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Practice Summary

Andrew has extensive experience of complex and high-value commercial litigation and international arbitration, both led and unled, including Travelport v WEX, Sabbagh v Khoury, Saipem v South Stream, Tesco and Deutsche Bank v Savona. Andrew’s practice has a particular focus on civil fraud, banking and finance, energy and natural resources and unjust enrichment and restitution. Andrew also 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).

Andrew is recommended in Chambers & Partners as a leading junior barrister in Commercial Dispute Resolution. He is described as a “delight” “hard-working, responsive, willing to roll up his sleeves and also good fun” and “clever and pays great attention to detail”. Andrew was also featured in 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:

  • Travelport v WEX [2020] EWHC 2670 (Comm); [2020] EWHC 1960 (Comm)
    Andrew acted (with Sonia Tolaney QC, James MacDonald and Emma Jones) in the expedited trial of the first material adverse effect clause case arising out of the COVID-19 pandemic, which concerned WEX’s c. US$1.7 billion deal to acquire the eNett and Optal Group in January 2020;
  • Lonestar Communications v Kaye, Marziano, Cellcom, Polani and Orange [2020] EWHC 1890 (Comm)
    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;
  • Castle Water v Thames Water Utilities [2020] EWHC 1374 (TCC)
    Andrew is acting (with Neil Kitchener QC and Michael Clark) in the litigation between CWL and TWUL arising out of the sale by TWUL of its non-household retail division of water and sewerage services. The case involves thirteen separate heads of claim in contract and tort totalling £40 million and various contractual counterclaims by TWUL.
  • Sabbagh v Khoury [2019] EWHC 3004 (Comm)
    Andrew acted (with Laurence Rabinowitz QC, Sonia Tolaney QC, Simon Colton QC and James Walmsley) for Sana Sabbagh in the US$600 million dispute over the estate of Hassib Sabbagh, which involved actions for conspiracy under Lebanese and Greek law. Andrew was the sole advocate (against leading counsel for the Defendants) in Sana’s application to amend her statement of case and seek related costs and consequential directions.
  • 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 [2019] EWHC 109 (Ch)
    Andrew acted (with Neil Kitchener QC) for 77 claimants in a two-day application 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 [2016] EWHC 3222 (Comm); [2017] 1 WLR 3056; [2017] 1 WLR 1842; [2017] EWHC 913 (Comm); [2017] 1 WLR 1842; [2017] EWHC 3265 (Comm) [2019] 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 [2017] EWHC 1013 (Comm); [2018] 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);