Introduction

Andrew has substantial expertise and experience in range of commercial and chancery work, in particular in the areas of company law, insolvency, partnership, wills, trusts and probate and commercial property.  Andrew is also experienced in professional liability work, especially claims involving solicitors, accountants, surveyors and financial services professionals.   His expertise has been recognised by the main directories for many years, where his recommended as a leading practitioner in chancery, commercial litigation, company law and professional liability.

As well as litigation, Andrew is also experienced in non-contentious drafting and transactional advice, in particular in the areas of company law and trusts.

Andrew’s previous experience as a corporate solicitor at Freshfields in London and Tokyo informs his understanding of complex transactions and financial information, and his expertise in non-contentious advisory and drafting work.

Andrew co-authors a leading practitioner book on claims by shareholders covering unfair prejudice, derivative actions, directors’ duties and other personal claims which may be brought by shareholders: Shareholder Actions, published by Bloomsbury Professional.  The first edition was published in January 2013 and the second edition in December 2017.

Andrew also writes academic and practitioner works for publication in the areas of his practice including for example in the field of financial law, contract and company law Misrepresentation and bond issues: liability on the secondary market in the Butterworths Journal of International Banking & Financial Law (2011, 26(1), 17-19); and in the field of trusts and estates Jones v Firkin-Flood: trustees – how to sell a business and distribute the proceeds in Private Client Business (2010, 3, 181-188).

 

Published Journals

Company & Partnership

Representing and advising Petitioners and Respondents in numerous unfair prejudice claims under section 994 of the Companies Act 2006 in claims relating to shareholdings valued at from tens of millions of pounds to several hundred thousand pounds

Advising and representing at trial majority shareholders in disputes concerning the exercise of share options and the construction of a shareholders’ agreements relating to several companies in the same group

Advising and representing the vendor company in a share warranty claim

Advising and representing an entrepreneur in a claim for breach of the earn out terms in a share purchase agreement and defending a seven figure claim for breaches of share warranties

Representing a company in a claim against former directors for breach of duty / misfeasance

Advising a solicitors’ partnership on the incorporation of its business and drafting articles of association, shareholders’ agreement and minutes and resolutions

Advising a company in a claim against a former director for the diversion of a maturing business opportunity of which he became aware while a director

Advising on and drafting a shareholders’ agreement and amendments to articles of association

Advising on a scheme of arrangement as part of a reverse takeover of an AIM-listed company

Representing a respondent to a just and equitable winding up petition

Advising on a share sale and drafting a share sale agreement relating to shares in a Football League Club

Advising and drafting of documentation for incorporation of a solicitors’ partnership as an LLP

Advising and drafting of documentation for incorporation of a solicitors’ partnership as a company

Advising and representing at arbitration continuing partners in a solicitors’ partnership in relation to dispute as to dissolution accounts and valuation of shares of departing partners

Advising continuing partners in an accountancy partnership as the expulsion of a partner

Advising continuing partners in a solicitors’ partnership on breaches of restrictive covenants  by and entitlement to return of capital to departing partner

Advising the widow of former partner on winding up of insolvent coach partnership

Advising firm of solicitors in dissolution of 3 office partnership and partners each retaining a former partnership office and share of the business

Advising a departing partner from a solicitors’ partnership

Representing parties in a dispute as to the existence of a restaurant partnership

Professional Liability

Accident Assistance Ltd v Hammond Suddards Edge [2005] EWHC (Ch) 202, [2005] PNLR 29 (Hart J.)

Represented a subsidiary of General Electric in a multi-million pound solicitors’ negligence action.

Real Estate

Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] 1 W.L.R. 2855; [2012] 2 P. & C.R. 18; [2012] 2 E.G.L.R. 173. Represented property investors at first instance and in Court of Appeal on issue relating to section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and applicability to completed contracts and collateral contracts.

George Wimpey (Manchester) Ltd v Valley & Vale Properties Ltd (In Administration) [2012] EWCA Civ 233; [2012] 2 E.G.L.R. 113; [2012] 19 E.G. 96. Represented Wimpey at first instance and in the Court of Appeal of the question of the availability of specific performance for part of a contract and whether an unpaid vendor’s lien arose on the surrender at a premium of a long leasehold interest to the freeholder.

Yarwood v Yarwood’s Trustee in Bankruptcy [2010] EWHC 2272 (Ch); [2010] 3 F.C.R. 311; [2010] B.P.I.R. 1443; (2010) 154 (36) S.J.L.B. 33; [2010] N.P.C. 93 – A claim to set aside a transfer of property pursuant to an agreement made as part of an ancillary relief claim prior to the presentation of a bankruptcy petition but performed after the petition was presented.

Bovis Homes Ltd v Persimmon Homes Ltd [2010] EWCA Civ 1252; [2010] N.P.C. 108 – Represented Bovis in a summary judgment claim in relation to the exercise of a £9.5 million put option over development and, succeeding at trial and in the Court of Appeal.

Appointments and Memberships

M.A. (Cantab)
Formerly a Solicitor in the Corporate Department at Freshfields in London
ADR Group Accredited Mediator
Member of the Chartered Institute of Arbitrators
Member of the Chancery Bar Association
Member of the Midlands Chancery & Commercial Bar Association

Testimonials

"Commercially-minded, pragmatic and sensible." Legal 500 2020
"He is always on top of a case and can absorb vast amounts of information with relative ease." Chambers UK
"A very strong senior junior counsel with a much needed pragmatic approach to matters. He can draw on a great deal of experience which, when combined with his legal expertise, enables clients to receive the best possible advice." Chambers UK
"His navigation of the corporate aspects of cases sets him apart." Chambers UK
"His knowledge of company law is exceptional. He is very good in court." Chambers UK
"He is able to cut through all of the noise in order to get down to the key issues in a dispute. He will always provide sensible advice upon which you can rely." Chambers UK
"He's very supportive, turns work around very quickly and shows tremendous commitment. He's always available and provides very pragmatic advice." Chambers UK
“Very bright and comfortable opposite silks.” Legal 500
"If you involve him in a case, it's like strapping on some battery-charged extra brain. He's very calm, unflappable really, and he's got a vast knowledge of company law." Chambers UK
"Formidable knowledge in shareholder matters and company law. He's very diligent and reliable. He works to deadlines and honours them. He's also a realistic and straightforward advocate." Chambers UK
"He is simply superb. He is a very assured advocate, practical, empathetic, great with clients, pragmatic and commercial." Chambers UK
"Extremely authoritative, collaborative and more than capable of taking on and beating silks." Chambers UK
“A highly rated commercial chancery specialist who is able to draw upon his previous experience as a corporate solicitor at a magic circle law firm. A noted junior whose instructions cover general commercial disputes as well as professional negligence and company and trusts disputes. He is widely praised for his user-friendly approach, which many sources attribute to his prior career as a solicitor at a magic circle law firm.” Chambers UK
"His advice is very practical and very pragmatic, and he is always accessible, which is essential on fast-moving work." Chambers UK