Andrew Clutterbuck

Summary

Andrew Clutterbuck has an extensive litigation practice covering wide areas of commercial and company activity.  He has recently been particularly active in the fields of commercial trusts, shareholder disputes and advising on and obtaining judicial directions for office holders (trustees, liquidators, administrators, etc.).
Andrew also advises and acts generally in the commercial and company law area (including insolvency), with a particular additional specialism in financial services.  In addition to more formal instructions, he welcomes informal adhoc requests for telephone advice.

Cases of Interest

Commercial

Law Debenture v Elektrim
(1) [2005] 2 Lloyd's Rep 755: stay of arbitration, court's jurisdiction
(2) [2005] EWHC 1999: summary judgment on bond acceleration, costs under indemnity
(3) [2006] EWHC 1305: Saunders v Vautier in a commercial trust context
(4) [2007] EWHC 1380: chargor's right to redeem, trustee's right to retain security & trust property;
(5) [2009] EWHC 1801;[2010] EWCA Civ 1142: complex share-stake valuation, equity kicker

Law Debenture v Vivendi [2009] 1 Lloyds' Rep 59: anti-suit injunction

Concord v Law Debenture [2005] 1 WLR 1591 House of Lords Corporate Bonds, position of bond trustee in bondholder-lender dispute

Re Chinachem, the Estate of Nina Wang:  Hong Kong administrator's duties in relation to HK$multi-billion corporate group

Geniki v Ellis [2008] 1 BCLC 662: Stockbroker's authority to deal

Koonmen v Bender [2002] JLR N 45: $100 million US/Anguillan/Jersey trust issues

Equant v Ives [2002] EWHC 1992: Senior employees of listed company faced with proceedings and prosecution for fraud

Temple Trust v Barclays: Bank's liability for forged cheques (Turks & Caicos Islands)

Standard Star: Vicarious liability for fraudulent off shore trust officer (Turks & Caicos Islands)

 

Company law

Attwood v Midment [2011] EWHC 2186: S.994 Petition, directors duties, substantial property transactions

Re: ABFC, O'Donnell v Shanahan [2009] 1 BCC 822: S.994 Petition, directors' duties, conflicts of interest

Roe v Doughty Hanson [2008] 1 BCLC 404 & Davenport v Cream Holdings [2009] BCC 183:  Expert determination of share value under provisions in articles

Re Flying Colours: S.459 Petition. Claim by management shareholders in a successful venture capital vehicle

Re a Company (No 004415 of 1996) [1997] 2 BCLC 479: s.459 & J&E winding up, strike out

Coleman Taymar v Oakes [2001] 2 BCLC 749: Corporate claim against director for breach of duty, self dealing

s.459/994 Petitions for shareholders in software and electronic industries, security industry, ship chartering, sports clubs etc.

 

Insolvency

Re: MK Airlines Realising charged assets in liquidation administrators' remuneration

Singla v Hedman [2010] BCC 684: Wrongful trading.  Film industry

New Hampshire v Magellan Ins [2009] UKPC 33:  Privy Council. Winding-up petition against reinsurer; creditor's locus standi.

Re Griffin Trading [2000] BPIR 256: Provisional Liquidation and winding up of an insolvent LIFFE and EUREX futures broker;

Re Guardian Bank: Extensive litigation and advisory work arising out of financial authorities' closure of bank (Cayman Islands);

Commerzbank v Arvind Mills: UK stay of proceedings pending Indian insolvency process;

 

Financial Services

Standard Life v Aon.  Total loss claim by major endowment mortgage provider against broker over non-responsive PI Policy. Review of misselling compensation

Metsec v Standard Life.  Claim for negligent pension administration services.  Amendment outside limitation.  Retirement age equalisation.

Advising major endowment mortgage provider on strategic treatment of misselling claims and specific cases.

Advising large family trust on regulatory impact on investment policy and practice.

Advising on review of FSA decisions refusing authorisation

 

Other Areas

Andrew Clutterbuck also practices in the field of mining and quarrying rights and has appeared for large estates and local authorities in the Court of Appeal, the High Court, Lands Tribunal and in arbitral proceedings.

Publications

Atkins Court Forms: Vol 27 Mines & Quarries.

Overseas Qualifications

Called to the Cayman Islands Bar. Called to the Turks & Caicos Islands Bar for specific cases

Professional

Member of the Commercial Bar Association and the Chancery Bar Association.