Picture of  Andrew Lodder

Andrew Lodder

Barrister
Date of call: 2012

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Andrew undertakes a broad range of commercial work.  Formerly a solicitor in New York and London, Andrew transferred to the English Bar in 2012. Since then Andrew has gained a wide range of experience, appearing in his own right in the Court of Appeal, High Court and County Court, and being led in substantial, complex and high-value litigation and international commercial arbitration in England and around the world.  He has a particular interest in unjust enrichment and restitution, which was the subject of his doctorate, and he is the author of a leading text on enrichment (Enrichment in the Law of Unjust Enrichment and Restitution, Oxford, Hart, 2012) that has been cited with approval in the Supreme Court. 

Prior to transferring to the Bar, Andrew undertook his training with the State Solicitor’s Office of Western Australia (2006), taught private law (particularly equity and trusts) at the University of Oxford (2008-2010) and practised in New York and London as an Associate at Shearman & Sterling LLP (2011). 

He is also called to the Bar in the state of New York.

Scope of practice

  • Agency
  • Arbitration
  • Asset tracing & freezing orders
  • Banking & financial services
  • Civil fraud
  • Company & Insolvency
  • Conflict of laws & jurisdiction
  • Economic torts
  • Energy, oil & gas and utilities
  • Equity
    (including breach of confidence and breach of fiduciary duty)
  • Insolvency
  • Professional negligence
  • Restitution and unjust enrichment
  • Sale of goods & supply of services
  • Trusts including resulting and constructive trusts

Examples of recent cases

Arbitration
  • Econet Wireless Limited v Delta State Ministry of Finance Incorporated

    Andrew appeared (with Charles Graham QC) for the defendant telecommunications company in a US$5 billion claim in a two-week UNICTRAL arbitration in Lagos, Nigeria. The claim raised complex causation, remoteness and quantification questions, the last of which was dependent on extensive technical and expert valuation evidence. Andrew cross-examined a key technical witness in the case.

  • Nomihold v Mobile Telesystems

    Appearing as Nomihold’s New York counsel and, with Adrian Beltrami QC and Alex Polley, English counsel in an LCIA arbitration claim involving rights and obligations arising from a bond indenture and loan agreement, which raised complex questions of subrogation, recoupment and set-off.

  • Hirco v Hiranandani

    Andrew is acting (with Neil Kitchener QC, Steven Elliott and Tamara Kagan) in related proceedings in the Isle of Man, the Commercial Court and the LCIA arising out of the investment of £350m in Indian real estate developments. Andrew has advised on a host of complex issues in the case, including fraud, jurisdiction, winding up, and breach of fiduciary duties.  Andrew is also acting in the related LCIA proceedings.

  • Acted (with Laurence Rabinowitz QC) for the defendant businessman in an UNCITRAL arbitration of a claim for over US$30 million in damages for breach of contract, breach of fiduciary duty and breach of an arbitral award arising out of a commercial property development investment.

Banking & financial services
  • Credit Suisse AG v Up Energy Group [2014] EWHC 2852 (Comm)

    Andrew appeared (with Daniel Toledano QC) in the Commercial Court for Credit Suisse in an application for an anti-suit injunction to enjoin Californian proceedings arising out of the same facts as Credit Suisse’s claim for enforcement of a HK$234 million put option over securities listed in Hong Kong.

  • Advised a major bank in relation to enforcement of a £2.5 million loan agreement, rectification of the contract and the appointment of receivers.

  • Assisted (during pupillage) David Wolfson QC in advising liquidators in relation to the effect of the guarantees and indemnities provided by banks under the direct debit scheme.

Commercial litigation
  • Renewable Power & Light Ltd v McCarthy Tetrault and ors [2014] EWHC 3848 (Ch)

    Andrew appeared (with Christopher Butcher QC and Jamie Goldsmith) for the defendant accounting company in a five-week Chancery trial of a US$67 million claim that it had negligently approved the claimant for listing on the London Stock Exchange. The case was the first of its kind against a Nominated Adviser and raised novel questions of scope of duty, remoteness, causation and damages in this context.

  • Energy Venture Partners v Malabu Oil & Gas Ltd [2014] EWCA Civ 1295; [2014] EWHC 1390 (Comm); [2014] EWHC 1472 (Comm); [2014] EWCA Civ 537; [2014] EWHC 663 (Comm); [2013] EWHC 2118 (Comm)

    Appeared (with Charles Graham QC) for the defendant Nigerian oil and gas company in a five week Commercial Court trial of a claim for US$200 million in brokerage fees under an alleged oral agreement with the Claimant company, alternatively in contractual quantum meruit or unjust enrichment for the value of the work done. Andrew also appeared in the Court of Appeal in relation to appeals and applications in this case, one of which finally settled the test for fortification in English law. Andrew handled the advocacy in a number of the interlocutory applications, including an application for the payment out of Court of more than US$72 million and a stay application in the Court of Appeal.

  • Credit Suisse AG v Up Energy Group [2014] EWHC 2852 (Comm)

    Andrew appeared (with Daniel Toledano QC) in the Commercial Court for Credit Suisse in an application for an anti-suit injunction to enjoin Californian proceedings arising out of the same facts as Credit Suisse’s claim for enforcement of a HK$234 million put option over securities listed in Hong Kong.

  • Hirco Plc v. Hiranandani & Ors (2013 Folio 174); Hirco Plc v. Hiranandani & Ors (Ord 13/0004)

    Andrew is acting (with Neil Kitchener QC, Steven Elliott and Tamara Kagan) in related proceedings in the Isle of Man, the Commercial Court and the LCIA arising out of the investment of £350m in Indian real estate developments. Andrew has advised on a host of complex issues in the case, including fraud, jurisdiction, winding up, and breach of fiduciary duties.

  • ExxonMobil Chemical Limited v TDG (UK) Ltd and Night Exchange Ltd (2013 Folio 1076)

    Andrew acted for TDG in relation to a Commercial Court claim by two English subsidiaries of the ExxonMobil Corporation for £3 million in allegedly overpaid invoices.

  • Blackrock World Mining Trust Plc v HMRC; Blackrock World Mining Investment Company Limited v HMRC; Blackrock Latin American Investment Trust Plc v HMRC; Blackrock Greater Europe Investment Trust plc v HMRC

    Andrew acted as sole counsel for the various Blackrock entities in related claims for approximately £100 million in tax paid on dividends received by the UK corporate shareholder from non-UK resident subsidiaries. The claims formed part of a Group Litigation Order following the Supreme Court’s decision in the leading case of Test Claimants in the Franked Investment Income Group Litigation [2012] UKSC 19, a case in which Andrew had previously assisted Laurence Rabinowitz QC. The claims raise complex questions of unjust enrichment and restitution of tax in which Andrew specialises.

  • Admetam Business Consultants GmbH v Bruno Magli SpA (2014 Folio 470)

    Andrew appeared in his own for Admetam in the Mercantile Court in relation to its claim for half a million pounds in unpaid invoices and expenses against an Italian fashion house and luxury goods manufacturer, including appearing in opposition to Bruno Magli’s unsuccessful challenge to the jurisdiction of the English Courts.

  • Tata Steel UK Limited v Ancorite Surface Proteciton Limited (2013 Folio 1141):

    Andrew appeared on his own for Tata Steel in the Mercantile Court in relation to its claim for nearly half a million pounds of losses resulting from alleged negligence in the installation of a rubber lining for a crystalliser vessel at a Tata Steel plant.

  • Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue [2012] UKSC 19

    Assisted (during pupillage) Laurence Rabinowitz QC in relation to the unjust enrichment and restitution aspects of the appeal to the Supreme Court.

Company & Insolvency
  • Assisted (during pupillage) David Wolfson QC in advising liquidators in relation to the effect of the guarantees and indemnities provided by banks under the direct debit scheme [2012].

Equity
  • Nomihold v Mobile Telesystems

    Advised (with Adrian Beltrami QC and Alexander Polley) on the New York and English law aspects of an LCIA arbitration claim involving rights and obligations arising from a bond indenture and loan agreement, which raises complex questions of subrogation and set-off.

Professional negligence
  • Renewable Power & Light Ltd v McCarthy Tetrault and ors [2014] EWHC 3848 (Ch)

    See 'Commercial Litigation'. The claim considered novel questions in relation to the alleged negligence of solicitors and nominated advisers in the listing of companies on the London Stock Exchange.

Restitution and unjust enrichment
  • Energy Venture Partners Limited v Malabu Oil and Gas Limited [2014] EWCA Civ 1295; [2014] EWHC 1390 (Comm); [2014] EWHC 1472 (Comm); [2014] EWCA Civ 537; [2014] EWHC 663 (Comm); [2013] EWHC 2118 (Comm)

    Appeared (with Charles Graham QC) for the defendant Nigerian oil and gas company in a five week Commercial Court trial of a claim for US$200 million in brokerage fees under an alleged oral agreement with the Claimant company, alternatively in contractual quantum meruit or unjust enrichment for the value of the work done.  Andrew also appeared in the Court of Appeal in relation to appeals and applications in this case, one of which finally settled the test for fortification in English law. Andrew handled the advocacy in a number of the interlocutory applications, including an application for the payment out of Court of more than US$72 million and a stay application in the Court of Appeal.

    The claimant’s alternative claim for as quantum meruit award raised issues of unjust enrichment and restitution in which Andrew specialises. Andrew wrote his M.Phil thesis on quantum meruit claims and many of the issues raised in the litigation are considered in his book, Enrichment in the Law of Unjust Enrichment and Restitution.

  • Blackrock World Mining Trust Plc v HMRC; Blackrock World Mining Investment Company Limited v HMRC; Blackrock Latin American Investment Trust Plc v HMRC; Blackrock Greater Europe Investment Trust plc v HMRC

    Andrew acted as sole counsel for the various Blackrock entities in related claims for approximately £100 million in tax paid on dividends received by the UK corporate shareholder from non-UK resident subsidiaries. The claims formed part of a Group Litigation Order following the Supreme Court’s decision in the leading case of Test Claimants in the Franked Investment Income Group Litigation [2012] UKSC 19, a case in which Andrew had previously assisted Laurence Rabinowitz QC.

    The claims raised complex questions of unjust enrichment and restitution of tax in which Andrew has a particular expertise.

  • Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue [2012] UKSC 19
    Assisted (during pupillage) Laurence Rabinowitz QC in relation to the unjust enrichment and restitution aspects of the appeal to the Supreme Court.
  • Assisted (during pupillage) Laurence Rabinowitz QC in relation to the unjust enrichment and restitution aspects of the appeal to the Supreme Court.
Sale of goods & supply of services
  • Saunders v Porsche Cars Great Britain
    Acting for the defendant in relation to a High Court claim for approximately £100,000 arising from damage to a luxury motor vehicle, involving issues of negligence, Sale of Goods Act and damages.
  • Obanye v Lloyds TSB Bank Plc (unreported, Judge Walden-Smith, 14 August 2012)
    Appeared for the defendant bank in a two-day trial in the Central London County Court in relation to allegations of negligence, misrepresentation and breaches of the Consumer Credit Act 1974 and Financial Services and Markets Act 2000.

Previous Experience

Associate, Shearman & Sterling LLP [2011]

  • Acted for Jaguar Land Rover and Tata Motors in the issuance of £1 billion of unsecured high-yield bonds in the United States and Europe.
  • Acted for the underwriters in the Royal Bank of Scotland’s £35 billion US Medium Term Notes programme and WKSI-shelf registration programme.
  • Advised (pro bono) interveners in the Ugandan High Court and Supreme Court in relation to the grant of amnesty to Thomas Kwoyelo for war crimes and crimes against humanity.
  • Provided regular corporate and regulatory advice in relation to securities and financial services regulation.

Lecturer, University of Oxford

  • Lecturer in law at Keble College and St Catherine’s College [2008-2010].

  • Coach of the Oxford Philip C. Jessup International Law Moot Court Competition [2008-2009].

 

Articled Clerk, State Solicitor’s Office of Western Australia

  • Completed rotations in the civil litigation, native title and public trustee’s office groups [2006].

  • Appeared for the State in a variety of hearings in the Magistrates Court and District Court relating to the enforcement of judgment debts, criminal injuries compensation and interlocutory applications. Assisted with substantial litigation in the Supreme Court of Western Australia and Federal Court of Australia [2006].

Academic Achievements

Rhodes Scholar, University of Oxford [2006-2010]

Herbert Warren Benefaction, Magdalen College, University of Oxford [2009]

Winner, Shearman & Sterling Oxford Mooting Competition, University of Oxford [2007]

Valedictorian, University of Western Australia [2005]

University of Western Australia Law School Prizes: Frank Edward Parsons Memorial Prize for Most Outstanding Personal Leadership and Service [2005], Best Honours Dissertation [2005], Best Student in the Final Year of the Bachelor of Law [2005], Conflict of Laws [2005], Best Student in the Penultimate Year of the Bachelor of Law [2004], Dean’s List (Best Individual Award) [2004], Jean Rogerson Studentship for the Top-Ranked Honours Entrant [2004], LexisNexis Prize [2004], Corporations Law [2004], Best Student in the First Three Years of the Bachelor of Law [2003], Equity [2002], Best Student in the First Year of the Bachelor of Law [2001]

Australian Champion, ALSA National Paper Presentation Competition [2004]

World Champion and Australian Champion, Philip C. Jessup International Law Moot Court Competition [2003]

Winner, ALSA Australian National Mooting Competition [2003]

Winner, Mallesons Stephen Jacques Open Mooting Competition, University of Western Australia [2003]

Winner, Jackson McDonald Prize for Mooting, University of Western Australia [2002 & 2003]

University of Western Australia Bachelor of Arts Prizes: Jean Rogerson Studentship for the Best Third-Year Student in Political Science [2002] Best Second-Year Student in Political Science [2001] Best First-Year Student in Political Science [2000]

Education

University of Oxford, Magdalen College:

Doctor of Philosophy for the thesis “Principles of Enrichment in the Law of Unjust Enrichment” [2008-2010]
Master of Philosophy with Distinction for the thesis “What is the Basis of Quantum Meruit Claims?” [2007-2008]
Bachelor of Civil Law with Distinction [2006-2007]

University of Western Australia:

Bachelor of Law with First Class Honours (graduated with top First in year) [2000-2005]
Bachelor of Arts with First Class Honours (graduated with top First in year) [2000–2003]

Publications

Enrichment in the Law of Unjust Enrichment and Restitution (Oxford, Hart 2012).
‘Unjust Enrichment and the Assessment of Quantum Meruit Awards’ (2010) 126 LQR 42.
‘Review: The Structure and Justification of Private Law’ [2009] RLR 243.