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.

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.

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.

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.

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.

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.

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.

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.

Trust, probate and succession work is a core aspect of Andrew’s practice. This has been recognised by the directories, with Chambers and Partners (2015) describing Andrew as “increasingly a go-to advocate for solicitors faced with probate disputes and trust administration issues”.

Trusts

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.

As well as his thriving practice acting in relation to English law trusts and settlements, Andrew’s experience encompasses all major offshore trust jurisdictions, including Jersey, Guernsey, the Isle of Man, the Cayman Islands, the BVI, other Caribbean jurisdictions, Bermuda, Gibraltar, and Hong Kong.

As the author of Trust Protectors (Jordans, 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 and company law aspects of private wealth structuring, including by the preparation of trust instruments and ancillary documentation such as letters of wishes.

Cases in this area include:

• Re K Trust (2015): Andrew acted for the successful beneficiaries in an application to remove a protector from office. In a landmark reported decision, the Royal Court of Guernsey confirmed the existence and extent of that jurisdiction in Guernsey, and provided guidance on the application of the Trusts (Guernsey) Law 2007 to protectors.

• Re D, G, L Trusts (2014-15): Andrew acted in these proceedings in Nevis concerning the retention of trust assets by a former trustee of three multi-million dollar settlements.

• Re Yeld Stephens Will Trust (2014): Andrew acted for the trustees of a will trust of Welsh agricultural property with huge development potential. In spite of opposition by one of the beneficiaries, Andrew’s client successfully obtained the court’s directions as to how the property should be administered.

• Re T Trusts (2013-14): Andrew acts for the directors of a corporate protector in this hostile dispute concerning the proper administration of a nine-figure Gibraltar family trust and corporate structure.

• IFG International Ltd v French [2013] WTLR 251: 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: 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.

• Re M Ltd (2009-12): Andrew acted for the English trustee of a complex, multi-jurisdictional trust and corporate structure, which has become 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:

• 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. Andrew’s experience in this niche area includes Macmillan Cancer Support v Hayes [2017] EWHC 3110 (Ch), in which Andrew successfully obtained full relief from forfeiture for the beneficiaries of a man who had unlawfully killed his wife as a ‘mercy killing’; 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 – many of which he has settled at mediation, some of which he has taken successfully to trial, e.g. Re Watkins deceased, Watkins v Smith (2009-12), 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.