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Practice Summary

Andrew has a broad practice encompassing international arbitration, all aspects of intellectual property law, and commercial disputes involving technical or complex subject matter such as computing, financial services and pharmaceuticals. As a result, he is also experienced with questions relating to jurisdiction, choice of law, and enforcement.

He regularly appears in his own right in the High Court and since joining chambers has been involved in a range of cases in the UKIPO, EUIPO, EPO, IPEC, High Court, Court of Appeal, Supreme Court and Court of Justice, and in arbitrations under HKIAC, ICC and ICAC rules. 

EXAMPLES OF RECENT CASES

  • Applications

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    Andrew has experience of preparing for and appearing in the full spectrum of procedural applications including applications to strike out, to set aside default judgment, to vary or amend orders, and to stay enforcement.

    Andrew has also assisted on a range of interlocutory applications including applications for pre-action disclosure, Norwich Pharmacal orders, interim injunctions (applying both American Cyanamid and Cream v Banerjee principles), and freezing injunctions.

    Notable cases include:

    • BTCS v Sokmen
      Instructed as junior counsel (led by Charles Graham QC) on behalf of the Claimants in respect of an urgent ex parte application for an interim injunction to restrain further breaches of confidence. Involved interplay between statutory whistleblowing rights, data protection, and duties of confidence arising in contract and equity.
    • Warner-Lambert v Sandoz & Ors
      Instructed as junior counsel (led by Geoffrey Hobbs QC) on behalf of Defendants  in relation to an application to vary the terms of an interim injunction. Considered issues of proportionality and specificity of relief in respect of a full label marketing authorisation in circumstances where the invalidity of certain claims of the underlying patent had been upheld in the Court of Appeal after the grant of the original injunction.
    • FibreFab Ltd & Ors v Optronics Plus Ltd & Ors
      Instructed as sole counsel in relation to an interim injunction application based on the scope of rights in passing off where the rights asserted adhered to signs that were alleged to be comprised of generic and/or descriptive words.
    • El-Helw v TSB Banking Group PLC
      Andrew was instructed as sole counsel for the respondent bank, successfully resisting an application in the Queen’s Bench Division for a mandatory injunction seeking relief under, inter alia, the Data Protection Act 1998.
  • Arbitration

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    Andrew has acted as sole counsel in numerous arbitration proceedings under LCIA, ICAC and HKIAC rules.  He is particularly interested in disputes relating to Russia / CIS and recently spoke at an international conference in Russia on the interpretation of arbitration clauses.

    • LCIA Proceedings
      Instructed (unled) in multi-million dollar claim to enforce a guarantee. Arbitral seated in London under LCIA rules. Ongoing.
    • ICAC Proceedings
      Instructed (unled) in multi-million dollar breach of contract proceedings (financial services) at the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. Involves range of issues including jurisdiction, choice of laws, and contractual construction. Ongoing.
    • HKIAC Proceedings
      Instructed (unled) in Hong Kong International Arbitration Centre proceedings relating to a pharmaceutical patent licence and a multimillion dollar damages claim.
  • Commercial Litigation

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    Andrew has a significant amount of experience in general commercial and chancery disputes and is comfortable being instructed both in his own right and with a leader. In particular, Andrew’s background lends itself to highly technical cases such as IT and pharmaceutical disputes.

    Notable cases include:

    • Pharmaceutical Patent Licence
      Instructed (unled) to advise in relation to possible claims that could be brought in contract and tort following the sale of royalty rights accruing under a patent licence.
    • Distinctive Wholesale Ltd v Clayton Horsnell Ltd & Ors
      Successfully struck out (as sole counsel) additional claims alleging procurement / inducement of a breach of contract and unlawful means interference - judgment at [2018] EWHC 3742 (IPEC).
    • Triple Point Technology v BBE
      Instructed as junior counsel (led by Neil Kitchener QC) in dispute concerning commodity trading software. Issues including breach of contract and allegations of fraudulent misrepresentation.
    • Advised on the construction of pre-emption rights of a private limited company with respect to the correct approach for valuing shares offered for sale under them.
    • Excel-Eucan Ltd v Source Vagabond Systems Ltd
      Instructed as sole counsel for the Claimant in a claim for a declaration that a patent licence is still in full force and effect. Trial July 2019.
    • Astex Pharmaceuticals v AstraZeneca AB
      Instructed as junior counsel (led by Charles Béar QC at first instance and Charles Hollander QC on appeal) on behalf of the Claimant in a multimillion dollar dispute about development of new Alzheimers drug.
    • Royal Devon and Exeter NHS Foundation Trust v Atos IT Services UK Ltd
      Instructed as junior counsel (led by Zoe O’Sullivan QC) for the Defendant IT supplier in a dispute over the digitisation of NHS patient records. Court of Appeal judgment on a preliminary issue as to the proper construction of exclusion and limitation clauses at [2017] EWCA Civ 2196.
    • Firstfind Ltd & Ors v Edward Ashley-Carter & Ors
      Acted for the Claimants in a dispute as to the ownership of various rights in the CHINAWHITE nightclub brand. Drafted re-amended particulars of claim (with Henry Forbes Smith) and reply and defence to counterclaim. Made applications (unled) for security for costs and summary judgment, the latter involving issues of assignments in gross and the extent of rights in unregistered trade marks following the judgment of the Supreme Court in Starbucks.
    • El-Helw v TSB Banking Group PLC
      Instructed as sole counsel for the respondent bank, successfully resisting an application in the Queen’s Bench Division for a mandatory injunction seeking relief under, inter alia, the Data Protection Act 1998.
  • Intellectual Property

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    Patents

    Andrew has been instructed in his own right and as junior counsel in respect of a range of patent matters and has advised on issues such as equivalence following Lily v Actavis, evidence of obviousness, and differentiating between making/repairing post-Schutz v Werit. In 2016, he completed a six month secondment at a leading patent law firm where he assisted on a range of matters including: preparing and commenting on draft statements of case, witness statements, application notices and orders; assisting in proceedings where different types of declaratory relief were sought (including Arrow declarations); and reviewing and drafting materials for opposition proceedings in the EPO.

    Before coming to the Bar, Andrew worked in life sciences, first as an academic at Oxford University where he taught organic chemistry and completed a DPhil in anti-cancer drug design, and more recently as a consultant where he worked on a range of matters relating to valuation and licensing of intellectual property in addition to providing advice on regulatory matters and competitive intelligence.

    Notable cases include:

    • Pharmaceutical Patent Licence
      Instructed (unled) to advise in relation to possible claims that could be brought in contract and tort following the sale of royalty rights accruing under a patent licence.
    • HKIAC Proceedings
      Instructed (unled) in Hong Kong International Arbitration Centre proceedings relating to a pharmaceutical patent licence and a multimillion dollar damages claim.
    • Excel-Eucan Ltd v Source Vagabond Systems Ltd
      Instructed as sole counsel for the Claimant in proceedings where there are issues as to repudiation, non-infringement and invalidity in relation to a licence agreement and the underlying patent. Successfully resisted transfer out of the Shorter Trial Scheme (judgment at [2018] EWHC 3864 (Ch)).
    • Patent Revocation Proceedings
      Instructed as sole counsel on behalf of the proprietor of two patents in revocation proceedings in the UKIPO where there is a live question as to licensee estoppel in addition to allegations of lack of novelty and obviousness.
    • Warner-Lambert v Sandoz & Ors
      Instructed as junior counsel (led by Geoffrey Hobbs QC) on behalf of Defendants  in relation to an application to vary the terms of an interim injunction. Considered issues of proportionality and specificity of relief in respect of a full label marketing authorisation in circumstances where the invalidity of certain claims of the underlying patent had been upheld in the Court of Appeal after the grant of the original injunction.
    • Biogen & Ors v AbbVie
      Assisted in relation to a claim for declaratory relief in respect of AbbVie's blockbuster anti-TNF drug Humira pending the launch of a biosimilar product.
    • Genzyme v Mt Sinai
      Assisted in respect of an opposition to a process patent. 
    • Drafted opinion on whether certain acts constituted making or repairing post-Schutz v Werit.
    • Drafted opinion and pleadings in respect of small-arms patent licence.
    • Drafted pleadings in respect of a fine chemicals compound patent.
    • Advised on the law as to the role and value of evidence of commercial success in obviousness cases.

     

    Trade Marks and Passing Off

    Andrew has experience of representing parties (unled) in the UK IPO and EUIPO in relation to opposition proceedings and invalidity proceedings, making requests to consolidate and stay proceedings, and providing advice in relation to the same on issues of law (including, inter alia, bad faith grounds under s.3(6) of the Trade Marks Act 1994) and fact.

    Further, during pupillage, Andrew assisted on a range of high-profile matters including Starbucks v Sky in the Supreme Court, the long-running Interflora ad-words litigation, and the judicial review of the government’s tobacco plain packaging regulations.

    Notable cases include:

    • Associated British Foods & Anor v Warburtons Ltd & Anor
      Instructed as junior counsel (led by Philip Roberts QC) on behalf of the Defendants in a claim alleging passing off.
    • KITEMARK Trade Mark
      Instructed as junior counsel (led by Emma Himsworth QC) on behalf of the proprietor in UKIPO proceedings where multiple absolute grounds of invalidity were advanced on the basis that the mark in suit had previously been registered as a certification trade mark.
    • Walton International Ltd & Anor v Verweij Fashion BV
      Instructed as junior counsel (led by Simon Malynicz QC) on behalf of the Claimants in a claim for trade mark infringement and passing off / counterclaim seeking revocation for non-use, invalidity on absolute and relative grounds, and passing off.
    • Getrentr Ltd v Rentr Ltd
      Instructed as sole counsel on behalf of the Defendant in trade mark infringement proceedings. Ongoing.
    • Dreamboys London Ltd v Bargain Travel Bureau Ltd
      Instructed as sole counsel on behalf of the Claimant in trade mark infringement proceedings relating to, inter alia, entertainment services. Ongoing.
    • Trade Mark Invalidity Proceedings
      Instructed as junior counsel (led by Emma Himsworth QC) on behalf of the proprietor of a trade mark in IPO proceedings alleging invalidity on absolute grounds. Ongoing.
    • Firstfind Ltd & Ors v Edward Ashley-Carter & Ors
      Acting for the Claimants in a dispute as to the ownership of various rights in the CHINAWHITE nightclub brand. Drafted re-amended particulars of claim (with Henry Forbes Smith) and reply and defence to counterclaim. Made applications (unled) for security for costs and summary judgment, the latter involving issues of assignments in gross and the extent of rights in unregistered trade marks following the judgment of the Supreme Court in Starbucks.
    • DOUBLE HAPPINESS Trade Mark
      Instructed as sole counsel in UKIPO opposition proceedings on behalf of the applicant, N.V. Sumatra Tobacco Trading Co before the Hearing Officer and on appeal before the Appointed Person.
    • Geox S.P.A v D Jacobson & Sons Ltd & Anor
      Instructed as sole counsel for the Claimant in relation in a High Court action for trade mark infringement and passing off.
    • CHELSEA BEAUTIQUE Trade Mark
      Instructed as sole counsel in UKIPO opposition proceedings on behalf of the opponent, Chelsea FC.
    • FibreFab Ltd & Ors v Optronics Plus Ltd & Ors
      Instructed as sole counsel in relation to an interim injunction application based on the scope of rights in passing off where the rights asserted adhered to signs that were alleged to be comprised of generic and/or descriptive words.
    • Drafted Defence (unled) in relation to allegations of trade mark infringement and passing off made against an online rental platform. Successfully resisted transfer out of IPEC into High Court.
    • Prepared submissions in respect of EUIPO revocation proceedings.
    • Advised on hallmarking requirements for fine jewellery.
    • Drafted multiple sets of pleadings in respect of domain names being used as instruments of deception.



    Copyright and Designs

    Andrew has experience of drafting pleadings in copyright and design matters, both in his own right and under the supervision of a leader, and has just completed his first copyright trial as sole counsel. These actions have included copyright in a range of subject matter including user manuals, medical diagrams, architect’s drawings, and software as well as copyright in a database and sui generis database rights.

    Andrew also assisted, during pupillage, on matters relating to design rights including providing advice – with particular focus on the law relating to surface decoration – in relation to both Community and UK registered and unregistered design rights.

    Notable cases include:

    • Distinctive Wholesale Ltd v Clayton Horsnell Ltd & Ors
      Instructed in IPEC proceedings as sole counsel for CMC – successfully struck out entirety of additional claims based on economic torts (procurement of breach and unlawful means interference - judgment at [2018] EWHC 3742 (IPEC)).
    • Online Intermediary Proceedings
      Advised on contemplated proceedings (with Sa’ad Hossain QC) against an online intermediary as to scope of relief available under s.97A of the Copyright Designs and Patents Act 1988 and availability of Norwich Pharmacal relief in context of foreign proceedings.
    • Movie Megastores International Ltd v Shaboroz
      Instructed as sole counsel for the Defendant in relation a claim for infringement of copyright in a song (in IPEC). Successfully made an application to vacate the original trial date, drafted an amended defence, and appeared at the relisted trial where the claim was dismissed.
    • Drafted particulars of claim in respect of typographical arrangement copyright on behalf of a magazine designer.
    • Drafted particulars of claim in respect of registered and unregistered design rights in locomotive rolling stock.
    • Provided pre-trial advice on merits for defendant in respect of UK registered and unregistered design rights on issues including secondary infringement (and the knowledge requirement relating to secondary infringement) and the defence of innocent infringement under s.24B of the Registered Designs Act 1949.
    • Drafted particulars of claim in respect of UK unregistered design rights for well-known homeware manufacturer.
    • Drafted pleadings in respect of a claim for infringement of artistic and literary copyright, passing off and breach of directors' duties.

     

    Other

    Andrew also has experience advising in and assisting on IP related matters including: licensing and rights agreements; parallel importation (including the BMS conditions for repackaging); and the hallmarking requirements for precious metals.

Education

City University London, GDL and BPTC [2012 - 14]

University of Oxford, DPhil Pharmacology: "Small molecule inhibitors of Lactate Dehydrogenase A" [2007 - 2011]

University of Oxford, MSc Medicinal Chemistry (Distinction) [2006 - 2007]

University of Durham, BSc Chemistry (1st Class) [2003 - 2006]

Languages

Russian (Basic)

Other Academic Achievements

Finalist, Savills Senior Moot, City Law School, [2014]

1st Place, Inter-Inn Moot (representing Inner Temple), [2013]

1st Place, Times Law Award, [2013]

XXth Willem C Vis International moot (representing Inner Temple), [2013]

Exhibition (GDL and BPTC), Inner Temple, [2012-2014]

1st Place, Bogdanor Politics Prize, Brasenose College, [2010]

Senior Hulme Scholarship, Brasenose College, [2008 - 2010]

Senior Cheetham Scholarship, Brasenose College, [2007 - 2010]

Cancer Research UK Studentship in Medicinal Chemistry, [2006 - 2010]

GlaxoSmithKline Organic Chemistry Prize, Durham University, [2004]

Professional Memberships

COMBAR, Chancery Bar Association, Intellectual Property Bar Association, IPSoc (society for junior IP practitioners), London Common Law and Commercial Bar Association.

Other Experience

Councillor, Royal Borough of Kensington and Chelsea [2014 - 2018]

Army Reservist (short-listed as best soldier in Corps in 2012) [2009 - 2014]

Tutor in Chemistry, University of Oxford (Brasenose College and Exeter College) [2007 - 2010]