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Andrew Rigney QC

Call 1992 • QC 2010

"incredibly clever...a joy to work with, and a very gifted cross- examiner."
(Chambers UK)

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. 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 (2019) and Legal 500 (2018)

Selected Cases

  • 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 £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
  • 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
  • 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)
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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


“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 UK Bar 2019

“Intellectual heavyweight, impeccably polite, a top-class advocate and gets the law right first time, every time…. Intellectually very sharp….charming, diligent, courteous, incredibly hardworking – just an all round delight to work with.”

Legal 500 2018

“He is exceptional, particularly on construction and engineering cases…”

Legal 500 2018

“He has all of the qualities you want in a silk: intellectual ability, good advocacy and incredibly sound advice. He’s invariably excellent…Very measured and very thoughtful. He has a very sensible approach to all the issues.”

Chambers & Partners UK Bar 2018

“An extremely nice person to deal with, who in spite of his pleasant demeanor is utterly ruthless in cross-examination. He appreciates that the devil is in the detail and focuses on the key points…Provides quality advice and quality service. He gets very involved and will always give you an honest opinion up front.”

Chambers & Partners UK Bar 2018

“Not only is he an absolute pleasure to work with, he is extremely intelligent and hard-working…One of the most user-friendly and technically gifted insurance silks. He is very calm under pressure, exceptionally hard-working and very enthusiastic.”

Chambers & Partners UK Bar 2018

“He is sought after by clients around the globe…Tireless work ethic…an excellent lawyer…He’s ahead of everybody else in the room…Eminent silk technically excellent and exceptionally user friendly.”

Chambers UK 2017

“..one of the top QCs in this field – he is intellectually sharp, a real team player, great on his feet, an incisive cross-examiner and fantastic with clients.”

Who's Who Legal UK Bar: Construction 2017

“His infectious energy and drive make him a class act in court…An outstandingly clever barrister.”

Legal 500 2016

“Absolutely first-rate and a delight to work with.”

Chambers UK 2016

“He has a razor-sharp intellect and fantastic attention to detail.”

Legal 500 2015

“A charming and persuasive advocate, a first rate mind and meticulous preparer….supremely gifted, charm personified… supremely clever…incredibly gifted…a devastating cross examiner…”

Legal 500 2014, 2013, 2012


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