Areas Of Practice
Insolvency, corporate fraud and asset recovery, banking, financial services and regulatory law, company law, bankruptcy and general commercial litigation. Andrew is recommended by Chambers & Partners as one of the leading juniors in Chancery: Commercial and by both Chambers & Partners and the Legal 500 in Insolvency/Corporate Recovery.
Insolvency; Andrew has extensive experience of advising and acting in litigation for both office-holders and defendants in proceedings under the Insolvency Act 1986. This included long-running instructions in BCCI-related litigation, Morris v Bank of America between 2000 and 2003. Andrew is described in the insolvency section of Legal 500 as ‘fantastic’ as he offers ‘an almost unique combination - huge brain power, great advocacy and he's great to work with’. Chambers & Partners describe him as a “rising star” who “can take on both cerebral and knock-about instructions with equal success”.
Company law; Andrew’s company law experience includes advising on issues relating to financial assistance in the purchase of shares, drafting petitions under s.459 of the Companies Act 1985 (and the equivalent provisions in Hong Kong) and the just and equitable jurisdiction of the Court, and acting for and against directors in relation to breaches of duty and disqualification proceedings.
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. He is currently instructed by an investment bank in defending claims arising from the listing of an investment trust on the London Stock Exchange.
Financial services and regulatory law; Andrew has appeared in proceedings before the Disciplinary Tribunals of the SFA and the ICAEW. He has also 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.
Cases Of Interest
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)
Morris v Bank of America National Trust & Savings Association & Ors [2002] EWCA Civ, 425 (amendment of statements of case)
The Arena Corporation Limited v Peter James Schroeder [2003] EWHC 1089 (interim freezing injunctions; discharge for material non-disclosure)
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)
Mahme Trust Reg & Ors v Lloyds TSB Bank Plc [2006] EWHC 1321 (scope of the duty of a banker to account, assessment of damages)
Mahme Trust Reg & Ors v Lloyds TSB Bank Plc [2006] EWHC 1782 (indemnity costs)
Academic
MA (Hons) Magdalene College, Cambridge
Queen Mother Scholar of Middle Temple
Professional
Member of the Commercial Bar Association and the Chancery Bar Association.