Andrew has extensive international commercial litigation and arbitration experience. His practice focuses on cybersecurity fraud, banking, shipbuilding, shipping, energy, insurance and sport. He is often instructed to appear both as junior counsel in complex, multi-jurisdictional, high-value cases and as sole counsel in the Commercial Court, Chancery Division and in arbitration.
Andrew is instructed in a number of high-value international fraud claims across a range of contexts including conspiracy, misappropriated funds by a director and transactions defrauding creditors within s. 423 of the Insolvency Act 1986.
He acted for the tenth defendant in a US$300m fraud concerning forged warehouse receipts in the context of commodities repurchasing agreements in Hong Kong and Singapore (led by David Lewis KC) which proceeded to a five-week trial in the autumn of 2021: E,D & F Man Capital Markets Limited v Come Harvest Limited & others [2022] EWHC 229 (Comm). They appeared in the Court of Appeal in this case on the application of the res inter alios acta principle: [2022] EWCA Civ 1704. During this case, they appeared in a jurisdiction challenge in the High Court, [2019] EWHC 1661 (Comm), [2019] I.L.Pr. 40, and the Court of Appeal, [2019] EWCA Civ 2073, concerning the role of multiplicity of proceedings in a Part 11 challenge. Further, Andrew acted as junior counsel to Philip Edey KC in Suppipat v Narongdej, which concerned a US$2 billion fraud relating to shares in a Thai wind farm and is cited in The Lawyer’s Top 20 cases of 2022.
Andrew also acts regularly as sole counsel. He recently appeared in a complex limitation case requiring a full day of cross-examination in the High Court, Giddens v Frost [2022] EWHC 1022 (Comm). Further, he appeared as sole counsel in Tonstate Group Limited v Wojakovski [2021] EWHC 1122 (Ch) in which he successfully argued that money held on account by solicitors were not ‘assets’ of the respondent to a freezing injunction and obtained indemnity costs, [2021] EWHC 1995 (Ch). Previously, Andrew appeared as sole counsel in Schenker Ltd v Negocios Europa Ltd [2018] 1 WLR 718; [2017] EWHC 2921 (QB) where he successfully extended the law so that the freight rule applies to airfreight. Andrew is also acting in a complex, nine-figure derivative action claim concerning the stripping of company assets by a director (led by Philip Riches KC) and an eight-figure international conspiracy claim concerning the Steinhoff Group (led by Andrew Ayres KC).
Andrew has experience of large-scale, complex arbitrations having acted in 11 inter-linked shipbuilding arbitrations (led by Duncan Matthews KC and Josephine Davies). Andrew was also part of a further Counsel team in the same dispute that successfully defended a s. 69 application in Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd v Precious Shipping Public Co. Ltd [2021] 1 Lloyd’s Rep. 413, [2020] EWHC 1030 (Comm), in which Butcher J held that the prevention principle did not apply to the amended SAJ Form.
He regularly publishes articles for the New Law Journal (NLJ), the Journal of International Banking and Financial Law (JIBFL), the European Business Law Review and the Lloyd’s Maritime & Commercial Law Quarterly. He also sat on the Commercial Bar Association (COMBAR) Brexit Working Groups, which published papers on the impact of Brexit on private international law and on international arbitration.
Andrew has been ranked in The Legal 500 UK Bar 2023 for both Shipping (Tier 4) and Commodities (Tier 3).
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Example cases
- Acting in a US$300 million fraud concerning forged warehouse receipts in the context of commodities repurchasing agreements in Hong Kong and Singapore (led by David Lewis QC). David and Andrew acted for the Tenth Defendant in a five week trial, [2022] EWHC 229 (Comm), and in the Court of Appeal on the application of the res inter alios acta principle to settlement agreements: [2022] EWCA Civ 1704. During this case, they appeared in a jurisdiction challenge in the High Court, [2019] EWHC 1661 (Comm), [2019] I.L.Pr. 40, and the Court of Appeal, [2019] EWCA Civ 2073, concerning the role of multiplicity of proceedings in a Part 11 challenge.
- Acting in a nine-figure derivative action claim concerning the stripping of company assets by a director (led by Philip Riches KC in a team with Richard Greenberg and Andrew Feld).
- Acting in an eight-figure international conspiracy claim concerning the Steinhoff Group (led by Andrew Ayres KC).
- Acted in an eight-figure freezing injunction relating to unpaid arbitration awards concerning a Kyrgyz gas dispute.
- Acting in an eight figure CMA claim relating to the sale of five vessels (led by Tim Young KC).
- Acting (unled) in a worldwide asset disclosure order to enforce four multi-million dollar arbitration awards.
- Acted as sole counsel in an alleged truffle tree fraud which required a full day of cross-examination on a complex point of limitation, Giddens v Frost [2022] EWHC 1022 (Comm).
- Acted as junior counsel to Philip Edey QC in Suppipat v Narongdej, which concerned a US$2 billion fraud relating to shares in a Thai wind farm and is cited in The Lawyer’s Top 20 cases of 2022.
- Acted as Junior Counsel to Sara Masters QC in an anti-suit injunction relating to a US$200 million ICC arbitration concerning oil rights in Nigeria, which was upheld at the return date in Nigerian AGIP Exploration Ltd v GEC Petroleum Development Company Ltd [2021] EWHC 1412 (Comm).
- Appeared as Sole Counsel in Tonstate Group Limited v Wojakovski [2021] EWHC 1122 (Ch) to successfully argue that money held on account by solicitors were not ‘assets’ of the respondent to a freezing injunction. The case is an important limitation on the extended definition of assets in JSC BTA Bank v Ablyazov (No 10) [2015] UKSC 64.
- Acting as Junior Counsel to Andrew Ayres QC in a nine-figure international conspiracy claim concerning the misappropriation of funds by a company director.
- Acting as Junior Counsel to Blair Leahy QC in an eight-figure claim concerning the enforcement of overseas judgments, an international conspiracy and transactions defrauding creditors under s. 423 of the Insolvency Act 1986.
- Advising as Sole Counsel on a seven-figure freezing injunction in support of a London-seated arbitration.
- Acting as Junior Counsel to Michael Nolan QC at the return date of an anti-suit injunction concerning issues of contractual formation and Malaysian law.
- Acting as Junior Counsel to Michael Collet QC on a case concerning charges for detention of containers in India following government restrictions related to COVID-19.
- Acting as sole counsel for a tech start up in obtaining emergency Norwich Pharmacal relief following the misdirection of funds due to a cyber-security breach.
- Acting as Junior Counsel to Julian Kenny QC in a seven-figure LMAA arbitration concerning an alleged dangerous cargo of used cars and crew negligence in fire-fighting.
- Acting as sole Counsel in a number of alleged seven-figure frauds relating to sale of yachts.
- Acting in eleven inter-linked shipbuilding LMAA arbitrations under an amended SAJ Form concerning technical issues in relation to the operation of stern tube bearings (led by Duncan Matthews QC and Josephine Davies). He has recently represented the successful shipowners in defending a s. 69 appeal in these cases in Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd v Precious Shipping Public Co. Ltd [2021] 1 Lloyd’s Rep. 413, [2020] EWHC 1030 (Comm), in which Butcher J held that the prevention principle did not apply to the amended SAJ Form and that a shipyard must give notice or communicate under various provisions in the amended SAJ Form to move the Delivery (and Cancellation) Date.
- Schenker Ltd v Negocios Europa Ltd [2018] 1 WLR 718; [2017] EWHC 2921 (QB): acted (as sole counsel) in the first English High Court authority to apply the common law rule barring set-off against freight to airfreight.
- Acted as junior to Michael Ashcroft QC to defend an urgent, eight-figure freezing injunction application brought under s 44 Arbitration Act 1996 in the context of the corporate restructuring of a major shipowner.
- Acted in four interlinked shipbuilding arbitrations concerning technical issues in relation to the operation of stern tube bearings (led by Vasanti Selvaratnam QC).
- Obtained an emergency anti-suit injunction to restrain foreign proceedings brought in breach of an arbitration agreement (led by Vasanti Selvaratnam QC).
Banking and financial services
- Acting as junior counsel to Sean Snook to advise shipowners in resisting a nine-figure action brought in Hong Kong by a major international bank under four inter-linked ship-mortgages.
- Acting as sole counsel to advise a FinTech start-up on their application to the Financial Conduct Authority for authorisation as an owner under a regulated consumer hire agreement in accordance with the Financial Services and Markets Act 2000 (Regulated Activities Order).
- Acting in an international arbitration with issues of joint-venture financing in Africa, led by Luke Pearce.
- Advised the Financial Conduct Authority on the authorisation of online peer-to-peer lending platforms under Article 36H of Financial Services and Markets Act 2000 (Regulated Activities Order).
- Advised a major European bank on the procedure for forced sale of a multi-million dollar mortgaged vessel.
- Drafted submissions in a seven-figure LCIA Arbitration representing a Russian client in relation to the sale of a bank.
- Advised on the quantification of losses arising from a breach of freight hedging products.
- Assisted numerous major city law firms with s. 166 (FSMA) skilled person reviews in quantifying consequential losses arising from the mis-sale of Interest Rate Hedging Products.
Civil fraud
- Acting in a US$300 million fraud concerning forged warehouse receipts in the context of commodities repurchasing agreements in Hong Kong and Singapore (led by David Lewis QC). David and Andrew acted for the Tenth Defendant in a five week trial, [2022] EWHC 229 (Comm), and in the Court of Appeal on the application of the res inter alios acta principle to settlement agreements: [2022] EWCA Civ 1704. During this case, they appeared in a jurisdiction challenge in the High Court, [2019] EWHC 1661 (Comm), [2019] I.L.Pr. 40, and the Court of Appeal, [2019] EWCA Civ 2073, concerning the role of multiplicity of proceedings in a Part 11 challenge.
- Acting in a nine-figure derivative action claim concerning the stripping of company assets by a director (led by Philip Riches KC in a team with Richard Greenberg and Andrew Feld).
- Acting in an eight-figure international conspiracy claim concerning the Steinhoff Group (led by Andrew Ayres KC).
- Acted in an eight-figure freezing injunction relating to unpaid arbitration awards concerning a Kyrgyz gas dispute.
- Acted as junior counsel to Philip Edey QC in Suppipat v Narongdej, which concerned a US$2 billion fraud relating to shares in a Thai wind farm and is cited in The Lawyer’s Top 20 cases of 2022.
- Appeared as Sole Counsel in Tonstate Group Limited v Wojakovski [2021] EWHC 1122 (Ch) to successfully argue that money held on account by solicitors were not ‘assets’ of the respondent to a freezing injunction. The case is an important limitation on the extended definition of assets in JSC BTA Bank v Ablyazov (No 10) [2015] UKSC 64.
- Acting as Junior Counsel to Andrew Ayres QC in a nine-figure international conspiracy claim concerning the misappropriation of funds by a company director.
- Acting as Junior Counsel to Blair Leahy QC in an eight-figure claim concerning the enforcement of overseas judgments, an international conspiracy and transactions defrauding creditors under s. 423 of the Insolvency Act 1986.
- Acting as sole counsel for a tech start up in obtaining emergency Norwich Pharmacal relief following the misdirection of funds due to a cyber-security breach.
- Acted as sole counsel in an alleged truffle tree fraud which required a full day of cross-examination on a complex point of limitation, Giddens v Frost [2022] EWHC 1022 (Comm).
- Acting as sole Counsel in a number of alleged seven-figure frauds relating to sale of yachts.
- Acting as junior counsel to Paul Lowenstein QC in an eight-figure LCIA Arbitration concerning an action being brought on allegedly forged documents following the breakdown of a Ukrainian joint venture.
- Acting as junior counsel to James Ramsden QC in a six-figure fraud in relation to a property development contract.
- Acting in numerous cases, as sole counsel, to obtain emergency freezing injunctions and Norwich Pharmacal Orders in the context of a seven-figure cyber-fraud.
- Acting, as sole counsel, in a six-figure fraud concerning the sale of a Supercar.
Insurance and reinsurance
- Advised numerous businesses on their business interruption coverage for COVID-19 under Combined ‘All Risks’ Policies.
- Acting as sole counsel for the assured in a seven-figure hull claim relating to perils of the sea encountered during a break up voyage with tug.
- Acting, as sole counsel, in a seven-figure dispute concerning allegations of breach of class warranty.
- Acted, as sole counsel, in a dispute concerning material non-disclosure.
- Defended a claim, as sole counsel, on the basis of fraud by the insured due to a gross exaggeration of the loss suffered.
- Acted, as sole counsel, in an on-going subrogation recovery claim concerning ownership of a bespoke six figure diamond and ruby ring.
- Advised, as sole counsel, on The Cyber Attack Exclusion Clause (CL380).
- Advised, as sole counsel, on the liability of an Excess Insurer to contribute to General Average Expenditure in circumstances where the amount paid was within the primary layer but the overall insured value was above it.
- Advised, as sole counsel, on waiver of LLMC Limits.
International arbitration
- Acted as Junior Counsel to Sara Masters QC in an anti-suit injunction relating to a US$200 million ICC arbitration concerning oil rights in Nigeria, which was upheld at the return date in Nigerian AGIP Exploration Ltd v GEC Petroleum Development Company Ltd [2021] EWHC 1412 (Comm).
- Advising as Sole Counsel on a seven-figure freezing injunction in support of a London-seated arbitration.
- Acting in eleven inter-linked shipbuilding LMAA arbitrations under an amended SAJ Form concerning technical issues in relation to the operation of stern tube bearings (led by Duncan Matthews QC and Josephine Davies). He has recently represented the successful shipowners in defending a s. 69 appeal in these cases in Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd v Precious Shipping Public Co. Ltd [2021] 1 Lloyd’s Rep. 413, [2020] EWHC 1030 (Comm), in which Butcher J held that the prevention principle did not apply to the amended SAJ Form and that a shipyard must give notice or communicate under various provisions in the amended SAJ Form to move the Delivery (and Cancellation) Date.
- Assisting Singaporean Counsel with an appeal to the Singaporean Court following an award on jurisdiction by a SIAC Tribunal.
- Acting as junior counsel to Paul Lowenstein QC in an eight-figure LCIA Arbitration concerning an action being brought on allegedly forged documents following the breakdown of a Ukrainian joint venture.
- Defending against an urgent, eight-figure freezing injunction application brought under s. 44 of the 1996 Act in the context of the corporate restructuring of a major shipowner, led by Michael Ashcroft QC.
- Acting in an international arbitration with issues of joint-venture financing in Africa, led by Luke Pearce.
- Obtaining an emergency anti-suit injunction to restrain foreign proceedings brought in breach of an arbitration agreement, led by Vasanti Selvaratnam QC.
- Acting in an appeal under sections 68 and 69 of the Arbitration Act 1996 to the Commercial Court following three eight-figure arbitral awards, led by Vasanti Selvaratnam QC.
- Acting for a Private Equity Company in an SCC Arbitration concerning issues of contractual formation and the conflict of laws. Drafting submissions in a seven-figure LCIA Arbitration representing a ultra-high-net-worth individual client in relation to the sale of a bank.
- Assisted Timothy Hill QC in The Celtic Explorer [2015] EWHC 1810 (Comm) which was the first case to consider whether delay in the publication of an arbitration award constituted a serious procedural irregularity under s. 68 of the Arbitration Act 1996.
- Assisting John Robb with the underlying arbitration and application in Union Marine Classification Services LLC v Comoros [2015] EWHC 508 (Comm).
International commercial litigation
- Advising on an alternative dispute resolution system backed by the FCA to resolve business interruption insurance disputes following the FCA Test Case.
- Acting as junior counsel to Philip Edey QC in a US$1-2bn international fraud concerning shares in a wind-farm company in Thailand.
- Acting in a US$300m fraud concerning forged warehouse receipts in the context of commodities repurchasing agreements in Hong Kong and Singapore (led by David Lewis QC). David and Andrew have recently appeared in a jurisdiction challenge in the High Court in E,D & F Man Capital Markets Limited v Come Harvest Limited & others [2019] EWHC 1661 (Comm), [2019] I.L.Pr. 40 and the Court of Appeal, [2019] EWCA Civ 2073 concerning the role of multiplicity of proceedings in a Part 11 challenge.
- Acted for a large group of claimants in their action for breach of the GDPR following a cyber-security breach.
- Advising a major Formula 1 team on obtaining an urgent injunction from the Commercial Court to restrain a breach of contract, led by Edmund King QC.
- Appeared, as sole counsel, in Schenker Ltd v Negocios Europa Ltd [2018] Lloyd’s Rep. Plus 4; [2018] 1 W.L.R. 718; [2017] EWHC 2921 (QB), which is the first English High Court authority to apply the common law rule barring set-off against freight to airfreight.
- Acting, as sole counsel, in a six-figure fraud concerning the sale of a Supercar.
- Acting as junior counsel to James Ramsden QC in a six-figure fraud in relation to a property development contract.
- Advised, as sole counsel, in a seven-figure dispute with issues of contractual formation, jurisdiction and applicable law.
- Advised, as sole counsel, in a seven-figure bailment dispute with issues of jurisdiction.
- Advising a major international airline, as sole counsel, on its obligations under a seven-figure landing gear servicing contract.
- Acting in numerous cases, as sole counsel, to obtain emergency freezing injunctions and Norwich Pharmacal Orders in the context of a seven-figure cyber-fraud.
- Instructed to advise, as sole counsel, in a seven-figure Term Facility Agreement and related Share Pledge dispute.
- Advising a major international airline on an eight-figure commercial dispute, led by Edmund King QC.
- Advised on the availability of an interim ‘Asset Preservation Order’ from the Commercial Court in support of anticipated seven figure Luxembourg proceedings.
- Instructed as sole counsel to represent a public relations and media company in a dispute against a high-profile businesswoman from the BBC series ‘Dragon’s Den’.
- Appeared, as sole counsel, in a full-day jurisdiction hearing in the Commercial Court concerning a disputed jurisdiction agreement.
- Acted in a US$20 million two-day arbitration concerning the interaction of a chain of commercial contracts, led by Vasanti Selvaratnam QC.
- Instructed, as sole counsel, to advise on and draft pleadings in a seven-figure dispute concerning breach of warranties contained in a Business Purchase Agreement.
- Advising on and drafting pleadings, as sole counsel, in a case involving an exclusive software distribution agreement with the sole basis of English jurisdiction being Art. 25 of the Brussels 1 Regulation (as recast).
Shipping
- Acting in an eight figure CMA claim relating to the sale of five vessels (led by Tim Young KC).
- Acting (unled) in a worldwide asset disclosure order to enforce four multi-million dollar arbitration awards.
- Acting as Junior Counsel to Nakul Dewan SC in a SIAC arbitration concerning short delivery of cargo.
- Acting as Junior Counsel to Julian Kenny QC in a seven-figure LMAA arbitration concerning an alleged dangerous cargo of used cars and crew negligence in fire-fighting.
- Acting as sole Counsel in a number of alleged seven-figure frauds relating to sale of yachts.
- Advised owners on whether COVID-19 constitutes a force majeure event in the context of a charterparty dispute.
- Acting in an appeal to the GAFTA Board of Appeal in relation to a seven-figure commodities dispute.
- Acting in eleven inter-linked shipbuilding LMAA arbitrations under an amended SAJ Form concerning technical issues in relation to the operation of stern tube bearings (led by Duncan Matthews QC and Josephine Davies). He has recently represented the successful shipowners in defending a s. 69 appeal in these cases in Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd v Precious Shipping Public Co. Ltd [2021] 1 Lloyd’s Rep. 413, [2020] EWHC 1030 (Comm), in which Butcher J held that the prevention principle did not apply to the amended SAJ Form and that a shipyard must give notice or communicate under various provisions in the amended SAJ Form to move the Delivery (and Cancellation) Date.
- Acting for Buyers in two eight-figure shipbuilding arbitrations where the vessel was undeliverable due to design failures in relation to the stern tube bearing, led by Vasanti Selvaratnam QC.
- Acting in two inter-linked shipbuilding arbitrations concerning implied terms of good faith and circuity of action, led by Vasanti Selvaratnam QC.
- Acting in an eight-figure arbitration which concerned cancellation of an offshore shipbuilding contract following delay, led by Nigel Eaten QC.
- Instructed to provide a joint opinion on the interaction between ship arrests and the recognition of foreign insolvency proceedings for use in the Singaporean High Court litigation, led by James Morgan QC.
- Acting, as sole counsel, to arrest a vessel in relation to a seven-figure Charterparty arbitration concerning breach of an Inter Club Agreement.
- Acting, as sole counsel, in an SCMA Arbitration concerning demurrage.
- Instructed, as sole counsel, by Shipowners to bring an action against cargo interests insurers for General Average Expenditure under an Average Guarantee and an Average Bond.
- Acting in an eight-figure arbitration concerning the abandonment a charterparty, led by Simon Croall QC.
- Instructed, as sole counsel, in relation to an international bunker fraud dispute.
- Drafting Defence Submissions, as sole counsel, in response to a contaminated cargo claim under a pro-forma Vegoil Voyage Charterparty.
- Drafting Claim Submissions, as sole counsel, in relation to sums due for towing services under a BIMCO TOWCON contract.
- Advising, as sole counsel, on the availability of an anti-arrest injunction against bunker suppliers in the context of an English law governed supply contract containing a lien clause governed by US law.
- Drafting submissions, as sole counsel, in a dispute concerning the BIMCO Voywar clause.
- Drafting submissions, as sole counsel, in a dispute concerning allegations of inadequate cleaning under the ASBATANKVOY terms.
- Drafting submissions, as sole counsel, in a case concerning the apportionment of loss for a shortage claim under the Inter-Club New York Produce Exchange Agreement 1996.
- Advising, as sole counsel, on the recoverability of fees incurred by Charterers against Owners upon failure of an Asian Gypsy Moth inspection in Canada.
