James Ladbrook
    James Ladbrook
    Senior Practice Manager
    +44 (0)20 7419 6204
    Lyndon Tiller
    Lyndon Tiller
    Practice Manager
    +44 (0)20 7959 0895
    Contact the Practice Managers

    Andrew is a chancery and commercial specialist, whose highly-regarded practice encompasses trusts, fraud and asset tracing, probate and estate administration, and commercial litigation and arbitration.

    Chambers & Partners recommends Andrew as top-ranked (band 1) practitioner in his fields of expertise, with recent editions praising him as “one of the best of his generation“: a “great strategic thinker“, “incredibly tenacious and creative”, an “accomplished advocate”, and “a master of highly technical areas of law.”

    Andrew is lauded both as “a clear draftsman who produces well-reasoned opinions” and as a highly effective courtroom advocate, with clients praising him as a “wonderful junior who is very good on his feet.” His focus on the client’s commercial outcomes is also the subject of consistent praise in the directories: he is “very responsive”; “a hit with clients”; “really user-friendly”; “very approachable, accessible and practical“… a “very commercial” barrister who “puts his legal knowledge into practice in a fantastic way.” Andrew is similarly recommended in the latest editions of Chambers GlobalChambers High Net WorthLegal 500, Citywealth, and Who’s Who Legal.

    In the United Kingdom, Andrew enjoys a busy and broad-based commercial and chancery practice. He is well known for his trusts, probate and estates work, with Chambers and Partners praising him as “a sought-after junior for his broader traditional chancery expertise“. Andrew is also a sought-after practitioner in relation to complex fraud, asset-tracing and commercial and company/shareholder disputes, particularly where they engage principles of equity.

    Andrew also has an extensive international practice. He has deep international trusts expertise, including acting for the settlors, trustees, beneficiaries and protectors of private trusts, as well as for the institutional custodians, directors and professional advisers of trusts, funds and companies. Client feedback in Chambers and Partners is that he is an “outstanding trusts specialist“, with one client saying that “there is nothing in the trusts world that he is not familiar with.” Andrew also enjoys a highly-regarded practice in the field of international commercial litigation and arbitration, including international fraud and asset-tracing and connected matters engaging principles of international jurisdiction and enforcement. His briefs in this area demonstrate that he is well equipped to navigate clients through the legal and factual complexities inherent in high value international litigation and arbitration.

    Andrew is the author of Trust Protectors (2011), a specialist practitioners’ text on the subject of protectors, and writes and publishes regularly in his fields of expertise.

    Andrew’s reported cases include the following:

    • Volpi v Volpi [2021] EWHC 2143 (Ch); [2022] EWCA Civ 464: Andrew acted for the successful Claimant at both trial and in the Court of Appeal, recovering a CHF 6 million loan together with interest.
    • Richards v Kulczyk [2022] EWHC 863 (Ch) (ongoing): Andrew acts for one of the Defendants to ongoing proceedings claiming c.£7 million under an alleged oral contract and/or in restitution.
    • Re Piedmont & Riviera Trusts [2015] JRC 196; [2016] JRC 016; [2018] JRC 210; [2021] JRC 248: Andrew acted for the applicant beneficiary in this groundbreaking multi-year trust litigation in Jersey, involving (i) setting aside appointments of fiduciaries for irrationality; (ii) setting aside deeds of revocation for undue influence; (iii) the proper role of a protector in consenting to/vetoing a trustee’s decision; and (iv) fiduciary costs in trust proceedings.
    • AB v Line Trust Corporation Ltd [2022] GSC 002: Andrew appeared for the trustees of a nine-figure trust structure. The litigation, which was compromised with the Court’s approval, gave rise to important judgments concerning the privacy of trust proceedings.
    • Dawson-Damer v Grampian Trust Company Ltd (ongoing); Dawson-Damer v Lyndhurst Ltd [2019] SC (Bda) 8 Civ: With Richard Wilson QC, Andrew is acting for the Plaintiff/Claimant in an action in the Bahamas to set aside distributions from a nine-figure trust structure. The action has given rise to proceedings in Bermuda and in England (Dawson-Damer v Taylor Wessing LLP [2017] 1 WLR 3255), which have addressed novel issues including the use of data subject access requests in a trust context and the ability of a trustee to assert privilege against its own beneficiaries.
    • Re X Trusts  [2018] SC (Bda) 56 Civ: With David Brownbill QC and Timothy Sherwin, Andrew acted for a group of beneficiaries in respect of a novel application in Bermuda to remove the directors of Private Trust Companies from office. The matter involved a breakdown in relations concerning a trust structure worth in the region of £5 billion and gave rise to an important judgment concerning the breadth of the court’s supervisory jurisdiction.
    • Akhmedova v Akhmedov [2018] DIFC CFI 011; [2018] DIFC CA 003; [2018] EWFC 23 (Fam); [2018] 3 FCR 135: With Michael Black QC and Dakis Hagen QC, Andrew acted in respect of a major asset tracing exercise arising out of the largest divorce award ever granted by the English High Court. The claim involves in particular steps to enforce that award against MV ‘Luna’, a superyacht valued at in excess of $450 million.
    • Ras Al Khaimah Investment Authority v Bestfort Development LLP [2015] EWHC 3197 (Ch); [2016] 2 CLC 714 (CA); [2018] 3 WLR 1099 (CA): With Stephen Moverley Smith QC, Richard Millett QC and Alexander Pelling, Andrew acted for one of the United Arab Emirates in its claims arising out of an alleged multi-million dollar fraud in the Republic of Georgia. The matter gave rise to important judgments in the Court of Appeal concerning the availability of security for costs and the proper test for the making of freezing injunctions.

    Areas of experience

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    • Banking and Financial Services

      Andrew has acted on multiple civil matters involving an element of financial services law, and is familiar with cases engaging the Financial Services and Markets Act 2000 (‘FSMA’) and derivative secondary legislation. From his work in jurisdictions such as Guernsey and the Cayman Islands, Andrew is also developing an expertise in banking litigation with a cross-border element.

      Recent cases involving elements of banking and financial services law include:

      • Booth v Templeton Insurance Ltd (2011-12): Andrew acted as English counsel in litigation in the Isle of Man concerning unpaid insurance commissions. The UK element of the claim involved the application of the ‘general prohibition’ under FSMA. The matter was successfully settled during trial.
      • Re D Capital (2011-12): Andrew has provided advice to an Islamic Bank involved in a dispute over the ongoing management of a mudaraba arrangement. The matter involves New York law and an English arbitration agreement.
      • S Ltd v W Ltd (2010): Andrew acted for the claimant in a claim pursuant to s.150 FSMA for breach of the Conduct of Business rules.
    • Civil Fraud, Asset Tracing & Recovery

      Andrew has deep expertise in the fraud and asset tracing arena. He has extensive experience of:

      • Proprietary injunctions: Andrew has acted in several matters involving equitable proprietary claims. He has particular expertise in the application of the rules of equitable tracing in identifying the proceeds of fraud.
      • Freezing injunctions: Andrew has acted for both claimants and defendants in litigation involving non-proprietary freezing injunctions, including worldwide freezing injunctions affecting property in several jurisdictions.
      • Other forms of relief: Andrew has acted on claims involving interim applications for the preservation of documents, and on claims against innocent third parties (claims under the Bankers’ Books Evidence Act 1879 or for a Bankers’ Trust order).

      Cases in this area include:

      • Ras Al Khaimah Investment Authority v Bestfort Development LLP [2015] EWHC 1955 (Ch) (and ongoing): With Stephen Moverley Smith QC and Alexander Pelling, Andrew is currently acting for the investment authority of the Emirate of Ras Al Khaimah in complex litigation involving applications for freezing injunctions under s.25 of the Civil Jurisdiction and Judgments Act 1982 s.25.
      • Ongoing fraud litigation (2015-ongoing): Andrew is presently instructed on several ongoing fraud claims, including a claim on behalf of a property development company for fraudulent misrepresentation against a former joint venturer/director; and defending a fraud/constructive trust claim and application for a freezing injunction made against the former employee of a well-known restaurant chain.
      • Re Estate of Hughes deceased (2013-14): Andrew acted on a claim involving allegations against the trustee of a series of investment-grade wine syndicates. The matter included a claim for proprietary remedies and ancillary third party disclosure requests in aid of the tracing claim
      • Re Estate of McPherson deceased (2011-14): Andrew acted for the administrator of an Estate in this successful application for an account of the proceeds of sale of the Deceased’s property. The claim involved tracing through joint bank accounts into property owned by the Defendant, complemented by a range of ancillary disclosure orders under the Bankers’ Books Evidence Act 1879 and pursuant to the Court’s equitable jurisdiction. Andrew also acted to obtain charging orders and orders for sale to enforce the judgment.
      • Re F Management Services GmbH (2011-12): With David Brownbill QC and Michael Gadd, Andrew acted for a defendant to a fraudulent conspiracy claim. The case involved a successful application to vary a worldwide freezing and disclosure order that had the potential to cause irreparable damage to the client’s business.
      • Government of the Commonwealth of the Northern Mariana Islands v Millard (2011-12): Andrew acted for a US governmental authority on enforcement of a series of judgments, including applications for foreign judicial assistance.
      • Premier Business Audio Ltd v Best Audio Company Ltd (2010): Andrew acted for the claimant in a successful application for a proprietary injunction and an ancillary disclosure order. The matter involved allegations of breach of copyright and passing off.
    • Commercial Litigation

      Andrew’s commercial practice runs the full gamut of breach of contract disputes, tortious claims (such as for inducing a breach of contract or conspiracy), and claims involving allegations of breach of fiduciary duty / misfeasance by company directors or other fiduciaries. His experience extends to cross-border commercial litigation, involving advice on the application of conflict of laws rules to commercial disputes.

      Andrew’s experience spans the whole litigation process. He accepts instructions to settle pleadings; he frequently appears on interim applications, such as contested strike-out / summary judgment hearings, applications to contest jurisdiction under Part 11, and applications for disclosure or for further information; and he appears at trial. He also acts in the arbitration and mediation of business disputes.

      Cases in this area include:

      • Ras Al Khaimah Investment Authority v Bestfort Development LLP [2015] EWHC 1955 (Ch) (and ongoing): With Stephen Moverley Smith QC and Alexander Pelling, Andrew acts for one of the Emirates in its claims arising out of multi-million investments made in Georgia.
      • Speechly Bircham LLP v Digby-Rogers (2014-15): Andrew acted for the claimant law firm in its claim on unpaid invoices, including by establishing that the invoices amounted to ‘interim statute bills’.
      • RGI International Ltd v Synergy Classic Ltd (2010-12): With David Brownbill QC and Steven Thompson, Andrew acted for the majority shareholder and for a director in proceedings in the Commercial Court. The claim involved allegations of procuring or inducing a breach of contract and conspiracy.
      • Booth v Templeton Insurance Ltd (2011-12): Andrew acted as English counsel in litigation in the Isle of Man concerning unpaid insurance commissions. The UK element of the claim involved the application of FSMA, the Insurance Mediation Directive, and the Proceeds of Crime Act. The matter was successfully settled during the trial of a claim for an account of commissions due.
      • Re APEX Petroleum (2009): With Martin Mann QC and Tom Montagu Smith, Andrew acted for the defendant to a multi-million dollar claim involving the operation of a jack-up oil rig. Among others, the matter involved courts and arbitral panels in England, New York, Texas and Cameroon.
    • Company

      Andrew has experience of a broad array of company-related matters, many of which have involved an international or cross-border element. His experience includes:

      • Acting on claims for breach of fiduciary duty against company directors;
      • Acting on shareholder disputes under s.994 of the Companies Act 2006;
      • Acting on claims between the company and its shareholders: for example, Andrew recently acted for the defendant shareholder in a claim by the company for the enforcement of an alleged lien over shares;
      • Advising on company procedure generally: for example, Andrew recently advised on the duties of a Chairman at a highly contentious EGM.

      Recent cases engaging company law principles include:

      • Re M (Cayman) Inc (2011-ongoing): Andrew has advised a managing director / minority shareholder in the holding company of a multinational private equity business. The matter involves allegations of fraudulent conspiracy and a deadlock in management.
      • RGI International Ltd v Synergy Classic Ltd and others (2010-ongoing): With David Brownbill QC and Steven Thompson, Andrew acts for the majority shareholder in ongoing litigation between the shareholders of an AIM-listed company. As well as proceedings in London, the matter involved defending an unfair prejudice petition before the Royal Court of Guernsey. The Guernsey proceedings have now been successfully struck out with costs.
      • Re TAL Ltd (2012): Andrew acted for a 50% shareholder in this highly-contentious shareholder dispute involving a petition to wind up the company on the ‘just and equitable’ ground.
      • Project M (2012): Andrew advised on a scheme of arrangement involving the acquisition of a Hong-Kong listed public company.
      • Re Alexander Road Management Company Ltd (2010): Andrew advised on a dispute in relation to the ownership and control of a residential property management company, including construction of shareholder voting rights in the company’s Articles of Association.
    • Hedge Funds & Structured Investment Vehicles

      Andrew has hands-on experience of fund disputes and the particular issues that they generate. He has advised both unredeemed investors and liquidators on the potential claims available to them in relation to both fraudulent and insolvent funds.

      Two recent cases of note are:

      • Re S Capital Management Inc (2012): Andrew advised on claims against the Canadian and Caymanian auditors of a Canadian-domiciled hedge fund, which was later uncovered as a fraud in proceedings before the Ontario Securities Commission. The claims involve questions of jurisdiction and of the application of the principles set out by the House of Lords in Moore Stephens v Stone & Rolls Ltd.
      • Re R Fund LP (2012): Andrew has advised the joint official liquidators of a Cayman-based fund that acted as a Madoff feeder fund. The case involves questions of clawback from redeemed investors; claims following recalculation of the Fund’s NAV; potential mistake claims against counterparties; and potential negligence actions. The matter also involved the insolvency of Lehman Brothers, which had acted as a counterparty to the Fund.
    • Insolvency

      Andrew has a busy insolvency practice, dealing with both company insolvency and bankruptcy work, and encompassing both traditional insolvency procedures and alternative restructuring mechanisms such as company administrations and voluntary arrangements (CVAs and IVAs).

      • Contested winding up / bankruptcy petitions and related litigation (e.g. applications to restrain the presentation or advertisement of a winding up / bankruptcy petition).
      • Applications to rescind/annul winding up/ bankruptcy orders.
      • Orders relating to the conduct of liquidators and trustees in bankruptcy, and to insolvency expenses.
      • Applications to set aside transactions at an undervalue / preferences.
      • Contested administration proceedings (e.g. administration applications; administration appointments; challenges to the conduct of administrators).

      Andrew is also one of the editors of Atkins Court Forms – Company Insolvency (2015, Lexis Nexis), underlining his expertise in this area.

      Cases in this area include:

      • Re Ricketts (a bankrupt) (2015): Andrew successfully opposed an application to annul a bankruptcy order. Similar matters include Schreiber v Tannen Group Limited (2013), Re Martinez (a bankrupt) (2012); and Re Ludi (a bankrupt) (2011).
      • Re C Corporation (2013): In this case a former NASDAQ-listed Cayman company has commenced Chapter 11 proceedings in the United States: Andrew acted on the recognition and enforcement of the Chapter 11 proceedings in the Cayman Islands.
      • Re Eircom (2011): Andrew acted in the restructuring of this major Irish telecommunications company, having advised in particular in relation to disputes with the holders of subordinated debt.
      • Obertor Ltd v Gaetano Ltd (2010-11): Andrew acted as English counsel in Isle of Man proceedings involving a claim to strike out a winding up petition, on the ground that the petition was a form of proceeding for the recovery of a sum payable under a foreign judgment and so prohibited by s.6 of the Judgments (Reciprocal Enforcement) (Isle of Man) Act 1968. The application was eventually settled pending an appeal to the Privy Council.
    • Pensions

      Andrew has an active interest in pension litigation. He has a particular interest in matters involving the overlap between pensions and trust law, and has experience of litigation involving claims against pension trustees for maladministration and breaches of duty. Recent examples of pension-related cases include:

      • Interretire Ltd v HSBC Securities Services (Isle of Man) Ltd (2011-ongoing): With David Brownbill QC, Andrew acts for the former trustee of a Manx pension scheme which is a defendant in a breach of contract / negligence claim in the Isle of Man courts. The claim raises novel issues of the scope of the common law and equitable duties of a trustee.
      • Misys plc v Hammond Suddards Edge (2010), in which he acted with Alan Steinfeld QC in a claim involving the construction of a pension deed.
    • Professional Negligence

      Andrew regularly provides advice and acts in relation to professional negligence matters – particularly those involving professional trustees and investment advisors.

      His recent work includes:

      • Interretire Ltd v HSBC Securities Services (Isle of Man) Ltd (2011-ongoing): With David Brownbill QC, Andrew acts for the former trustee of a Manx pension scheme which is a defendant in a breach of contract / negligence claim in the Isle of Man courts. The claim raises novel issues of the scope of the common law and equitable duties of a trustee;
      • Martin v Durham and another (2009-11): Andrew acted as English counsel for the plaintiff in this long-running professional negligence dispute in Guernsey. The claim was against a trust advisor, and involved an allegation that a negligent recommendation to amend a series of Gibraltar trusts had caused the plaintiff to lose the opportunity to settle divorce proceedings on more favourable terms. The matter was particularly interesting for a novel application of the loss of a chance doctrine described by the Court of Appeal in Allied Maples v Simmons & Simmons. The case culminated in a successful settlement in the month prior to the start of a four-week trial.
      • Facilities Management Ltd v Burton (2010): Andrew acted for the claimant in a claim against an electrician for negligent wiring to a commercial property.
      • Kaushik v NSB Construction (2009-10): Andrew acted for the claimant in a claim against a builder for negligent construction work in renovating a house.
    • Trusts, Probate & Estates

      Andrew is a top-ranked (band 1) barrister for both his trusts practice and his probate and succession practice.

      Trusts

      Andrew is recognised by the legal directories as one of the leading trusts practitioners at the Bar. He is praised as an “outstanding trusts specialist”, who has “incredibly deep knowledge of trusts law.” One commentator said that “there is nothing in the trusts world that he is not familiar with.”

      Andrew has extensive experience acting in cases involving complex, multi-jurisdictional structures, and is regularly instructed to act for trustees, beneficiaries and protectors in relation to breach of trust claims, applications for the removal of trustees or protectors, and in other matters such as hostile construction claims, applications for disclosure and Beddoe applications. Andrew also regularly undertakes VTA applications, Public Trustee v Cooper applications, construction summonses, and other more specialised work pertaining to high-value trust structures.

      Andrew’s experience encompasses all major offshore trust jurisdictions, including Jersey, Guernsey, the Isle of Man, the Cayman Islands, the BVI, The Bahamas, Bermuda, Gibraltar, and Hong Kong. In addition, Andrew enjoys a thriving practice acting in respect of English law inter vivos trusts and settlements, in both contentious and non-contentious cases.

      As the author of Trust Protectors (2011), Andrew has the comprehensive expertise necessary to assist protectors and their professional advisers in understanding the powers, duties and rights conferred on the office. Andrew is also regularly instructed to advise in relation to disputes against or involving protectors.

      In addition, Andrew often advises on the trust, fiduciary, and company law aspects of private wealth structuring, including by the preparation of trust instruments and ancillary documentation such as letters of wishes. Andrew acts as a principal advisor to several multi-billion dollar family wealth holding structures.

      Andrew’s notable trust cases include:

      • UNCITRAL Arbitration (2019-ongoing): With Elspeth Talbot Rice QC, Andrew acts for the settlor and primary beneficiary of a trust structure that holds a systemically important West African business group, in relation to a breach of trust claim by the settlor’s son.

       

      • Dawson-Damer v Grampian Trust Company Ltd(2015-ongoing) (Bahamas)Dawson-Damer v Lyndhurst Ltd [2019] SC (Bda) 8 Civ (Bermuda): With Richard Wilson QC, Andrew is acting for the Plaintiff/Claimant in an action in the Bahamas to set aside distributions from a nine-figure trust structure.

       

      • Re Klein Family Settlement (2018) (Gibraltar): Andrew acted on the first successful application in Gibraltar for the retrospective rectification of a trust instrument.

       

      • Re X Trusts[2018] SC (Bda) 56 Civ (Bermuda): With David Brownbill QC and Timothy Sherwin, Andrew acted for one branch of a family in respect of an application to remove the directors of a PTC of the family’s multi-billion dollar trust structure. Andrew also acted for the family in the associated VTA proceedings.

       

      • Re Piedmont & Riviera Trusts [2015] 2 JLR 52; [2018] 2 JLR 306(Jersey): Andrew acts for a beneficiary in respect of a long-running and contentious family dispute regarding the administration of two Jersey law trusts. The matter has given rise to important judgments concerning the validity of the exercise of a power to appoint new trustees and protectors, and the validity of a purported revocation of the trusts.

       

      • Henchley v Thompson [2017] EWHC 225 (Ch); [2017] WTLR 1289: With Elspeth Talbot Rice QC, Andrew acted for one of the UK’s most successful entrepreneurs in respect of a dispute over the administration of a family trust structure.

       

      • Church Lane Trustees Ltd v Bunyan (2017) (Gibraltar) (and ongoing): Andrew acts for the trustee of a Gibraltar trust in relation to long running litigation concerning the validity of the trust and its administration.

       

      • Line Trust Corporation Ltd v Smith, Re the Elisabeth Trust (2016) (Gibraltar): Andrew acted on a restitutionary claim to recover £4.5 million paid by mistake by a trustee to a non-beneficiary of the trust.

       

      • Re K Trust [2016] WTLR 1225 (Guernsey): Andrew acted for the beneficiaries in the first successful application in Guernsey for the removal of a protector from office.

       

      • IFG International Ltd v French [2013] WTLR 251 (Isle of Man): Andrew acted for the former protector of a series of Isle of Man trusts established by the billionaire Wyly brothers. Andrew’s client sought an indemnity from trust assets in respect of his defence of New York proceedings brought by the SEC alleging, inter alia, that the trusts were shams established as a vehicle for securities fraud. The High Court of the Isle of Man provided valuable new guidance on the role of the trust protector, and in particular on the circumstances in which a protector will be entitled to an indemnity out of trust assets.

       

      • Re A Trust [2012] JRC 169A (Jersey): Andrew acted for the beneficiaries of two Jersey family trusts in this landmark action to remove a protector from office. For the first time in any reported case, the Royal Court of Jersey confirmed that the jurisdiction to remove a protector is analogous with the jurisdiction to remove a trustee and operates on the same principles.

       

      Andrew has extensive expertise acting in relation to matrimonial cases involving trusts and other fiduciary structures, both in the UK and internationally, and has acted for husbands, wives, and third party trustees and fiduciaries. Andrew’s reported cases involving the intersection between trusts and family breakdown include:

      • YM v NM [2020] EWFC 13 (and ongoing): With Jonathan Southgate QC and Patrick Chamberlayne QC, Andrew acts for H in proceedings involving an application by W to set aside a Consent Order on the grounds of duress. Andrew appeared for H in successfully opposing an application by W for a freezing injunction.

       

      • Akhmedova v Akhmedov[2018] EWFC 23 (Fam); [2018] 3 FCR 135: With Michael Black QC and Dakis Hagen QC, Andrew acted for W in respect of global efforts to enforce the largest divorce award ever granted by the English High Court, including an important judgment of the English Family Court ‘piercing the corporate veil’ of the fiduciary structure established by H.

       

      • Line Trust Corporation Ltd v W (2017) (Gibraltar): With Elspeth Talbot Rice QC, Andrew acted for the trustee of a Gibraltar trust structure in relation to hostile matrimonial finance proceedings in the UK. Andrew’s client successfully resisted a jurisdictional challenge and obtained an order from the Gibraltar Court declaring that H and W had been validly excluded from the structure prior to the divorce petition having been lodged.

       

      • D v M & M & M Limited (2011) (Isle of Man)Andrew acted for the English trustee of a complex, multi-jurisdictional trust and corporate structure, which became embroiled in divorce litigation in the Isle of Man involving one of the potential discretionary objects of the trusts. As well as advising generally on the position of the trustees, Andrew acted on several successful Beddoe applications before the English High Court.

       

      Wills, probate and succession

      Andrew has a flourishing practice advising in relation to wills and will trusts, and routinely acts on contentious probate and succession matters, including:

      • Disputes concerning the validity of wills.
      • Claims under the Inheritance (Provision for Family & Dependants) Act 1975.
      • All other probate and succession-related litigation (e.g. claims against executors for maladministration).
      • Professional liability claims involving the preparation of wills.

       

      Andrew also regularly advises on the construction of wills; on issues arising in the administration of estates; on common form probate business (caveats, citations etc); and on the drafting of wills and other succession-planning documentation.

      Cases in this area include:

      • Macmillan Cancer Support v Hayes[2017] EWHC 3110 (Ch): Andrew successfully obtained full relief from forfeiture for the beneficiaries of a man who had unlawfully killed his wife as a ‘mercy killing’.

       

       

      • Schomberg v Taylor [2013] EWHC 2269 (Ch): Andrew acted for one of the parties to an undue influence claim. The case provides useful guidance on the circumstances in which undue influence may be inferred.

       

      • Fischer v Diffley [2013] EWHC 4567 (Ch): Andrew acted for a well-known charitable residuary legatee of a substantial estate. The charity actively defended a challenge to the validity of the deceased’s will based on lack of testamentary capacity and want of knowledge and approval. The matter was compromised on the charity’s part prior to trial.

       

      • Re McPherson deceased, Hewitt v Strachan (2011-14): Andrew acted for the administrator in his successful claim for an account of the proceeds of sale of a property formerly belonging to the deceased. The account gave rise to a substantial judgment, with Andrew also successfully obtained charging orders and Orders for Sale.

       

      • Cases pursuant to the Forfeiture Act 1982: Andrew has particular expertise advising on the effects of the forfeiture rule, and acting for clients seeking relief from forfeiture pursuant to s.2 of the Forfeiture Act 1982. In addition to the Macmillan case referred to above, Andrew’s experience in this niche area includes Re Semmens deceased, Semmens v Hards (2011-12), in which the Claimant assisted his uncle to attend the Dignitas clinic in Zurich, where he committed suicide, and in which Andrew successfully represented the Claimant in his application for relief from forfeiture of his interest in the deceased’s estate; and also Re Patterson (2015) (double manslaughter on the grounds of diminished responsibility); Re Norfolk deceased (2012) (murder); and Re Poxton deceased (2011) (suicide pact).

       

      • Cases pursuant to the Inheritance Act 1975: Andrew has very considerable experience in litigating claims under the Inheritance (Provision for Family and Dependants) Act 1975. He has acted in relation to dozens of Inheritance Act claims – most of which he has settled at mediation, some of which he has taken successfully to trial, e.g. Re Watkins deceased, Watkins v Smith (2012)a very hard-fought Inheritance Act matter, in which Andrew acted for the claimant widower and obtained an award and indemnity costs against the defendants at trial.

    Other information

    • Recommendations

      Legal 500 2022: “Andrew offers the full package. His written work and communication skills are first rate.”

      “He is someone you want on your team and is a pleasure to work with. He is very responsive an easy to work with.”

      Chambers UK Bar & Global 2022: “He is very intelligent, awesome on strategy and great at working with clients.”

      “A good, strategic thinker whose knowledge of offshore trust law is just phenomenal. He does a lot in Bermuda and Cayman and has written a lot on the subject of protectors.”

      Chambers & Partners High Net Worth 2021: Andrew is described as “an immensely respected senior junior” and an “excellent advocate”. “He is my first call on international trust matters. He’s very senior and very intelligent and, awesome on strategy and working with clients.”

      Legal 500 2021: “A strategic thinker and a good communicator.”

      “Is an outstanding junior, incredibly bright and very good and patient with clients.”

      Chambers UK Bar & Global 2021: “Technically excellent but also robust, a barrister you want if you are running a novel argument.” “Commercial, intelligent and approachable.” “Very technical, capable and user-friendly.” 

      “Has an incredibly astute mind and a very very busy practice for a junior. He adopts a lovely down-to-earth approach.”

      Chambers & Partners High Net Worth 2020: “He is fantastic to work with, an exceedingly brainy man and he grasps legal concepts very quickly, makes himself available and is very impressive on client calls… his written and oral advice are both excellent.”

      Legal 500 2019: “A silk in waiting – he has incredible technical knowledge combined with a very dry sense of humour… an accomplished advocate and equally at ease onshore and offshore – he gives concise and clear advice promptly.”

      Chambers UK Bar 2019: “Wise beyond his years and very knowledgeable, he is one of the best of his generation and a great strategic thinker… Very approachable, accessible and practical, he knows everything you need to about trust law and really inspires confidence… He identifies the instrumental points in a case and his advice is always on the button.

      Has incredibly deep knowledge of trusts law.

      Legal 500 2018: “Both academic and user friendly, which is a rare combination… very clever and practical.

      Chambers High Net Worth 2018: “a leading junior… one of the best of his generation… He can deal with incredibly complex and obscure matters in such an efficient way. He can break down and resolve the most difficult and complex issues… He cuts through the faff and makes everything so clear. He has just got experience and expertise beyond his years.” 

      Very skilled, very talented and very bright. He is very academic while also being very commercial in outlook. He puts his legal knowledge into practice in a fantastic way.

      Chambers UK Bar 2018: “Incredibly bright and reassuring for clients. Thorough, approachable and very responsive, he is very good with clients and wins them over with his arguments.

      Imaginative, tenacious and clever, and has a lovely crystalline mind…A wonderful junior who is very good on his feet… A superb practitioner and a real rising star, who is phenomenally bright and articulate.

      Legal 500 2017: “Very bright, quick and easy to work with.

      Chambers High Net Worth 2017: “His young age belies his wisdom and gravitas… He is a superb practitioner and a real rising star. He is phenomenally bright and articulate. He is a really talented advocate and is very good on his feet.

      Chambers UK Bar 2017: “His power of reason and depth of knowledge are very good. He is confident and good on his feet, and he’s also got an engaging personality.

      An outstanding trusts specialist… very intelligent and really gets on top of the evidence… hugely talented and impressive with a masterful command of both the facts and the law… Provides very succinct and very good advice.

      Legal 500 2016: “Has a real depth of understanding in fiduciary matters.

      Chambers High Net Worth 2016: “Very bright and hardworking and produces written work of great clarity. I respect and rely on his advice.

      Chambers UK Bar 2016: “He is so brilliant. Of all the people of his generation he is the brightest.

      Technically highly proficient, reliable, responsive and a pleasure to deal with… very impressive for his level of call and able to hold his own in very senior company.

      Chambers Global 2016: “He is fantastic and a clear draftsman who produces well-reasoned opinions. He is a rising star and his work is excellent.

      Chambers UK Bar 2015: “Technically excellent beyond his years and sees a clear way through knotty problems… Very industrious and tactically astute, and produces first-class written documents.

      Chambers UK Bar 2014: “Equally accomplished at both commercial and private client cases… Very quick to get to the detail and good on his feet… technically excellent and does work beyond his year of call.

      One of the very good things about him is that in addition to his intellect he is very commercial and pragmatic. He knows that the legal answer might not be the right answer for his client.

    • Education
      • BA (Hons.), Oxon., Philosophy and Theology – 1st Class (top of year)
      • M.St. (Research), Oxon.
      • CPE, City University – Commendation
      • BVC, Inns of Court School of Law – Outstanding
      • TEP, Qualified Practitioners’ Route, Society of Trust and Estate Practitioners
    • Scholarships and prizes
      • Elfan Rees Scholarship, Mansfield College, Oxon.
      • Gibb’s Prize in Philosophy and Theology, Oxon.
      • Rebecca Flowers Scholarship in Theology, Oxon.
      • EU Essay Prize, City University
      • Duke of Edinburgh Scholarship, Inner Temple
      • Major Scholarship, Inner Temple
    • Publications
      • Trust Protectors (2011, Jordans)
      • Probate Disputes and Remedies (2014, Jordans, third edition) – contributor
      • Atkins Court Forms – Company Insolvency (2015, LexisNexis) – editor
      • A trustee by any other name: who is a ‘trustee’ for limitation purposes? [2014] 5 JIBFL 334 (with Elspeth Talbot Rice QC)
      • Freezing orders and company assets: the net widens: Corporate Rescue & Insolvency, October 2014 p.181 (with Stephen Moverley Smith QC)
      • Letters of wishes and the ongoing role of the settlor (2014) 20(7) Trusts & Trustees 712 (with Stephen Moverley Smith QC)
      • The arbitration of trust disputes: theoretical problems and practical possibilities (2015) 21(5) Trusts & Trustees 546
      • The trust supervisory jurisdiction: how broad is it really? How far can it be stretched? (2019) 25(5) Trusts & Trustees 523 (with Elspeth Talbot Rice QC)
    • Professional memberships
      • Chancery Bar Association
      • Society of Trust and Estate Practitioners (full member)