Commercial
Andrew has considerable experience of complex commercial disputes, including disputes involving issues of jurisdiction and conflict of laws, and complex technical evidence.
Selected Cases
- Advising on $100 million international loan transaction in relation to assets in South America Acting on substantial claim in respect of cross-border sales transaction in connection with interim and thereafter permanent anti-arbitration injunction – see Whitworths v Synergy [2014] EWHC 4239 (Comm) (Cooke J)
- Acting in £multi-million dispute relating to advertising on the London Underground
- Acting on behalf of the buyers in a £20 million ICC arbitration arising out of a cross border sale of defective electrical products
- Acting in $multi-million LMAA shipbuilding arbitration relating to the design and construction of one of the largest vessels of its kind in the world. The case has involved a number of preliminary issues relating to the construction of the contract and the existence and treatment of design defects, the operation of clauses relating to retention and security, and waiver and estoppel
- Acting on behalf of the lessees in the Magna Park litigation relating to a £150 million claim arising out of a fire at a warehouse at Magna Park distribution centre in central England
- Acting in relation to the underlying claim and associated coverage dispute coverage arising out of a £4.5 million fire at recycling centre
- Acting on behalf of the suppliers of motor industry tooling in relation to a claim for c £8million
- Acting for a major hotel group in relation to a jurisdictional dispute arising out of a £2million claim for commission
- Acting in relation to a dispute over European tax liabilities arising out of a substantial share purchase agreement
- Acting in relation to number of £multi-million railway industry disputes (£5-£10 million) concerning the repair of rolling stock, track maintenance and the fitness for purpose of various components
- Acting on behalf of the building owners in relation to a £3 million dispute arising out of the failure of a CO2 fire extinguishment system
- Acting on behalf of the buyers in a £multi-million sale of goods/product liability claim relating to the supply of printing industry plant and equipment arising out of a fire in Northern England
- Acting on behalf of the German tower crane manufacturer in relation to a £10 million dispute arising out of an accident at Canary Wharf. This involved a preliminary issue of jurisdiction under the Judgment Regulation – see Hewden Tower Cranes Ltd v Wolffkran GmbH [2007] 6 BLR 273
- Acting on behalf of the Japanese manufacturers of sophisticated industrial printing presses in relation to a 10 million product liability claim arising out of a substantial fire at factory premises. In addition to complex technical evidence, the case gave rise to a novel question as to statutory interpretation and the operation of The Supply of Machinery (Safety) Regulations 1992 and The Machinery Directive 89/392/EEC – see Vibixa & Polestar Jowetts v Komori (UK) Ltd et al [2006] 1 WLR 2472 (CA) (2004-2006)
- Acting in relation to a series of product liability claims £100 million arising out of the discolouration of uPVC. These cases involved eminent scientific experts from around the world in a number of different fields. In addition, one such case involved substantial issues in relation to the disclosure of confidential information – see Premier Profiles Limited v Tioxide Europe Limited and Kronos Inc [2002] 10 BLR 467
- Acting and advising in relation to a number of lengthy disputes arising out of a series of complex aircraft leasing agreements, including an action in the Commercial Court relating to letters of credit in the region of US$30 million. The issues involved have included rights of termination, restraint of trade, waiver, estoppel and remedies of specific performance, and, in addition, interesting questions of privilege and confidentiality
- Acting on behalf of a major finance house in relation to a number disputes arising out of very substantial commercial leasing agreements. The issues involved have included penalty clauses, misrepresentation, mistake, exclusive remedies clauses, exclusion clauses, repudiatory breach and affirmation
- Advising in relation to warehousing and distribution agreements (involving issues in relation to bailment, termination, liens and retention of title clauses)
- Acting on behalf of manufacturers of components for commercial vehicles in the context of a substantial product liability claim
Awards
News
- Sky & Mace v Riverstone Managing Agency & Ors [2023] EWHC 1207 (Comm)
- Members of Chambers recognised by the Legal 500 EMEA 2023 for their construction expertise in the Middle East
Events
Qualifications
- 1986-1989 Christ’s College, Cambridge, MA, English Tripos
- 1989-1990 Japan Exchange and Teach (“JET”) Programme: British Government/Japanese Government programme teaching English near Tokyo
- 1990-1991 The City University, Diploma in Law (Distinction)
- 1991-1992 Gray’s Inn: Uthwatt Scholar, Mooting Award, United States Moots Tour (1993)
Memberships
- Commercial Bar Association
- Technology and Construction Bar Association (former Committee member)
- Society of Construction Law
- Society of Construction Law (Gulf)
- London Common Law and Commercial Bar Association
- Professional Negligence Bar Association
- LCIA
Recommendations
“Andrew is extremely bright, exceptionally hardworking, incredibly charming and an absolute pleasure to work with. He has a rare quality of being very charming in his dealings with the tribunal so as to command respect at all times, yet at the same time conducting cross-examination robustly and aggressively as required… His work is meticulous, considered and precise, and solicitors and lay clients really value what he has to say… Andrew is detail oriented and an excellent communicator. He is also charming; the sort of silk who you want to introduce to clients as you know they will warm to him…Happy to roll his sleeves up, he is extremely bright and grasps the technical detail of energy disputes incredibly quickly, and his advocacy is impressive…Great to work with and meticulous in his analysis. Andrew becomes a real team member and there are no airs and graces.”
Legal 500, 2023
“.. eminent silk…sought after by clients around the globe…a brilliant mind with a great eye for detail. A delight to work with…fiercely intelligent, can recite case law in his sleep…an exceptional and superb advocate…very impressive when cross-examining expert witnesses … absolutely at the top of his field… incredibly responsive and very on top of the detail… a true gentlemen – very hard-working and charming while also being a very effective cross-examiner…”
Chambers & Partners, 2023
“Exceptionally intelligent, extremely hard-working, impeccably mannered, a brilliant advocate, a wise strategist, and a thoroughly decent human being…”… “Extremely personable, focused and brilliant, supportive and thoughtful of instructing counsel, a pleasure to work with.”… “Attentive, thoughtful, commercially-minded, intelligent and very easy to work with, he commands great respect from his peers.”
Legal 500, 2022
“an eminent” and “go-to” silk with an “unbelievable interest in the detail of a case”. “He is phenomenal…exceptional team player..” “ Andrew is fantastic….very experienced advocate….pleasure to work with” “… an exemplary QC with.. incredible legal skills and commercial acumen” “…an incredibly effective advocate” and “fantastically user-friendly”
Chambers & Partners, 2022
“Tremendous: enthusiastic, hardworking, smooth with clients and imbued with a calm authority.”
Legal 500 EMEA, 2021
“…extremely thorough and clever…a ruthless cross-examiner… phenomenally good with clients… gives them comfort and confidence…an absolute pleasure to work with, extremely accommodating and willing to go the extra mile…very impressive, calm and intellectual… respected lawyer who is well liked by judges…his standout strength is his technical ability and his breadth of knowledge across insurance, construction and arbitration issues… a superb command of the subject matter of any case…”
Chambers & Partners, 2021
“Extremely bright and meticulous – a first-class silk!”; “He is ferociously hardworking, utterly charming, forensic, responsive and eloquent.”; “A fantastic QC with a great eye for detail”
Legal 500, 2021
“…extremely clever, invariably charming, incredibly hardworking and a persuasive advocate”; “a fantastic QC with a great eye for detail; his client care is second to none”; “unfailingly diligent, charm personified, willing to roll his sleeves up and get in the trench with you…”
Legal 500, 2020
“Eminent silk…incredibly intellectual, phenomenally hard-working and accessible…phenomenal in his client handling and willingness to roll his sleeves up; a superb advocate…very thorough, very rigorous, very clear and a delight to work with…he is sought after by clients around the globe…very bright, easy to work with and a team player…unflappable and an excellent advocate…”
Chambers & Partners, 2020
“Eminent silk who regularly acts in high-value litigation and arbitration in the UK and internationally. His work on construction cases in the energy sector elicits particular praise…exceptional service…real team player… a considerable intellect, great attention to detail and very incisive cross-examination…A truly impressive advocate”
Chambers & Partners, 2019
