Insurance & Reinsurance
Andrew has wide experience of CAR/EAR policies (including DE and LEG clauses), property risks, life and PHI cover, professional indemnity policies, PL and EL policies, product liability policies, including coverage disputes, fraud, nondisclosure, misrepresentation, moral hazard and co-insurance and Business Interruption. He acted for the successful party in the leading case on the effect of non-compliance with a notification clause in a liability policy which is not expressed to be a condition precedent.
Listed as a Leading Silk in Chambers UK (2023) and Legal 500 (2023)
Selected Cases
- Acting on behalf of Zurich in the FCA coronavirus test case (FCA v Arch et al), a landmark insurance claim to determine whether certain non-damage BI wordings provide cover in relation to the COVID-19 pandemic. The first instance judgment of Flaux LJ and Butcher J is at [2020] EWHC 2448 (Comm) and [2020] Lloyds Rep IR 527, and the judgment of the Supreme Court is at [2021] UKSC 1
- Advising on coverage in respect of property damage claims in respect of a major overseas loss arising out of a tunnel collapse amounting to $1 billion
- Advising on £several hundred million coverage dispute in relation to alleged defects in a series of residential buildings
- Acting in relation to a c £100 million claim under a project CAR policy in relation to defects in a flagship building in Europe, including issues as to the application and construction of DE/LEG clauses
- Advising in connection with a $70 million coverage dispute under a PI policy in relation to defects arising out of the design and construction of a major road project
- Acting for Insurers in relation to a c$50 million ICC arbitration concerning coverage under an EAR policy for the catastrophic failure of a gas turbine at a power station in the Indian sub-continent, including the application and construction of extended maintenance cover, and DE3/LEG2 clauses
- Acting in a $multimillion ICC reinsurance arbitration arising out of a construction project in the Middle East
- Acting in relation to coverage disputes (including as to the scope of LEG clauses) involving c$100m arising out of a major infrastructure project in the Middle East
- Acting in £multi-million coverage dispute concerning a landmark hotel in central London
- Acting in relation to a c £50 million coverage dispute (including as to the effect of LEG clauses) concerning defects at an energy from waste and CHP plant in Europe
- Acting in £multi-million domestic insurance arbitration arising out of the construction of a number of schools under a PFI project and relating to a claim under a CAR policy, which involved (amongst other things) consideration of the operation of DE clauses, the application of principles of waiver and estoppel, gradual deterioration and gradually operating causes exclusions and limitation
- Acting in relation to c£150 million notification dispute concerning alleged defects in a waste energy plant in Europe
- Acting in relation to £tens of millions and £hundreds of millions disputes concerning allegedly defective cladding and fire stopping in the wake of the Grenfell disaster
- Advising in relation to a c £50 million claim under a professional indemnity policy arising out of major infrastructure project
- Advising in relation to c £100 million claim under professional indemnity policy arising out of the construction of a major public facility
- Advising in connection with a c£50 million coverage dispute arising out of a major energy project
- Advising in relation to a £multi-million coverage dispute concerning the scope of a Products Liability policy in the context of a claim arising out of a £multi-million construction contract
- Acting £multimillion coverage dispute relating to damage/defects affecting major hotel development in the UK
- Advising on avoidance for non-disclosure and coverage in relation to £ tens of million coverage dispute relating to a major product recall
- Advising insurers on coverage issues relating to non-disclosure and misrepresentation, waiver and estoppel, in connection with a number of Employer’s Liability policies in relation to accidents on construction sites
- Acting in relation to c £ 50 million coverage dispute concerning a major UK retail and leisure development, involving (amongst other things) issues as to the proper construction and application of DE exclusions
- Advising insurers on the scope of a hot works warranty in the context of a £multi-million coverage dispute
- Advising insurers in relation to the scope and application of clauses in Public Liability policies excluding cover for liability arising in contract
- Advising on coverage issues arising out a £30m claim relating to the inter-relationship between indemnity and insurance clauses and co-insurance
- Acting for insurers in relation to a $multi-million LCIA international arbitration in relation to coverage issues arising out of hurricane and flood damage in the US. London seat and English law
- Acting for insurers in connection with coverage issues in relation to a £multi-million claim arising out of hurricane and flood damage in the Caribbean
- Advising on coverage issues in relation to $multi-million claims under property and liability policies in relation to the collapse of a major public building in the Far East, including as to the proper construction of clauses limiting liability for defects and damage similar to DE and LEG clauses.
- Advising on notification (and whether the provisions as to notification were conditions precedent) in relation to a £multi-million claim under a Professional Indemnity policy arising out of the construction of a pier
- Advising on coverage and avoidance (on the grounds of non-disclosure and misrepresentation) in relation to a £multi-million claim arising out of a major industrial fire in central England
- Acting on behalf of insurers in relation to a claim brought under a building guarantee policy – Bache v Zurich Insurance plc [2014] EWHC 2430 (TCC); [2014] Lloyd’s Rep IR 33
- Advising on co-insurance issues in relation to the Magna Park litigation arising out of the £150m fire at a warehouse at Magna Park distribution centre in central England
- Advising on coverage under a CAR policy in relation to a $multi-million claim for damage to a subsea cable
- Advising on coverage under CAR policy in relation to flood damage arising out of the construction of a hotel under a JCT Design and Build Contract
- Advising on coverage in respect of a £multi-million claim under a Public Liability policy arising out of the collapse of part of a stadium in continental Europe
- Advising on insurance issues (including the effect of indemnity and insurance provisions in the underlying construction contract and issues of co-insurance) in relation to £20m claim arising out of fire in central London
- Successfully resisting an application for a declaration that insurers were obliged to indemnify a lessee whose interest was noted on the policy – Eurocrest Ventures v Zurich Insurance [2012]
- Acting on behalf insurers in a TCC trial involving issues relating to causation and the approach to prejudice alleged to have been suffered by insurers as a result of late notification – Milton Keynes BC v Nulty, Wing Bat & NIG [2011] EWHC 2847 (TCC)
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