Picture of  Andrew Lodder

Andrew Lodder

Barrister
Date of call: 2012

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Andrew undertakes a broad range of commercial work.  As well as appearing in his own right in the High Court and County Court, Andrew has experience being led in substantial litigation and international commercial arbitration.  He has a particular interest in unjust enrichment and restitution, which was the subject of his doctoral thesis, and he is the author of a leading text on enrichment (Enrichment in the Law of Unjust Enrichment and Restitution, Oxford, Hart, 2012). 

Prior to transferring to the Bar, Andrew undertook his training with the State Solicitor’s Office of Western Australia (2006), lectured in equity and trusts at Keble College and St Catherine’s College at the University of Oxford (2008-2010) and practised in New York and London as an Associate at Shearman & Sterling LLP (2011).  While at the State Solicitor’s Office, Andrew regularly appeared in the lower courts in Western Australia and assisted in substantial litigation in the Supreme Court of Western Australia and Federal Court of Australia. 

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
  • LCIA Arbitration

    Appearing as New York and English counsel (with Adrian Beltrami QC and Alexander Polley) 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.

  • 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.

  • Assisted (during pupillage) Steven Elliott in an arbitration claim for restitution of VAT refunds that had been paid to the respondent by HMRC.

Banking & financial Services
  • 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
  • Acting as counsel for the claimants in a High Court claim for £500,000 in damages and sums due under a retirement deed and sale and purchase agreement by which the claimants exited a Jersey investment fund.

  • Energy Venture Partners Limited v Malabu Oil and Gas Limited

    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.

  • 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.

  • Saunders v Porsche Cars Great Britain

    Appeared 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.

  • Pothecary v Riahi & Riahi

    Acting for the claimant in the Central London County Court in relation to fraud and breach of contract claims for approximately £200,000 arising from a series of loan agreements involving questions of applicable law and limitation.

  • 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) Ian Glick QC and Orlando Gledhill in Commercial Court proceedings concerning an executive’s share of the proceeds of the sale of a corporate group following the termination of his employment. entitlement to a

  • Assisted (during pupillage) Orlando Gledhill and Michael Fealy in summary judgment proceedings in the Commercial Court concerning the repayment of a loan of over £40 million for the construction of a super-yacht.

  • Assisted (during pupillage) Tim Lord QC and Orlando Gledhill in Commercial Court proceedings alleging breach of confidence in relation to a business opportunity.

  • Assisted (during pupillage) Tim Lord QC and Orlando Gledhill in Commercial Court proceedings alleging a dishonest scheme to defraud foreign investors in a managed fund worth in excess of £200 million.

  • Assisted (during pupillage) Orlando Gledhill in Commercial Court proceedings to recover a €2 million loan in anticipation of a joint venture arrangement that failed to materialise.

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
  • 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.

Restitution and unjust enrichment
  • Energy Venture Partners Limited v Malabu Oil and Gas Limited

    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.

  • 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.

Called to the Bar in the State of New York [2011]
Lecturer in Trusts, University of Oxford, Keble College and St Catherine’s College [2008-2010]
Articled Clerk, State Solicitor’s Office of Western 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]
Frank Edward Parsons Memorial Prize for Most Outstanding Personal Leadership and Service, University of Western Australia [2005]
Mallesons Stephen Jaques Prize for the Best Honours Dissertation in Law, University of Western Australia [2005]
H.C.F Keall Prize for the Best Student in the Final Year of the Bachelor of Law, University of Western Australia [2005]
Prize for the Best Student in Conflict of Laws, University of Western Australia [2005]
Dean’s List, Best Individual Award, University of Western Australia [2004]
Australian Champion, ALSA National Paper Presentation Competition [2004]
Jean Rogerson Studentship for the First-Ranked Honours Entrant, University of Western Australia [2004]
John N. Barker Prize for the Best Student in the Penultimate Year of the Bachelor of Law, University of Western Australia [2004]
Deacons Prize for the Best Student in Corporations Law, University of Western Australia [2004]
World Champion and Australian Champion, Philip C. Jessup International Law Moot Court Competition [2003]
Winner, ALSA Australian National Mooting Competition [2003]
Winner, Mooting Competition, University of Western Australia [2003]
Prize for the Best Student in the First Three Years of Law, University of Western Australia [2003]
Jackson McDonald Prize for Mooting, University of Western Australia [2002 & 2003]
LBC Information Services Prize for the Best Student in Equity, University of Western Australia [2002]
Jean Rogerson Studentship for the Best Third-Year Student in Political Science, University of Western Australia [2002]
Prize for the Best Student in the First Year of Law [2001]
Prize for the Best Second-Year Student in Political Science [2001]
Prize for the 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.