Areas Of Practice
Company Law and Shareholder Disputes
Commercial litigation, Corporate Fraud and Asset Recovery
Financial Services regulation
Corporate and Personal Insolvency.
Cases Of Interest
Commercial
Concord v Law Debenture [2004] All ER (D) 506: Corporate Bonds, position of bond trustee in bondholder-lender dispute
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
Koonmen v Bender [2002] JLR N 45: $100 million US/Anguillan/Jersey trust issues
Equant v Ives [2002] EWHC 1992 (Ch): Senior employees of listed company faced with proceedings and prosecution for fraud
Re Sulfex Technologies: Intellectual property and specific performance claim against director/shareholder/inventor in Texas
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
Shahar v Privatbank [2004] EWHC 2659: Setting aside service out for want of jurisdiction and non-disclosure
Company law
Re Flying Colours: S.459 CA85 Petition for management shareholders in a dispute over large and successful venture capital vehicle
Re Hick Lane Bedding S.459 & J&E winding up Petition. Family run manufacturing company.
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
Capital Corporation: Corporate claims against director and senior employees for breach of duty and conspiracy
s.459 Petitions for shareholders in software and electronic industries, security industry, ship chartering, sports clubs etc.
Insolvency
Re Griffin Trading [2000] BPIR 256: Provisional Liquidation and winding up of an insolvent LIFFE and EUREX futures broker
Re Guardian Bank: Litigation arising out of financial authorities’ closure of bank (Cayman Islands)
Commerzbank v Arvind Mills: UK stay of proceedings pending Indian insolvency proceeding
Re Magellan Reinsurance Company Limited: Creditors winding up petition, lucus standi (Turks & Caicos Islands)
Financial Services
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.
Other Areas
Andrew Clutterbuck also practices in the field of mining and quarrying rights and title disputes. He 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 18 Equitable Remedies
Butterworths Practical Insolvency: Pension Rights in Bankruptcy.
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.