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Andrew Rigney KC

Call 1992 • KC 2010

"Exceptionally intelligent, extremely hard-working, impeccably mannered, a brilliant advocate, a wise strategist, and a thoroughly decent human being..."
(Legal 500, 2022)

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
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Awards


 

News


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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


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