Andrew de Mestre

Areas of Practice

General commercial and commercial/chancery litigation, insolvency, corporate fraud and asset recovery, banking, financial services and regulatory law, and company law. Andrew is recommended by Chambers & Partners as one of the leading juniors in Chancery: Commercial (Band 2) and by the Legal 500 in Insolvency/Corporate Recovery. Chambers & Partners says:

"The set's silks are ably supported by a host of talented and experienced juniors. Among them, Andrew de Mestre acts in some of the biggest fraud, insolvency and commercial disputes before the courts. He is well thought of for his "brilliant, balanced, powerful advocacy." (2012 edition)

"Andrew "is a gifted junior with proven expertise in handling complex and high-value matters. He has earned repeat instructions on the basis of his "user-friendly and intensely responsive attitude" as well as his ability to demonstrate "utter authority when confronting the key arguments of a case." Much of his time has recently been taken up with fraud litigation and an international arbitration action." (2011 Edition)

"Andrew de Mestre focuses on commercial litigation, insolvency, company and commercial chancery work. He, too, enjoys the full backing of the market." (2010 Edition, Restructuring/Insolvency)

"Charming, and consequently good with the clients" and with a "gift for assimilating vast quantities of documents and drawing out the salient points" [which] serves him well in what are increasingly busy times for him." (2009 Edition)

Commercial and Commercial/Chancery litigation, fraud and asset recovery

A significant part of Andrew's caseload is general commercial litigation and advice and fraud and asset recovery. He is currently engaged in a €100m+ Commercial Court dispute arising out of the funding arrangements for a hotel and apartment development in Central London which will come to trial in January 2012. Andrew is also instructed on behalf of the Receivers appointed in the high profile Commercial Court litigation between JSC BTA Bank and Mukhtar Ablyazov. Other recent instructions include:

• Acting for the defendant to a €250 million contractual claim brought by way of arbitration in Switzerland.
• Acting for the defendant to a substantial contractual claim brought by way of arbitration in London.
• Acting for the claimant in an ongoing High Court claim to recover a contractual success fee in excess of £5 million.
• Acting for the claimant in a successful High Court claim to enforce the exit provisions in a joint venture agreement relating to a substantial overseas property development.
• Acting for the claimant in a successful €12 million High Court fraud claim arising from the purchase of a property in the south of France.
• Acting for the defendant to a High Court claim for breach of warranty from a share sale agreement which settled before trial.

Insolvency

Andrew has extensive experience of advising and acting in litigation for both office-holders and defendants in proceedings under the Insolvency Act 1986. He is currently acting for the liquidators of a Cayman Island investment fund as well as a range of other office-holders. His insolvency experience also includes long-running instructions in BCCI-related litigation, Morris v Bank of America, between 2000 and 2003. Andrew has also recently acted in substantial proceedings against the former administrators of an automotive supply company for breach of duty and in the insolvency aspects of ongoing Commercial Court proceedings arising from various failed tax mitigation schemes.

Company law

Andrew's company law experience includes advising on issues relating to financial assistance in the purchase of shares, drafting petitions under s.994 of the Companies Act 2006 (and the equivalent provisions in Hong Kong) and the just and equitable jurisdiction of the Court (both in England and the Bahamas), and acting for and against directors in relation to breaches of duty and disqualification proceedings. In 2009 Andrew was instructed on a substantial contested takeover of a property catastrophe insurer in Bermuda. Andrew is a contributor to the sections in OUP's Annotated Companies Acts on meetings and on company secretaries.

Banking

In 2005-2006 Andrew acted for Lloyds TSB Bank Plc in its successful defence of claims brought against it in respect of the operation of various accounts in Switzerland. In 2006-2007 he was instructed by an investment bank in defending claims arising from the listing of an investment trust on the London Stock Exchange. Andrew has recently been instructed to advise a major investment bank and several large corporate trustees in relation to the construction and effect of a range of securitisation documents and other capital market transactions including issues arising from the credit crunch.

Financial services and regulatory law

Andrew is instructed by the Jersey Financial Services Commission in relation to three Eastern European property investment schemes. Andrew has also appeared in proceedings before the Disciplinary Tribunals of the SFA and the ICAEW. He has advised on various aspects of the Financial Services and Markets Act 2000, the London Stock Exchange Listing Rules and the Broker Membership Rules of the Cayman Islands Stock Exchange.

Reported cases include:

Milsom v Ablyazov [2011] EWHC 1846 (provisions of information, privilege against self-incrimination)
Milsom v Ablyazov [2011] EWHC 955 (powers of Receivers)
Carey Value Added, S.L. v Grupo Urvasco, S.A. [2011] 2 All ER (Comm), [2010] BCLC 352 (summary judgment, construction of deed of indemnity and guarantee)
Royal & Sun Alliance Plc & Ors v Rolls-Royce Plc [2010] Lloyds Rep IR 637 (jurisdiction)
Re Oakland Limited [2010] EWHC (Ch) 614 (Summary judgment, stay of application)
Re Automold [2009] EWHC 3709 (striking-out)
Gaetano Limited v Obertor Limited [2009] EWHC 2653 (Ch) (summary judgment, specific performance of joint venture agreement, reflective loss)
Re Charit-Email Technology Partnership LLP [2009] EWHC 1901 (Ch) (permission to commence proceedings against an LLP in liquidation)
Chart-Email Technology Partnership LLP v Vermillion International Investments Ltd [2009] EWHC 388 (locus standi of an alleged contributory to appear on the hearing of petition)
Reid v The Capita Group Plc & Ors [2008] ECHC 2722 (Ch) (adjournment of a trial date, ordering of concurrent trials);
Mahme Trust Reg & Ors v Lloyds TSB Bank Plc [2006] EWHC 1782 (indemnity costs)
Mahme Trust Reg & Ors v Lloyds TSB Bank Plc [2006] EWHC 1321 (scope of the duty of a banker to account, assessment of damages);
The Commissioners for Customs & Excise v The Arena Corporation Limited [2004] EWCA Civ 371, [2003] EWHC (Ch) 3032 (winding-up petition in the context of assessments for excise duty and VAT; EC directive on excise duty);
The Arena Corporation Limited v Peter James Schroeder [2003] EWHC 1089 (interim freezing injunctions; discharge for material non-disclosure);
Morris v Bank of America National Trust & Savings Association & Ors [2002] EWCA Civ, 425 (amendment of statements of case);
Secretary of State for Trade & Industry v Delfin International [2000] 1 BCLC 71 (public interest winding-up petition; Fair Trading Act 1973 and pyramid-selling scheme).

Publications

Contributor to OUP's Annotated Companies Acts

Academic

MA (Hons) Magdalene College, Cambridge. Queen Mother Scholar of Middle Temple

Professional

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