Andrew Rigney KC

Property Damage

Andrew has wide experience of property damage litigation, and has been instructed in some of the largest and most complex property damage cases of recent years including the claims arising out of the collapse of the tunnel at Gerrard’s Cross and the Magna Park litigation arising out of the fire at Magna Park distribution centre in central England. He acted on behalf of the successful Respondents in the Court of Appeal in the leading case of Nulty & ors v Milton Keynes BC [2013] EWCA Civ 15 and had recently appeared in the Court of Appeal in Southern Gas Networks plc v Thames Water Utilities Ltd [2018] EWCA Civ 33, in which the Court of Appeal considered (amongst other things) the principles relating to ouster of common law liability by a statutory scheme.

Listed as a Leading Silk in Chambers UK (2023)

Selected Cases

• Advising on coverage in respect of property damage claims in respect of a major overseas loss arising of the collapse of a tunnel collapse amounting to $1 billion
• 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
• Retained in relation to civil claims arising out of the Grenfell Tower fire
• 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 Tower fire
• Acting in relation to tens of millions claim arising out of a major fire at a hotel in the UK
• Acting in relation to c£120 million claim arising out of fire at a major public building in the UK
• Acting in relation to a £multi million claim arising out of a catastrophic fire at state of the art military testing facility
• Acting for the claimants in $multimillion claim arising out of damage to a trading floor following a major fire, including a hotly contested application to amend by substituting the second claimant – TRW & TP ICAP v Whirlpool et al [2020] EWHC 1414 (TCC), [2020] 6 WLUK 62, 190 Con LR 84
• Acting in relation to ICC arbitration concerning $ multi million claim arising out of a major fire at a recycling plant in the Middle East involving (amongst other things) complex issues as to jurisdiction and choice of law and the application of the United Nations Convention on Contracts for the International Sale of Goods.  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 defects, damage and gradually operating causes exclusions
• 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 as to the relationship between indemnity and insurance provisions in the underlying JCT contract in relation to damage to a data centre
• Acting on behalf of Thames Water Utilities Limited at first instance and in the Court of Appeal in a claim concerning the losses which are recoverable under section 82 of the New Streets and Roadworks Act 1991 and the principles governing the statutory ouster of common law liability­ Southern Gas Networks plc v Thames Water Utilities [2016] EWHC 1669; [2018] EWCA Civ 33
• Acting on behalf of the Defendant in £15 million claim arising out of a major fire during the construction of a large commercial development in North London involving issues as to the requisite level of proof and complex evidence as to fire spread
• Acting in $multi-million ICC arbitration arising out of a claim in respect of a fire at a plant in the Middle East
• Acting on behalf of large group of Claimants in multi-party TCC litigation concerning a £20m claim arising out of a major fire at a warehouse in the north of England involving (amongst other things) issues as to contractual limitation of liability clauses and complex evidence as to fire spread
• Acting in a £multi-million TCC claim relating to flooding damage arising out of the construction of a major by-pass in the UK, including advising on the effect on liability of certain insurance provisions
• Acting in a £multi-million TCC claim arising out of fire damage resulting from the failure of a CO2 extinguishment system in an aluminium factory in central England
• Acting on behalf of the insurers of an employer in a claim against architects and engineers in relation to the design of a London hospital arising out of extensive damage resulting from a major fire
• 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
• Representing the successful Respondents in the Court of Appeal in Nulty & ors v Milton Keynes BC [2013] EWCA Civ 15, in which the Court of Appeal considered the correct approach as to competing possible causes in relation to a £4.5 million fire at a recycling centre
• Advising on a £multi-million claim arising out of the Buncefield explosion
• 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
• Advising in relation to issues of notification, coverage and co-insurance arising out of a £multi- million claim concerning damage arising out of a flood alleviation scheme in South East England
• Advising on claims against the architect and engineer in relation to defects in the design and construction of an extension to a factory which resulted in a dust explosion
• Acting on behalf of the German tower crane manufacturer in relation to a £10 million dispute arising out of an accident at Canary Wharf (2006-2007). 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

Awards

News

• Thanks to Richard Lynagh QC – New Joint Heads of Chambers
• Roger ter Haar QC, Andrew Rigney QC and Crispin Winser QC ranked in the Legal 500 EMEA 2021 Edition

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Events

• David Sears QC and Andrew Rigney QC join the Hogan Lovells Middle East Construction Forum panel

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