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Andrew Bruce

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Andrew Bruce

Areas of Expertise

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Year of Call: 1992 abruce@serlecourt.co.uk

Overview

Andrew has a commercial and chancery practice with a particular focus on property-related work.  He is regarded as one of the leading senior juniors in real estate litigation and has been described as “an exceptional talent in the property sphere”.  In addition, Andrew is highly-rated for professional negligence work, acting for both claimants and defendants, in matters ranging from high-profile claims in respect of Old Master Paintings to claims against architects in respect of residential developments and claims against solicitors relating to international corporate transactions.  Andrew also regularly acts in high-value commercial litigation and is a “skilful advocate” who is “effective in digging under the surface to uncover the real issues”.

Andrew has sat as a (part-time) Deputy District Judge since 2004 and as a (part-time) Judge of the First-Tier Tribunal (Property Chamber) since 2008.

Areas of Expertise and Cases


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Property

Andrew is one of the leading senior juniors at the Property Bar.  He has been described as “a very driven advocate who is able to absorb a lot of information very quickly” and  who “can win the unwinnable”.  Andrew is a past committee member of the Property Bar Association and was appointed a (part-time) Judge of the First-Tier Tribunal (Property Chamber) in 2008.

Andrew’s cases of note include:

Schmid v. Fellner (2016) EWHC Ch [Soole J]. Represented Eric Fellner (producer of Bridget Jones’ Diary) in the High Court in his defence of a claim for specific performance of a contract relating to the sale of Mr Fellner’s home at Pyrton Manor in Oxfordshire for £16m.

Hennessey v. Kent [2017] UKUT 243 (LC). Represented successful Applicant on application to Upper Tribunal (before Deputy Chamber President & a Member) to modify a restrictive covenant.  The modification permitted the Applicant to build 2 additional houses on her land, despite these houses obstructing the views of the objector from his property.  The case has received significant attention in the legal press because of how the judgment deals with conduct, compensation and costs.

Calhaem v. Gentil [2016] EWLandRA 2015 0272. Represented applicant on successful adverse possession claim in respect of part of garden of residential property in Dunstable

Re.: 3 Aylmer Drive, Stanmore [2014] UKUT 0153 (LC). Represented objectors on an application to modify a restrictive covenant under s.84(1)(aa) Law of Property Act 1925. Objectors were awarded compensation of £75,000 and their costs (Instructed by Hunters Solicitors)

Miller & ors v. Patterson (2014). Dispute in relation to rights of access to woodland for establishment of a training apiary (Instructed by Rawlison Butler)

Ullah v. Ullah [2013] EWHC 2296 (Ch).  5-day High Court trial of claims to a substantial property portfolio based upon alleged constructive trusts.  Andrew represented the successful Defendants (Instructed by George Carter LLP).

Represented Claimant on successful summary judgment application in relation to a £2m claim over a disputed break clause (Instructed by Reed Smith LLP) (2013).

Perkins v. McIver [2012] EWCA (Civ) 735 & {2011] UKUT 219 (LC).  Application to modify restrictive covenant to permit residential development.  Instructed on direct access basis at first instance.

Represented the Claimant landlord in dilapidations claim relating to The White Cube Gallery in Bermondsey (Instructed by Boodle Hatfield) (2011).

Company Developments v. Coffee Club & ors [2011] EWCA (Civ) 766.  The Court of Appeal upheld the Claimant’s construction of a guarantee despite there being obvious mistakes in the drafting undertaken by the Claimant’s (then) solicitors.  Andrew represented the successful Claimant.

Lexi Holdings plc (in administration) v. Pooni [2008] All ER (D) 292 (Apr).  Successful claim by mortgagee for possession of 19th Century sea fort in the Solent.

Littman & anor v. Aspen Oil (Broking) Ltd [2006] 2 P&CR 2.  The Court of Appeal considered the construction of an ill-drafted break clause and opined as to whether rectification was available in circumstances of a unilateral mistake where there had never been agreement as to the term to be rectified.

Scribes West Ltd v. Relsa Anstalt & anor (No.3) [2005] 1 WLR 1847.  The Court of Appeal considered the interpretation of s.141(2) of the Law of Property Act 1925 and held that an equitable assignee of the right to receive rent was entitled to forfeit a lease, notwithstanding that it had not been registered as freehold reversioner.

Chartered Trust v. Davies [1998] 76 P&CR 396.  Landlord’s failure to control nuisance tenant in shopping mall held to constitute derogation from grant.


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Professional Negligence

Andrew has been described as “a very safe pair of hands” in connection with professional negligence matters and he has considerable experience of professional negligence claims involving solicitors, architects, surveyors, accountants and auctioneers.  Examples include:

Acted in 5-day action in High Court in Cardiff in claim brought against architects in respect of the residential development of a site in Gloucestershire (Instructed by Geldards LLP) (2012)

Instructed on the property-related professional negligence claims arising out of the administration of Lexi Holdings plc.  The last of the claims (against valuers and solicitors) settled in September 2012 (Instructed by DLA Piper).

Represented F Inc (a US company) in multi-million US$ professional negligence claim against X LLP (an international law firm).  Claim settled in November 2011 (Instructed by Pinsent Masons).

Represented the Claimants in a professional negligence claim against a leading auction house in relation to a painting of ‘Salome’ which is now attributed to Titian and is now established to have been in the royal collection of Charles II.  The claim settled immediately before trial, but was widely reported. (2007-2010).

Lexi v. DTZ [2010] EWHC 2290 (Ch). Late amendment of pleadings to allege illegality (Instructed by DLA Piper).


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Art

Andrew has a particular interest and expertise in matters relating to art.  In addition to acting in claims against auction houses in respect of negligent advice or misattribution, he has also advised in connection with claims about the manuscripts of Sir Malcolm Arnold.

Andrew was junior counsel in Thwaytes v. Sotheby’s [2015] EWHC 36 (Ch) in which the Court held that Sotheby’s was not professionally negligent in its research and advice in respect of a painting of ‘The Cardsharps’ in 2006.  The painting was subsequently sold as a 17th Century copy, but later exhibited as and attributed to the hand of Michelangelo Merisi da Caravaggio (known as Caravaggio).

Andrew represented the Claimants in a claim against a leading auction house for negligence and breach of duty as to the research carried out and advice provided in relation to a painting now thought to be by Titian. The painting was sold by the Claimants through the Defendant in 1994 for £8,000, but was offered for sale at auction in January 2009 with an estimate of $4-6 million.  The proceedings were issued in 2007, settling the day before trial (four years later), and the dispute attracted extensive media interest on the basis of the Court papers. (Instructed by Boodle Hatfield LLP).


Add section

Commercial Litigation

Andrew deals with a wide-range of commercial and contractual disputes.  His experience dates back to his appearance in the landmark House of Lords case of Ruxley Electronics v. Forsyth [1996] 1 AC 344 (the case of the swimming pool that was built too shallow).

Recent work includes:

Represented the Applicant in Joint Stock Company Aeroflot v. Leeds & ors (2017) EWHC Ch where Mann J acceded to the application to adjourn a complex fraud trial on the grounds of the Applicant’s ill health.  The Applicant, Mr Glushkov, was alleged to have conspired with Boris Berezovsky to defraud the Russian state airline of substantial sums between 1995 & 1999.  The trial was listed for 28 days and was fixed to commence, at the time of the application, in 1 month’s time.  This was the second adjournment which Mr Glushkov, who was intending to represent himself at the trial, had sought.

Represented Bank of Scotland plc in connection with claims relating to a legal charge over a very substantial residential property (2013) (Instructed by SNR Denton UK LLP)

Represented a US corporation in connection with claims arising out of US ex-patriate tax equalisation calculations (2013) (Instructed by Boodle Hatfield LLP).

Company Developments v. Coffee Club & ors [2011] EWCA (Civ) 766.  The Court of Appeal upheld the Claimant’s construction of a guarantee despite there being obvious mistakes in the drafting undertaken by the Claimant’s (then) solicitors.  Andrew represented the successful Claimant.

Sinocare Group Ltd v. Biran [2010] EWHC 2433 (Ch) & ongoing. Proceedings concerning a freezing injunction obtained by a Hong Kong company carrying on business in the healthcare sector of the People’s Republic of China (Instructed by Peters & Peters).

Andrew was instructed in various proceedings arising out of the administration of Lexi Holdings plc (a company which provided bridging finance) (2008-2012)

Andrew was junior counsel in claims (valued at US$156m) brought by various investors in connection with an unsuccessful investment venture in Azerbaijan.  Led by Dominic Dowley QC (2006-2008).


Add section

Banking

Andrew’s ability in banking & finance work has been recognised by Legal 500 since 2007.  His recent work has served to enhance his reputation.

Represented Bank of Scotland plc in connection with claims relating to a legal charge over a very substantial residential property (2013) (Instructed by SNR Denton UK LLP)

Advised investors in relation to drag-along rights in connection with the sale of a London hotel (2012) (Instructed by Dechert LLP)

Company Developments v. Coffee Club & ors [2011] EWCA (Civ) 766.  The Court of Appeal upheld the Claimant’s construction of a guarantee despite there being obvious mistakes in the drafting undertaken by the Claimant’s (then) solicitors.  Andrew represented the successful Claimant.

Funding Corp Block Discounting LLP v. Lexi Holdings plc [2008] BCLC 596 & [2011] EWHC 3101.  Hearings concerning the construction of a Deed of Release entered into by Barclays Bank plc.  Led by Philip Marshall QC (Instructed by DLA Piper).


Add section

Civil Fraud

Andrew regularly advises and appears in matters involving civil fraud.  Examples include:

Acted for hedge fund manager in obtaining search order against a former employee (2011/2012).

Lexi v. DTZ [2010] EWHC 2290 (Ch). Late amendment of pleadings to allege illegality (Instructed by DLA Piper).

Sinocare Group Ltd v. Biran [2010] EWHC 2433 (Ch) & ongoing. Proceedings concerning a freezing injunction obtained by a Hong Kong company carrying on business in the healthcare sector of the People’s Republic of China (Instructed by Peters & Peters).

Renault UK Ltd v. Fleetpro [2008] Bus LR D17.  Case involving fraudulent misrepresentations in connection with fleet car sales.

Marlwood Commercial Inc v. Kozeny [2007] EWHC 950 (Comm).  Extension of a freezing order to assets over which it was alleged the Defendant had substantive control despite their being held on discretionary trusts.

Marlwood Commercial Inc v. Kozeny [2006] EWHC 872 (Comm).  Heavy application in commercial court to strike out US$156m claim in deceit arising out of unsuccessful investment venture in Azerbaijan.


All Quotes

"A careful, thorough thinker who does not miss a trick; he fights tenaciously in court." Legal 500 [2015]

"Technically brilliant and also straightforward, approachable and clear in his advice." Legal 500 [2015]

"He has an excellent analytical mind and an excellent grasp of detail, but remains alive to the practicalities of the situation." Legal 500 [2015] 

"He's a very solid, reliable and dependable barrister."  "You always know his advice will be clear and to the point.  You are left in no doubt as to the strengths and weaknesses of the client's position."  Chambers & Partners [2016]

"He is a very measured individual.  He has a grasp of the detail and nuances underlying cases."  "Always responds quickly with a practical, no-nonense view and cuts straight to the key issues."  Chambers & Partners [2016]

"He is very easy to deal with; he thinks about things hard and gives the right advice." Chambers & Partners [2015]

"A charming opponent, who is very clever, and very good at drilling down into the details." Chambers & Partners [2015]

"Meticulous and forensic in approach but also appreciates the commercial realities of litigation." Legal 500 [2014]

"His attention to detail is first rate, grasping complex financial transactions very quickly." Legal 500 [2014]

"He is commercially astute and finds solutions to the most intractable of cases." Legal 500 [2014]

"A highly accomplished property litigator.....He is praised for the quality of his advice, his approachability and his pleasant client manner." Chambers & Partners [2014]

""He's good on cross-examination," and is "an able and confident advocate."" Chambers & Partners [2014]

"highly regarded" Legal 500 [2013] (Professional Negligence)

"Solicitors remark that he is "very flexible and he knows the real commercial demands we get put under" Chambers & Partners [2013]

"great fun and very switched-on"... His is a "very focused and precise" style, say observers, and "he can win the unwinnable". Chambers & Partners [2012]

"a very safe pair of hands" Legal 500 [2012] (Professional Negligence)

"particularly strong" Legal 500 [2012] (Property Litigation)

has a "thorough grasp of the law", and his "paperwork is excellent". Legal 500 [2011] (Banking & Finance)

"very quick at analysing a situation and cutting through to the issues" Legal 500 [2011] (Property Litigation)

"an exceptional talent in the property sphere." Chambers & Partners [2011]

A "very driven advocate who is able to absorb a lot of information very quickly." Chambers & Partners [2011]

"rated for his 'sharp brain and responsive action to particularly thorny problems''" Legal 500 [2010]

"He is a no-nonsense practitioner who provides reliable and well-structured written work." Chambers & Partners [2010]

"Andrew Bruce is recommended for his 'extremely sharp analysis'" Legal 500 [2009]

"a 'skillful advocate' who is 'effective in digging under the surface to uncover the real issues.'" Chambers & Partners [2009]

"possesses 'superior technical knowledge that wins impossible cases'" Legal 500 [2008]

"excellent in getting on top of enormous amounts of material in a short time". Legal 500 [2008]

"tremendously impressive" Chambers & Partners [2008]

“clients would be hard-pressed to find counsel more ’reliable and consistent’ than Andrew Bruce” Chambers & Partners [2007]

"very thorough and extremely helpful" Legal 500 [2006]

"a bright bloke" who is "prepared to roll his sleeves up and get on with it" Chambers & Partners [2005]

Recommendations

Chambers & Partners: Art and Cultural Property Law [2018]
Chambers High Net Worth: Art and Cultural Property Law [2016]
Legal 500: Property Litigation [2006-2017]

Chambers & Partners: Real Estate Litigation [2005-2018]
Legal 500: Banking & Finance [2008-2016]
Legal 500: Professional Negligence [2012-2017]

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Andrew Bruce

Andrew Bruce

Year of Call: 1992
Email: abruce@serlecourt.co.uk

Overview

Andrew has a commercial and chancery practice with a particular focus on property-related work.  He is regarded as one of the leading senior juniors in real estate litigation and has been described as “an exceptional talent in the property sphere”.  In addition, Andrew is highly-rated for professional negligence work, acting for both claimants and defendants, in matters ranging from high-profile claims in respect of Old Master Paintings to claims against architects in respect of residential developments and claims against solicitors relating to international corporate transactions.  Andrew also regularly acts in high-value commercial litigation and is a “skilful advocate” who is “effective in digging under the surface to uncover the real issues”.

Andrew has sat as a (part-time) Deputy District Judge since 2004 and as a (part-time) Judge of the First-Tier Tribunal (Property Chamber) since 2008.

Areas of expertise

Recommendations

Chambers & Partners: Art and Cultural Property Law [2018]
Chambers High Net Worth: Art and Cultural Property Law [2016]
Legal 500: Property Litigation [2006-2017]

Chambers & Partners: Real Estate Litigation [2005-2018]
Legal 500: Banking & Finance [2008-2016]
Legal 500: Professional Negligence [2012-2017]

Quotes

"A careful, thorough thinker who does not miss a trick; he fights tenaciously in court." Legal 500 [2015]

"Technically brilliant and also straightforward, approachable and clear in his advice." Legal 500 [2015]

"He has an excellent analytical mind and an excellent grasp of detail, but remains alive to the practicalities of the situation." Legal 500 [2015] 

"He's a very solid, reliable and dependable barrister."  "You always know his advice will be clear and to the point.  You are left in no doubt as to the strengths and weaknesses of the client's position."  Chambers & Partners [2016]

"He is a very measured individual.  He has a grasp of the detail and nuances underlying cases."  "Always responds quickly with a practical, no-nonense view and cuts straight to the key issues."  Chambers & Partners [2016]

"He is very easy to deal with; he thinks about things hard and gives the right advice." Chambers & Partners [2015]

"A charming opponent, who is very clever, and very good at drilling down into the details." Chambers & Partners [2015]

"Meticulous and forensic in approach but also appreciates the commercial realities of litigation." Legal 500 [2014]

"His attention to detail is first rate, grasping complex financial transactions very quickly." Legal 500 [2014]

"He is commercially astute and finds solutions to the most intractable of cases." Legal 500 [2014]

"A highly accomplished property litigator.....He is praised for the quality of his advice, his approachability and his pleasant client manner." Chambers & Partners [2014]

""He's good on cross-examination," and is "an able and confident advocate."" Chambers & Partners [2014]

"highly regarded" Legal 500 [2013] (Professional Negligence)

"Solicitors remark that he is "very flexible and he knows the real commercial demands we get put under" Chambers & Partners [2013]

"great fun and very switched-on"... His is a "very focused and precise" style, say observers, and "he can win the unwinnable". Chambers & Partners [2012]

"a very safe pair of hands" Legal 500 [2012] (Professional Negligence)

"particularly strong" Legal 500 [2012] (Property Litigation)

has a "thorough grasp of the law", and his "paperwork is excellent". Legal 500 [2011] (Banking & Finance)

"very quick at analysing a situation and cutting through to the issues" Legal 500 [2011] (Property Litigation)

"an exceptional talent in the property sphere." Chambers & Partners [2011]

A "very driven advocate who is able to absorb a lot of information very quickly." Chambers & Partners [2011]

"rated for his 'sharp brain and responsive action to particularly thorny problems''" Legal 500 [2010]

"He is a no-nonsense practitioner who provides reliable and well-structured written work." Chambers & Partners [2010]

"Andrew Bruce is recommended for his 'extremely sharp analysis'" Legal 500 [2009]

"a 'skillful advocate' who is 'effective in digging under the surface to uncover the real issues.'" Chambers & Partners [2009]

"possesses 'superior technical knowledge that wins impossible cases'" Legal 500 [2008]

"excellent in getting on top of enormous amounts of material in a short time". Legal 500 [2008]

"tremendously impressive" Chambers & Partners [2008]

“clients would be hard-pressed to find counsel more ’reliable and consistent’ than Andrew Bruce” Chambers & Partners [2007]

"very thorough and extremely helpful" Legal 500 [2006]

"a bright bloke" who is "prepared to roll his sleeves up and get on with it" Chambers & Partners [2005]

Property

Andrew is one of the leading senior juniors at the Property Bar.  He has been described as “a very driven advocate who is able to absorb a lot of information very quickly” and  who “can win the unwinnable”.  Andrew is a past committee member of the Property Bar Association and was appointed a (part-time) Judge of the First-Tier Tribunal (Property Chamber) in 2008.

Andrew’s cases of note include:

Schmid v. Fellner (2016) EWHC Ch [Soole J]. Represented Eric Fellner (producer of Bridget Jones’ Diary) in the High Court in his defence of a claim for specific performance of a contract relating to the sale of Mr Fellner’s home at Pyrton Manor in Oxfordshire for £16m.

Hennessey v. Kent [2017] UKUT 243 (LC). Represented successful Applicant on application to Upper Tribunal (before Deputy Chamber President & a Member) to modify a restrictive covenant.  The modification permitted the Applicant to build 2 additional houses on her land, despite these houses obstructing the views of the objector from his property.  The case has received significant attention in the legal press because of how the judgment deals with conduct, compensation and costs.

Calhaem v. Gentil [2016] EWLandRA 2015 0272. Represented applicant on successful adverse possession claim in respect of part of garden of residential property in Dunstable

Re.: 3 Aylmer Drive, Stanmore [2014] UKUT 0153 (LC). Represented objectors on an application to modify a restrictive covenant under s.84(1)(aa) Law of Property Act 1925. Objectors were awarded compensation of £75,000 and their costs (Instructed by Hunters Solicitors)

Miller & ors v. Patterson (2014). Dispute in relation to rights of access to woodland for establishment of a training apiary (Instructed by Rawlison Butler)

Ullah v. Ullah [2013] EWHC 2296 (Ch).  5-day High Court trial of claims to a substantial property portfolio based upon alleged constructive trusts.  Andrew represented the successful Defendants (Instructed by George Carter LLP).

Represented Claimant on successful summary judgment application in relation to a £2m claim over a disputed break clause (Instructed by Reed Smith LLP) (2013).

Perkins v. McIver [2012] EWCA (Civ) 735 & {2011] UKUT 219 (LC).  Application to modify restrictive covenant to permit residential development.  Instructed on direct access basis at first instance.

Represented the Claimant landlord in dilapidations claim relating to The White Cube Gallery in Bermondsey (Instructed by Boodle Hatfield) (2011).

Company Developments v. Coffee Club & ors [2011] EWCA (Civ) 766.  The Court of Appeal upheld the Claimant’s construction of a guarantee despite there being obvious mistakes in the drafting undertaken by the Claimant’s (then) solicitors.  Andrew represented the successful Claimant.

Lexi Holdings plc (in administration) v. Pooni [2008] All ER (D) 292 (Apr).  Successful claim by mortgagee for possession of 19th Century sea fort in the Solent.

Littman & anor v. Aspen Oil (Broking) Ltd [2006] 2 P&CR 2.  The Court of Appeal considered the construction of an ill-drafted break clause and opined as to whether rectification was available in circumstances of a unilateral mistake where there had never been agreement as to the term to be rectified.

Scribes West Ltd v. Relsa Anstalt & anor (No.3) [2005] 1 WLR 1847.  The Court of Appeal considered the interpretation of s.141(2) of the Law of Property Act 1925 and held that an equitable assignee of the right to receive rent was entitled to forfeit a lease, notwithstanding that it had not been registered as freehold reversioner.

Chartered Trust v. Davies [1998] 76 P&CR 396.  Landlord’s failure to control nuisance tenant in shopping mall held to constitute derogation from grant.

Professional Negligence

Andrew has been described as “a very safe pair of hands” in connection with professional negligence matters and he has considerable experience of professional negligence claims involving solicitors, architects, surveyors, accountants and auctioneers.  Examples include:

Acted in 5-day action in High Court in Cardiff in claim brought against architects in respect of the residential development of a site in Gloucestershire (Instructed by Geldards LLP) (2012)

Instructed on the property-related professional negligence claims arising out of the administration of Lexi Holdings plc.  The last of the claims (against valuers and solicitors) settled in September 2012 (Instructed by DLA Piper).

Represented F Inc (a US company) in multi-million US$ professional negligence claim against X LLP (an international law firm).  Claim settled in November 2011 (Instructed by Pinsent Masons).

Represented the Claimants in a professional negligence claim against a leading auction house in relation to a painting of ‘Salome’ which is now attributed to Titian and is now established to have been in the royal collection of Charles II.  The claim settled immediately before trial, but was widely reported. (2007-2010).

Lexi v. DTZ [2010] EWHC 2290 (Ch). Late amendment of pleadings to allege illegality (Instructed by DLA Piper).

Art

Andrew has a particular interest and expertise in matters relating to art.  In addition to acting in claims against auction houses in respect of negligent advice or misattribution, he has also advised in connection with claims about the manuscripts of Sir Malcolm Arnold.

Andrew was junior counsel in Thwaytes v. Sotheby’s [2015] EWHC 36 (Ch) in which the Court held that Sotheby’s was not professionally negligent in its research and advice in respect of a painting of ‘The Cardsharps’ in 2006.  The painting was subsequently sold as a 17th Century copy, but later exhibited as and attributed to the hand of Michelangelo Merisi da Caravaggio (known as Caravaggio).

Andrew represented the Claimants in a claim against a leading auction house for negligence and breach of duty as to the research carried out and advice provided in relation to a painting now thought to be by Titian. The painting was sold by the Claimants through the Defendant in 1994 for £8,000, but was offered for sale at auction in January 2009 with an estimate of $4-6 million.  The proceedings were issued in 2007, settling the day before trial (four years later), and the dispute attracted extensive media interest on the basis of the Court papers. (Instructed by Boodle Hatfield LLP).

Commercial Litigation

Andrew deals with a wide-range of commercial and contractual disputes.  His experience dates back to his appearance in the landmark House of Lords case of Ruxley Electronics v. Forsyth [1996] 1 AC 344 (the case of the swimming pool that was built too shallow).

Recent work includes:

Represented the Applicant in Joint Stock Company Aeroflot v. Leeds & ors (2017) EWHC Ch where Mann J acceded to the application to adjourn a complex fraud trial on the grounds of the Applicant’s ill health.  The Applicant, Mr Glushkov, was alleged to have conspired with Boris Berezovsky to defraud the Russian state airline of substantial sums between 1995 & 1999.  The trial was listed for 28 days and was fixed to commence, at the time of the application, in 1 month’s time.  This was the second adjournment which Mr Glushkov, who was intending to represent himself at the trial, had sought.

Represented Bank of Scotland plc in connection with claims relating to a legal charge over a very substantial residential property (2013) (Instructed by SNR Denton UK LLP)

Represented a US corporation in connection with claims arising out of US ex-patriate tax equalisation calculations (2013) (Instructed by Boodle Hatfield LLP).

Company Developments v. Coffee Club & ors [2011] EWCA (Civ) 766.  The Court of Appeal upheld the Claimant’s construction of a guarantee despite there being obvious mistakes in the drafting undertaken by the Claimant’s (then) solicitors.  Andrew represented the successful Claimant.

Sinocare Group Ltd v. Biran [2010] EWHC 2433 (Ch) & ongoing. Proceedings concerning a freezing injunction obtained by a Hong Kong company carrying on business in the healthcare sector of the People’s Republic of China (Instructed by Peters & Peters).

Andrew was instructed in various proceedings arising out of the administration of Lexi Holdings plc (a company which provided bridging finance) (2008-2012)

Andrew was junior counsel in claims (valued at US$156m) brought by various investors in connection with an unsuccessful investment venture in Azerbaijan.  Led by Dominic Dowley QC (2006-2008).

Banking

Andrew’s ability in banking & finance work has been recognised by Legal 500 since 2007.  His recent work has served to enhance his reputation.

Represented Bank of Scotland plc in connection with claims relating to a legal charge over a very substantial residential property (2013) (Instructed by SNR Denton UK LLP)

Advised investors in relation to drag-along rights in connection with the sale of a London hotel (2012) (Instructed by Dechert LLP)

Company Developments v. Coffee Club & ors [2011] EWCA (Civ) 766.  The Court of Appeal upheld the Claimant’s construction of a guarantee despite there being obvious mistakes in the drafting undertaken by the Claimant’s (then) solicitors.  Andrew represented the successful Claimant.

Funding Corp Block Discounting LLP v. Lexi Holdings plc [2008] BCLC 596 & [2011] EWHC 3101.  Hearings concerning the construction of a Deed of Release entered into by Barclays Bank plc.  Led by Philip Marshall QC (Instructed by DLA Piper).

Civil Fraud

Andrew regularly advises and appears in matters involving civil fraud.  Examples include:

Acted for hedge fund manager in obtaining search order against a former employee (2011/2012).

Lexi v. DTZ [2010] EWHC 2290 (Ch). Late amendment of pleadings to allege illegality (Instructed by DLA Piper).

Sinocare Group Ltd v. Biran [2010] EWHC 2433 (Ch) & ongoing. Proceedings concerning a freezing injunction obtained by a Hong Kong company carrying on business in the healthcare sector of the People’s Republic of China (Instructed by Peters & Peters).

Renault UK Ltd v. Fleetpro [2008] Bus LR D17.  Case involving fraudulent misrepresentations in connection with fleet car sales.

Marlwood Commercial Inc v. Kozeny [2007] EWHC 950 (Comm).  Extension of a freezing order to assets over which it was alleged the Defendant had substantive control despite their being held on discretionary trusts.

Marlwood Commercial Inc v. Kozeny [2006] EWHC 872 (Comm).  Heavy application in commercial court to strike out US$156m claim in deceit arising out of unsuccessful investment venture in Azerbaijan.

Qualifications

Jesus College, Oxford - MA (Jurisprudence)
Winner of Inns of court Studentship
Harmsworth Exhibitioner and Benefactors' Scholar of Middle Temple

Appointments

Deputy Adjudicator to HM Land Registry (now (part-time) Judge of the First-Tier Tribunal (Property Chamber)) - December 2008
Deputy District Judge - December 2004

Memberships

Chancery Bar Association
Property Bar Association (committee member since 2004)
Professional Negligence Bar Association

 

 

Publications

Dreamland and Banksy in the High Court - Solicitors Journal 22.09.2015
The Battle for Ireby Fell - New Law Journal 13.12.2013


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