayman Islands and BVI resisting winding up petitions brought on just and equitable grounds against three investment fund companies. The petitioners contend that serious misconduct (including misuse of assets, fraud and charging of unlawful fees) occurred in relation to four funds in which in excess of $500 million have been invested. The case has also involved various interlocutory applications including pending heavy applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the funds. The litigation involves parallel proceedings in England and LCIA arbitration. The six-week trial in the Cayman Islands was held in the Cayman Islands in 2023 (with Michael Bloch KC, Andrew Hunter KC, Tom Weisselberg KC, Victoria Windle KC, Tom Richards KC, Tom Mountford, Timothy Lau, Marlena Valles and Ava Mayer)
Acting for the Defendants to an unfair prejudice petition arising out of the redevelopment of Witanhurst Mansion, a 1930s Georgian Revival mansion, the second-largest private residence in London after Buckingham Palace (with Andreas Gledhill KC)
Acting for the Claimant companies (all in liquidation) in an £11m+ claim for fraudulent breach of fiduciary duty against their former director. The matter raised questions regarding the scope of the Duomatic principle. Successful at trial before Fancourt J, and in opposing permission to appeal (with Robert Anderson KC and Harry Adamson).
Andrew has experience advising designated persons, banks and trading companies on the impact of financial and trade sanctions under the UK and EU Russian sanctions regimes.
Advising on sanctions issues arising in the well-known Russian Aircraft insurance litigation, concerning foreign-owned aircraft in Russia with market value of just under $1 billion (with Brian Kennelly KC)
Advising a manufacturing business designated under the Russia (Sanctions) (EU Exit) Regulation 2019 regarding the implication of financial sanctions in connection with a prospective $1bn+ transaction (with Brian Kennelly KC)
Advising a Russian businessman regarding financial planning issues arising in connection with the Russia (Sanctions) (EU Exit) Regulation 2019 (with Brian Kennelly KC)
Advising a Dutch bank on the effect of trade sanctions on its relationship with a state-owned Russian shipping company (with Brian Kennelly KC)
Advising an international commodity trading and mining conglomerate regarding its relationships with Russian firms and issues arising as a result of trade sanctions imposed on Russia (with Brian Kennelly KC)
Andrew accepts instructions in all areas of EU and competition law. He is presently instructed as junior counsel in the Trucks Cartel Litigation, which is amongst the largest ongoing competition litigation.
Representing Scania in relation to UK litigation arising from the Commission's decisions relating to the alleged trucks cartel, encompassing High Court and CAT proceedings, including CPO applications. With claims up to £14.2bn, this is the largest competition litigation currently before the CAT, and was one of The Lawyer's top 20 cases for 2019 (with Brian Kennelly KC and Jason Pobjoy).
Acting for UBS in a claim brought by FDIC (as receiver for failed US depositary institutions) against several major international banks, relating to the alleged manipulation of the USD LIBOR benchmark between 2007 and 2009 (with Brian Kennelly KC and Paul Luckhurst)
Advising an Asian State regarding competition issues arising in respect of the allocation of its natural resources (with Brian Kennelly KC)
Acting for a Defendant to claims for over €660 million arising out of an alleged price fixing cartel in relation to colour display tubes used in computer monitors between 1996 and 2006 (with Brian Kennelly KC and Andrew Scott)
Acting for the Applicant in a challenge to final undertakings accepted by the CMA for the purposes of remedying a substantial lessening of competition in washroom supply services (with Brian Kennelly KC)
The first proposed opt-out class action in the UK concerning infringements of competition law in the sale of mobility scooters (assisting Thomas de la Mare KC, Tristan Jones and Daniel Cashman).
Trial of preliminary issue as to whether a railway training accreditation body is an "undertaking" for the purposes of s 18 of the Competition Act 1998 (assisting Tristan Jones).
Follow-on damages claim by purchasers of automobile bearings after the European Commission imposed a €953 million fine in respect of a 7-year cartel (assisting Thomas de la Mare KC and Tristan Jones).
Andrew has acted on the claimant and defendant side of group litigation, including substantial third party funded litigation in the Chancery and Queen's Bench Divisions and in the Competition Appeal Tribunal.
Advising a well-known technology company in respect of threatened group litigation arising out of events occurring in Asia, including in respect of jurisdiction and applicable law issues (with Shaheed Fatima KC)
Representing Scania in relation to UK litigation arising from the Commission's decisions relating to the alleged trucks cartel, encompassing High Court and CAT proceedings, including CPO applications. With claims up to £14.2bn, this is the largest competition litigation currently before the CAT, and was one of The Lawyer's top 20 cases for 2019 (with Brian Kennelly KC and Jason Pobjoy).
Acting for Royal Mail in a Supreme Court appeal arising out of group litigation comprising hundreds of claims worth c.£500 million. The claims concern VAT chargeable on postal services since the UK's entry into the EU in the 1970s. The appeal to the Supreme Court is against a decision on preliminary issues ([2021] EWCA Civ 1173) concerning the application of limitation periods by analogy to a claim for an injunction under s.36(1) of the Limitation Act 1980 (with Javan Herberg KC and Emily Neill)
Acting for a group of investors in a multi-million pound fraud claim against the promoters of the ‘Ingenious Group’ film and video game investment schemes and other intermediaries who recommended the schemes, following decisions of HMRC to deny c.£620m tax relief, upheld by the First-Tier Tribunal: see [2016] UKFTT 521 (TC), [2017] UKFTT 429 (TC). One of The Lawyer's Top 20 cases of 2018 and 2022 (with Robert Anderson QC and Tom Mountford).
Many of the matters on which Andrew has worked involve cross-border disputes that raise questions of applicable law and jurisdiction, and recognition and enforcement of foreign judgments. Before coming to the Bar, Andrew's practice as a commercial solicitor consisted predominantly of international arbitration which often raised questions of private international law.
Acting for the Commercial Bank of Dubai in claims for c.£78m against members of a wealthy Emirati family to enforce a foreign judgment and for economic torts, including in an application for service out of the jurisdiction and for injunctive relief, and a jurisdiction dispute raising issues of CPR gateways, applicable law and the application of the default rule / presumption of similarity under Dicey Rule 2, and forum conveniens. The case involves multiple parallel proceedings in each of Sharjah, the DIFC and the BVI (with Anthony Peto KC)
Acting for the Defendants in a $180 million claim in the Courts of the British Virgin Islands and the Dubai International Financial Centre concerning the enforcement of a Sharjah judgment, resisted on the basis that the Sharjah judgment was obtained by fraud. The proceedings have involved a jurisdiction challenge in the DIFC, leading to the discharge of a worldwide freezing order granted there in respect of properties in London (with Anthony Peto KC)
Advising the Premier League in relation to private international law issues arising in a dispute with Manchester City Football Club in relation to potential breach of the PL rules and access to documents (with Andrew Hunter KC, Adam Lewis KC and Jason Pobjoy)
Advising a well-known technology company in respect of threatened group litigation arising out of events occurring in Asia, including in respect of jurisdiction and applicable law issues (with Shaheed Fatima KC)
Acting for the First Defendant in a jurisdiction challenge in respect of a $700m+ claim for deceit and unlawful means conspiracy and claims under Monegasque and Panamanian law. The claims arose in the context of litigation comprising several related civil, criminal and matrimonial proceedings in Monaco, Switzerland, Cyprus, Panama, Russia, France, and the Isle of Man (with Leona Powell)
Acting for the Claimants, an English mining company and its director, in a dispute over the recognition of an allegedly corrupt Turkish judgment. The Turkish judgment appointed 'trustees' to Turkish companies considered to be affiliated with Hizmet, which was declared a terrorist organisation by the Erdoğan Regime following an attempted coup d'état in Turkey in 2016. It is alleged to have been given corruptly and as part of a campaign by the Turkish state to seize control of the Koza-Ipek group. The dispute concerns whether the English court should therefore decline to recognise the judgment, and accordingly the authority of the 'trustees', as contrary to English public policy and ECHR rights. The case also raises issues of jurisdiction, the indirect enforcement of foreign penal laws, and issues of English company law (with Michael Bloch KC and Andrew Scott KC).
Acting for the 20th defendant to a claim by the Public Institution for Social Security of Kuwait in respect of bribes exceeding US$840 million alleged to have been paid by various financial institutions and intermediaries. The case raises issues of the applicable law under the common law rules, PILA 1995 and the Rome II Regulation over a 20-year period, and whether the claims under Kuwaiti statutory provisions amount to an impermissible attempt by an emanation of the Kuwaiti State to enforce its penal and/or public laws in England. The case was featured as one of The Lawyer’s Top 20 cases of 2020 (with Robert Anderson KC).
Acting for the Defendants to claims for $122 million framed under Moroccan and Greek law, including disputes as to the applicable law under the Rome II Regulation, including on an application for a Letter of Request to the Moroccan authorities (with Andrew Scott KC)
Acting for Claimants in a US$1-2 billion fraud claim, including obtaining permission for service on 17 defendants in six jurisdictions, supported by expert evidence of several foreign laws and of the risk that justice could not be obtained in Thailand. The claimants include a Thai entrepreneur forced to flee Thailand and charged with lèse-majesté (defaming or insulting the King, Queen or Heir-Apparent), and the parties to the alleged fraudulent conspiracy include the Siam Commercial Bank, which is part-owned by the King of Thailand personally. The dispute involves three parallel ICC arbitrations, ancillary proceedings in the BVI, Belize, Hong Kong, Singapore, and related civil and criminal proceedings in Thailand. The case was one of The Lawyer's Top 20 cases of 2022 (with Anthony Peto KC, Robert Howe KC, Victoria Windle, Peter Head and Shane Sibbel).
Advising the Claimant on questions of jurisdiction, forum non conveniens, choice of law and limitation in a prospective $200m+ fraud claim in the BVI, involving prospective defendants in Russia and Estonia (with Tony Peto KC and Rob Weekes KC).
Representing Scania in relation to UK litigation arising from the Commission's decisions relating to the alleged trucks cartel, including questions of applicable law and foreign law limitation periods (with Brian Kennelly KC and Jason Pobjoy).
Acting for a Defendant to claims for over €660 million arising out of an alleged price fixing cartel in relation to colour display tubes used in computer monitors between 1996 and 2006, including disputes regarding applicable law and foreign law limitation defences to contribution claims (with Brian Kennelly KC and Andrew Scott)
Claim concerning subordinated loans alleged to have been extinguished by operation of Russian law (assisting Andrew Green KC and Robert Weekes).
Claims by Libyan/Moroccan family against MI5 and MI6 for complicity in their unlawful abduction in Thailand, rendition to Libya, detention and torture. The claims raised issues of foreign law, including reliance on the default rule or presumption of similarity in Dicey Rule 2 (then Rule 25(2)) (assisting Ben Jaffey QC).
$800m+ claim in the BVI Commercial Court concerning a joint venture in relation to various power generation and distribution assets in Russia (assisting Pushpinder Saini KC and Robert Weekes).
Andrew has been instructed in cases raising issues of public international law, including state and diplomatic immunity.
Acting for the Kingdom of Bahrain in disputing the jurisdiction of the English Court including on the basis of state immunity in respect of a claim brought by two political activists who claim to have been the subject of attacks using surveillance software (with Shaheed Fatima KC)
Advising UBS and its French subsidiary on questions of EU law and banking secrecy arising in connection with its appeal against fines totalling over €4.5 billion imposed by the Paris Tribunal de grande instance for illegally soliciting French clients and laundering the proceeds of tax fraud. The appeal raises an issue concerning the effect of international agreements between Switzerland, France and the EU on the prosecution of Swiss banks by French authorities (with Brian Kennelly KC)
Claim by domestic worker found to be a victim of people trafficking against Saudi diplomatic agent and his wife for race discrimination and unlawful deductions from wages, raising questions of the scope of diplomatic immunity (assisting Ben Jaffey KC).
BA (Dist, top of year) (QUT); LLB (First Class, 2nd in year) (QUT); Diplôme d'université avancé d'études françaises (mention très bien) (Université de Besançon); GDLP (ANU); BCL (Dist) (Oxon)
Scholarships
Prizes & Awards
Andrew has also held research roles at, and contributed to publications by, the Australian Law Reform Commission; the Queensland Law Reform Commission; the South Asia Human Rights Documentation Centre in New Delhi; and Amnesty International.
In 2011, Andrew assisted the judges of Trial Chamber I in the trials of General Ratko Mladić, Jovica Stanišić and Franko Simatović at the ICTY in The Hague; and the Co-Prosecutors at the ECCC in Cambodia in the largest war crimes trial since WWII.
He has volunteered at the Caxton Community Legal Centre, Homeless Persons' Legal Clinic and Citizens' Advice Bureau.
Andrew maintained a practice as a Japanese-English translator primarily of patents and related materials for 8 years from 2008-15.
VAT registration number: 275340894
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