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Andrew has extensive experience of complex and high-value commercial litigation and international arbitration, both led and unled. Andrew’s practice involves a wide range of commercial disputes and advisory work, with a particular focus on civil fraud, banking and finance, energy and natural resources and unjust enrichment and restitution. Andrew has considerable advocacy experience in litigation and arbitration, including appearing as sole counsel for the defendant in a 10-day Commercial Court fraud trial (Exxon Chemical Limited v Norbert Dentressangle).
In 2017, Andrew was named as one of Legal Week's ‘Stars at the Bar', which profiles the most promising junior barristers in the UK. Legal Week described Andrew as ‘An expert in unjust enrichment’ and ‘user-friendly and excellent value for money’. A partner at one City firm told Legal Week that Andrew has ‘the magic combination of top class legal abilities, remarkable diligence, a commercial approach and a charming temperament. He is a real delight to work with; a team player; and genuinely a star’. Another commented that ‘Andrew is the complete package’.
Prior to transferring to the English Bar (2012), Andrew trained with the State Solicitor’s Office of Western Australia, taught private law at the University of Oxford and practised in New York and London as an associate at Shearman & Sterling LLP. Since then, he has gained a wide range of experience, appearing in his own right in the Court of Appeal, High Court and LCIA and UNCITRAL proceedings, as well as being led in substantial, complex and high-value litigation and international commercial arbitration in England and jurisdictions around the world, including New York, Singapore, Nigeria, the Isle of Man and Israel. Andrew has also acted as an expert witness on English law in foreign proceedings on a number of occasions.
Andrew has a particular interest in unjust enrichment and restitution, which was the subject of his doctorate. He is the Consulting Editor of the Restitution title in Halsbury’s Laws of England and 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.
Andrew is called to the Bar in the state of New York and is able to advise on issues of New York law.
Notable recent cases include:
- Lonestar Communications v Kaye, Marziano, Cellcom, Polani and Orange
Andrew is acting (with Neil Kitchener QC) for Orange in Commercial Court proceedings arising out of alleged cyberattacks on a telecommunications company in Liberia, involving allegations of vicarious liability for economic torts in connection with the alleged cyberattacks;
- Saipem v South Stream (ICC Arbitration)
Andrew acted (with Alex Gunning QC and Max Schlote) for South Stream in relation to a €759 million breach of contract and misrepresentation dispute arising out of the 2015 cancellation of the $2 billion South Stream gas pipeline across the Black Sea from Russian to Bulgaria;
- Manning & Napier Fund Inc, Exeter Trust Company v Tesco PLC; Omers Administration Corporation v Tesco PLC  EWHC 109 (Ch)
Andrew acted (with Neil Kitchener QC) for 77 claimants in the Tesco Profit Overstatement group litigation, the market-leading £480 million case against Tesco Plc arising out of its profit overstatement scandal in Autumn 2014;
- A SIAC arbitration (Singapore seat)
Andrew acted (with Laurence Rabinowitz QC, Nicholas Sloboda, Tamara Kagan and Henry Hoskins) in a US$5.5 billion energy dispute under an SPA involving allegations of fraud, breach of warranties and an indemnity claim, which was heard over 35 days in 2018;
- Afren Plc v Osman Shahenshah & Ors (CL-2016-000674)
Andrew acted unled in a US$1 billion claim involving allegations of fraud, bribery, breach of fiduciary duty, dishonest assistance and knowing receipt;
- Deutsche Bank v Sebastian Holdings  EWHC 3222 (Comm);  1 WLR 3056;  1 WLR 1842;  EWHC 913 (Comm);  1 WLR 1842;  EWHC 3265 (Comm)  1 WLR 1737 (CA)
Andrew is acting (with Sonia Tolaney QC and James MacDonald, and, separately, David Foxton QC) for Deutsche Bank in relation to the enforcement of a c. $320m judgment debt in England and overseas, which has led to numerous High Court judgments and two recent and important Court of Appeal decisions on committal for contempt of Court and the grant of a stay in relation to European Court of Human Rights proceedings;
- Deutsche Bank AG v Comune Di Savona  EWHC 1013 (Comm);  4 WLR 151 (CA)
Andrew acted (with Sonia Tolaney QC and Rupert Allen) in a jurisdiction challenge concerning the construction of the standard jurisdiction clause in an ISDA master agreement, culminating in a recent and leading Court of Appeal decision on jurisdiction in relation to representations given in an ISDA master agreement;
- Exxon Chemical Limited v. Norbert Dentressangle
Andrew appeared (as sole counsel, against leading counsel) for the defendant in a 10-day Commercial Court trial involving complex contractual arrangements and fraud claims against the third and fourth parties (the case was ultimately settled prior to judgment being handed down);
- AVB AMRO Bank v Totisa Holdings SA  EWHC 3260 (Comm)
Andrew acted (with Sonia Tolaney QC) in ABN Amro’s successful debt claim against a multinational oil and gas company
- Credit Suisse AG v Up Energy Group  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 v. Hiranandani
in which Andrew acted (with Neil Kitchener QC, Steven Elliott and Tamara Kagan) for the claimants in $300m multi-jurisdictional litigation (London Commercial Court, Isle of Man) and arbitration (LCIA) proceedings arising out of an alleged fraud on investors in a property development in India;
- Renewable Power & Light Ltd v McCarthy Tetrault  EWHC 3848 (Ch)
in which Andrew acted (with Christopher Butcher QC and Jamie Goldsmith) for the defendant accounting company in a Chancery trial of a US$67 million claim that it had negligently approved the claimant for listing on the London Stock Exchange
- Energy Venture Partners Ltd v Malabu Oil and Gas Ltd  EWCA Civ 1295;  1 WLR 2309;  EWHC 1390 (Comm);  EWHC 1472 (Comm);  EWCA Civ 537;  EWHC 663 (Comm);  EWHC 2118 (Comm)
A five-week Commercial Court trial and various related appeals and applications arising out of a claim for US$200 million in brokerage fees under an alleged oral agreement with the Claimant company in which Andrew acted both led (by Charlie Graham QC) and unled.