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 often led in complex high-value, international cases:
- Trafigura v Gupta in which he is acting for the Claimant in a US$600 million international nickel fraud (led by Nathan Pillow KC).
- E,D & F Man Capital Markets Limited v Come Harvest Limited & others [2022] EWHC 229 (Comm) in which he acted for the Tenth Defendant in a US$300 million fraud concerning forged warehouse receipts in the context of commodities repurchasing agreements (led by David Lewis KC), which went to the Court of Appeal twice: on jurisdiction, [2019] EWCA Civ 2073, and on the application of the res inter alios acta principle, [2022] EWCA Civ 1704.
- Durnont Enterprises Limited v Fazita Investment Ltd[2023] EWHC 1294 (Ch) in which he acts for the Claimant in a €100 million Part 19 derivative fraud claim (led by Philip Riches KC). The Court of Appeal considered aspects of the High Court’s decision on permission to continue the derivative action under CPR Part 19 at [2024] EWCA Civ 299.
- Newco 10 SARL v Formal Holdings Limited, in which he acts for the Claimant in a €100 million conspiracy to defraud a company by its CEO and his co-conspirators (led by Andrew Ayres KC), during which he appeared unled in an application to uplift security for costs, [2023] EWHC 1112 (Comm).
- Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd v Precious Shipping Public Co. Ltd [2021] 1 Lloyd’s Rep. 413, in which Butcher J held that the prevention principle did not apply to the amended SAJ Form in the context of 11 inter-linked ship-building arbitrations (led by Duncan Matthews KC and Roderick Cordara KC).
- Nigerian AGIP Exploration Ltd v GEC Petroleum Development Company Ltd [2021] EWHC 1412 (Comm) in which he obtained an anti-suit injunction in support of a US$200 million ICC arbitration concerning oil rights in Nigeria (led by Sara Masters KC).
Andrew also acts regularly as sole counsel:
- Renaissance Securities (Cyprus) Limited v Chlodwig Enterprises Limited [2023] EWHC 3160 (Comm) – Acting in a US$130 million anti-suit injunction to support London arbitration (led by Paul Lowenstein KC) and acted sole counsel in this hearing which considered the requirements for naming individuals in a penal notice and dispensing with personal service for the purposes of anticipated contempt proceedings.
- LCIA Arbitration – Acting as sole counsel in a US$40 million and a US$10 million commodities dispute.
- Horizon Maritime Services Ltd v CNS Marine Nigeria Ltd [2023] EWHC 1419 (Comm), which established that it is not necessary to obtain permission to serve out an order with a penal notice on named directors who were not parties to the proceedings but could be the subject of later contempt proceedings. This issue arose in the context of the Claimant obtaining an asset disclosure order to enforce unpaid arbitration awards.
- Giddens v Frost [2022] EWHC 1022 (Comm), in which he acted in a full day of cross-examination in the High Court on limitation in a fraud claim.
- 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).
- Schenker Ltd v Negocios Europa Ltd [2018] 1 WLR 718, in which he successfully extended the freight rule to airfreight.
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 2022 and 2023 for both shipping (Tier 4) and commodities (Tier 3).
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Example cases
- Acting for the claimant in Renaissance Securities v Chlodwig Enterprises Limited and ors [2023] EWHC 2816 (Comm) (led by Paul Lowenstein KC) where the Commercial Court granted an ex parte anti-suit injunction and an anti-anti-suit injunction to protect a London-seated arbitration agreement and to restrain the respondents from continuing proceedings which they had started against the applicant in Russia.
- E,D & F Man Capital Markets Limited v Come Harvest Limited & others [2022] EWHC 229 (Comm) in which he acted for the Tenth Defendant in a US$300 million fraud concerning forged warehouse receipts in the context of commodities repurchasing agreements (led by David Lewis KC), which went to the Court of Appeal twice: on jurisdiction, [2019] EWCA Civ 2073, and on the application of the res inter alios acta principle, [2022] EWCA Civ 1704.
- Durnont Enterprises Limited v Fazita Investment Ltd [2023] EWHC 1294 (Ch) in which he acts for the Claimant in a €100 million Part 19 derivative fraud claim (led by Philip Riches KC).
- Newco 10 SARL v Formal Holdings Limited, in which he acts for the Claimant in a €100 million conspiracy to defraud a company by its CEO and his co-conspirators (led by Andrew Ayres KC), during which he appeared unled in an application to uplift security for costs, [2023] EWHC 1112 (Comm).
- Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd v Precious Shipping Public Co. Ltd [2021] 1 Lloyd’s Rep. 413, in which Butcher J held that the prevention principle did not apply to the amended SAJ Form in the context of 11 inter-linked ship-building arbitrations (led by Duncan Matthews KC and Roderick Cordara KC).
- Nigerian AGIP Exploration Ltd v GEC Petroleum Development Company Ltd [2021] EWHC 1412 (Comm) in which he obtained an anti-suit injunction in support of a US$200 million ICC arbitration concerning oil rights in Nigeria (led by Sara Masters KC).
- Giddens v Frost [2022] EWHC 1022 (Comm), in which he acted in a full day of cross-examination in the High Court on limitation in a fraud claim.
- 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).
- Schenker Ltd v Negocios Europa Ltd [2018] 1 WLR 718, in which he successfully extended the freight rule to airfreight.
- Acted in an eight-figure CMA fraud claim relating to the sale of five vessels (led by Tim Young KC).
- Advised in Suppipat v Narongdej, which concerned a US$2 billion fraud relating to shares in a Thai wind farm and cited in The Lawyer’s Top 20 cases of 2022 (led by Philip Edey KC).
- Acted 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 (led by Blair Leahy KC).
- Appeared at the return date of an anti-suit injunction concerning issues of contractual formation and Malaysian law (led by Michael Nolan KC, Quadrant Chambers).
- Acting (unled) in a worldwide asset disclosure order to enforce four multi-million-dollar arbitration.
- Acted as for a tech start up in obtaining emergency Norwich Pharmacal relief following the misdirection of funds due to a cyber-security breach.
Banking and financial services
- Renaissance Securities (Cyprus) Limited v Chlodwig Enterprises Limited [2023] EWHC 3160 (Comm) – Acting in a US$130 million anti-suit injunction to support London arbitration (led by Paul Lowenstein KC) and acted sole counsel in this hearing which considered the requirements for naming individuals in a penal notice and dispensing with personal service for the purposes of anticipated contempt proceedings.
- Acted in an international arbitration with issues of joint-venture financing in Africa (led by Luke Pearce KC).
- Advised shipowners in resisting a nine-figure action brought in Hong Kong by a major international bank under four inter-linked ship-mortgages (led by Sean Snook).
- Acted for a tech start up in obtaining emergency Norwich Pharmacal relief following a cyber-fraud.
- Advised 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).
- 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 for the claimant in Renaissance Securities v Chlodwig Enterprises Limited and ors [2023] EWHC 2816 (Comm) (led by Paul Lowenstein KC) where the Commercial Court granted an ex parte anti-suit injunction and an anti-anti-suit injunction to protect a London-seated arbitration agreement and to restrain the respondents from continuing proceedings which they had started against the applicant in Russia.
- Trafigura v Gupta in which he is acting for the Claimant in a US$600 million international nickel fraud (led by Nathan Pillow KC).
- E,D & F Man Capital Markets Limited v Come Harvest Limited & others [2022] EWHC 229 (Comm) in which he acted for the Tenth Defendant in a US$300 million fraud concerning forged warehouse receipts in the context of commodities repurchasing agreements (led by David Lewis KC), which went to the Court of Appeal twice: on jurisdiction, [2019] EWCA Civ 2073, and on the application of the res inter alios acta principle, [2022] EWCA Civ 1704.
- Durnont Enterprises Limited v Fazita Investment Ltd[2023] EWHC 1294 (Ch) in which he acts for the Claimant in a €100 million Part 19 derivative fraud claim (led by Philip Riches KC). The Court of Appeal considered aspects of the High Court’s decision on permission to continue the derivative action under CPR Part 19 at [2024] EWCA Civ 299.
- Newco 10 SARL v Formal Holdings Limited, in which he acts for the Claimant in a €100 million conspiracy to defraud a company by its CEO and his co-conspirators (led by Andrew Ayres KC), during which he appeared unled in an application to uplift security for costs, [2023] EWHC 1112 (Comm).
- Giddens v Frost [2022] EWHC 1022 (Comm), in which he acted in a full day of cross-examination in the High Court on limitation in a fraud claim.
- 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).
- Acted in an eight-figure freezing injunction relating to unpaid arbitration awards concerning a Kyrgyz gas dispute.
- Acted 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 (led by Blair Leahy KC).
- Acted for a tech start up in obtaining emergency Norwich Pharmacal relief following the misdirection of funds due to a cyber-security breach.
- Acting in a number of alleged seven-figure frauds relating to sale of yachts.
- Acted in an eight-figure LCIA Arbitration concerning an action being brought on allegedly forged documents following the breakdown of a Ukrainian joint venture (led by Paul Lowenstein KC).
- Acted in a six-figure fraud in relation to a property development contract (led by James Ramsden KC, Astraea Group).
- Acting in a number of emergency freezing injunctions and Norwich Pharmacal Orders in the context of a seven-figure cyber-fraud and unpaid arbitration awards.
Insurance and reinsurance
- Advised numerous businesses on their business interruption coverage for COVID-19 under Combined ‘All Risks’ Policies.
- Acted for the assured in a seven-figure hull claim relating to perils of the sea encountered during a break up voyage with tug.
- Acted in a seven-figure dispute concerning allegations of breach of class warranty.
- Acted in a dispute concerning material non-disclosure.
- Defended a claim on the basis of fraud by the insured due to a gross exaggeration of the loss suffered.
- Acted in a subrogation recovery claim concerning ownership of a bespoke six-figure diamond ring.
- Advised on The Cyber Attack Exclusion Clause (CL380).
- Advised 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 on waiver of LLMC Limits.
International arbitration
- Renaissance Securities (Cyprus) Limited v Chlodwig Enterprises Limited [2023] EWHC 3160 (Comm) – Acting in a US$130 million anti-suit injunction to support London arbitration (led by Paul Lowenstein KC) and acted sole counsel in this hearing which considered the requirements for naming individuals in a penal notice and dispensing with personal service for the purposes of anticipated contempt proceedings.
- Horizon Maritime Services Ltd v CNS Marine Nigeria Ltd [2023] EWHC 1419 (Comm), which established that it is not necessary to obtain permission to serve out an order with a penal notice on named directors who were not parties to the proceedings but could be the subject of later contempt proceedings. This issue arose in the context of the Claimant obtaining an asset disclosure order to enforce unpaid arbitration awards.
- Nigerian AGIP Exploration Ltd v GEC Petroleum Development Company Ltd [2021] EWHC 1412 (Comm) in which he obtained an anti-suit injunction in support of a US$200 million ICC arbitration concerning oil rights in Nigeria (led by Sara Masters KC).
- Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd v Precious Shipping Public Co. Ltd [2021] 1 Lloyd’s Rep. 413, in which Butcher J held that the prevention principle did not apply to the amended SAJ Form in the context of 11 inter-linked ship-building arbitrations (led by Duncan Matthews KC and Roderick Cordara KC).
- Assisted Singaporean Counsel with an appeal to the Singaporean Court following an award on jurisdiction by a SIAC Tribunal.
- Acted in an eight-figure LCIA Arbitration concerning an action being brought on allegedly forged documents following the breakdown of a Ukrainian joint venture (led by Paul Lowenstein KC).
- Defended 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 (led by Michael Ashcroft KC).
- Acted in an international arbitration with issues of joint-venture financing in Africa (led by Luke Pearce KC).
- Obtained an emergency anti-suit injunction to restrain foreign proceedings brought in breach of an arbitration agreement (led by Vasanti Selvaratnam KC).
- Acted 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 KC).
- Acted for a Private Equity Company in an SCC Arbitration concerning issues of contractual formation and the conflict of laws.
- Drafted submissions in a seven-figure LCIA Arbitration representing a ultra-high-net-worth individual client in relation to the sale of a bank.
- 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 68 of the Arbitration Act 1996 (led by Tim Hill KC).
- Assisted John Robb (Essex Court Chambers) with the underlying arbitration and application in Union Marine Classification Services LLC v Comoros [2015] EWHC 508 (Comm).
International commercial litigation
- Horizon Maritime Services Ltd v CNS Marine Nigeria Ltd [2023] EWHC 1419 (Comm), which established that it is not necessary to obtain permission to serve out an order with a penal notice on named directors who were not parties to the proceedings but could be the subject of later contempt proceedings. This issue arose in the context of the Claimant obtaining an asset disclosure order to enforce unpaid arbitration awards.
- E,D & F Man Capital Markets Limited v Come Harvest Limited & others [2022] EWHC 229 (Comm), in which he acted for the Tenth Defendant in a US$300m fraud concerning forged warehouse receipts in the context of commodities repurchasing agreements (led by David Lewis KC), which went to the Court of Appeal twice: on jurisdiction, [2019] EWCA Civ 2073, and on the application of the res inter alios acta principle, [2022] EWCA Civ 1704.
- Durnont Enterprises Limited v Fazita Investment Ltd [2023] EWHC 1294 (Ch) in which he acts for the Claimant in a €100 million Part 19 derivative fraud claim (led by Philip Riches KC).
- Newco 10 SARL v Formal Holdings Limited, in which he acts for the Claimant in a €100 million conspiracy to defraud a company by its CEO and his co-conspirators (led by Andrew Ayres KC), during which he appeared unled in an application to uplift security for costs, [2023] EWHC 1112 (Comm).
- 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 in the context of 11 inter-linked ship-building arbitrations (led by Duncan Matthews KC and Roderick Cordara KC, Essex Court Chambers).
- Nigerian AGIP Exploration Ltd v GEC Petroleum Development Company Ltd [2021] EWHC 1412 (Comm), in which he obtained an anti-suit injunction in support of a US$200 million ICC arbitration concerning oil rights in Nigeria (led by Sara Masters KC).
- Giddens v Frost [2022] EWHC 1022 (Comm), in which he acted in a full day of cross-examination in the High Court on limitation in a fraud claim.
- 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).
- Schenker Ltd v Negocios Europa Ltd [2018] 1 WLR 718, in which he successfully extended the freight rule to airfreight.
- Acted for a large group of claimants in their action for breach of the GDPR following a cyber-security breach of British Airways’ systems.
- Advised a major Formula 1 team on obtaining an urgent injunction from the Commercial Court to restrain a breach of contract (led by Edmund King KC).
- Acting in a six-figure fraud in relation to a property development contract (led by James Ramsden KC).
- Advised a major international airline on its obligations under a seven-figure landing gear servicing contract (led by Edmund King KC).
- Acting in numerous cases to obtain emergency freezing injunctions and Norwich Pharmacal Orders in the context of a seven-figure cyber-fraud.
- Instructed to advise in a seven-figure Term Facility Agreement and related Share Pledge dispute.
- Advised on the availability of an interim ‘Asset Preservation Order’ from the Commercial Court in support of anticipated seven figure Luxembourg proceedings.
- Appeared 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 KC).
Shipping
- LCIA Arbitration – Acting as sole counsel in a US$40 million and a US$10 million commodities dispute.
- Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd v Precious Shipping Public Co. Ltd [2021] 1 Lloyd’s Rep. 413, in which Butcher J held that the prevention principle did not apply to the amended SAJ Form in the context of 11 inter-linked ship-building arbitrations (led by Duncan Matthews KC and Roderick Cordara KC).
- Acted in four interlinked shipbuilding arbitrations concerning technical issues in relation to the operation of stern tube bearings (led by Vasanti Selvaratnam KC).
- Acted in a shipbuilding arbitration concerning allegations of delay and a claim for repayment of instalments (led by Nigel Eaton KC).
- Schenker Ltd v Negocios Europa Ltd [2018] 1 WLR 718 where he successfully extended the law so that the freight rule applies to airfreight.
- Acted in an eight figure CMA fraud claim relating to the sale of five vessels (led by Tim Young KC).
- Acted in a worldwide asset disclosure order to enforce four multi-million-dollar arbitration awards.
- Acted a SIAC arbitration concerning short delivery of cargo (led by Nakul Dewan KC).
- Acted in a seven-figure LMAA arbitration concerning an alleged dangerous cargo of used cars and crew negligence in fire-fighting (led by Julian Kenny KC).
- Appeared at the return date of an anti-suit injunction concerning issues of contractual formation and Malaysian law (led by Michael Nolan KC).
- Advised on charges for detention of containers in India following government restrictions related to COVID-19 (led by Michael Collett KC).
- Defended 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 (led by Michael Ashcroft KC).
- Acting in a number of alleged seven-figure frauds relating to sale of
- Acting in a seven figure ICA and LOI claim concerning damage to cargo following loading in rain.
- Advised owners on whether COVID-19 constitutes a force majeure event in the context of a charterparty dispute.
- Acted in an appeal to the GAFTA Board of Appeal in relation to a seven-figure commodities dispute.
- Advised 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 KC, Astaea Group).
- Arrested a vessel in relation to a seven-figure Charterparty arbitration concerning breach of an Inter Club Agreement.
- Acted in an SCMA Arbitration concerning demurrage.
- Acted in an eight-figure arbitration concerning the abandonment a charterparty (led by Tim Hill KC).
- Acted in a contaminated cargo claim under a pro-forma Vegoil Voyage Charterparty.
- Acted in a claim for sums due for towing services under a BIMCO TOWCON contract.
- Advised 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.
- Acted in a claim for inadequate cleaning under the ASBATANKVOY terms.
- Advised on the recoverability of fees incurred by Charterers against owners upon failure of an Asian Gypsy Moth inspection in Canada.
