Andrew is a highly respected advocate with 25 years’ experience at the Bar. He has a broad-based business law practice, specialising particularly in the areas of financial services, pensions and other commercial trusts, professional negligence and disputes relating to the interpretation or breach of most types of commercial contract.
As well as appearing in Court, he provides expert technical and strategic advice to clients both in relation to complex civil litigation and in non-contentious situations (for example in the context of corporate mergers or takeovers, or in relation to the myriad of issues that may arise in the administration of large occupational pension schemes including dealing with the UK Pensions Regulator, or advising on pensions issues in the area of corporate insolvency, or over issues of contractual interpretation that arise in day-to-day commercial business life). He is also experienced in cases involving mediation or other forms of alternative dispute resolution (ADR), plus regulatory cases in front of the Determinations Panel of the Pensions Regulator and the Upper Tribunal.
His clients include individuals, partnerships, companies (including financial institutions), pension scheme trustees / employers / members, Government departments, and participants in multiparty group actions.
In recent years, Andrew’s work has taken on a growing international dimension. He is a registered advocate at the Dubai International Financial Centre and is also particularly experienced in the growing number of cases where the UK Pensions Regulator seeks to impose a financial support direction (FSD) extra-territorially. He has been involved in three of the most significant recent cases in this field and remarks that “it’s an area of increasing concern for any multinational business whose UK employees are members of a pension scheme.” Andrew is Chairman of the North American Committee of the Commercial Bar Association (COMBAR).
Over the years, Andrew has been variously described in the legal directories as "highly valued", "seriously good", "reliable, commercial and pragmatic” and “very personable and down to earth”. He is ranked in the top tier (Band 1) for Pensions in Chambers and Partners 2012, which also notes that “having appeared in a large number of important cases in recent times [he] has demonstrated that he can mix it with the best, and do so with an easy, commercial manner." The Legal 500 adds that he is “definitely someone you want on your side… he has extensive expertise and is a real pleasure to work with.”
He lives with his family in Dorset and London.
Notable cases
Danks & others v QinetiQ Holdings & Peacock – Pending trial of the hot issue of whether pension scheme trustees have the power under the rules of the QinetiQ pension scheme to amend the rate of increase of pensions in payment and the rate of revaluation of deferred pensions from the Retail Price Index to the Consumer Price Index.
Lehman Brothers Pension Scheme – (Pensions Regulator Determinations Panel 2010). A massive and seminal case in the developing Pensions Regulator Financial Support Direction (“FSD”) jurisdiction arising out of what has rightly been described as the most complex corporate insolvency in history. FSD issued against 6 targets within the worldwide Lehman Brothers Group. Andrew acted for the American holding company (LBHI) and various other targets within the Group. References to and strike-out application in the Upper Tribunal pending 2012.
Chemtura Group of companies – The next big FSD case after Lehman. During 2011 Andrew acted on behalf of all six members of the worldwide Chemtura Group against which the Pensions Regulator sought the issuing of a FSD in respect of the large deficit in the Group’s UK pension scheme. Settled shortly before the hearing.
Pilots National Pension Fund Trust Company Ltd v Taylor & 7 others – [2010] EWHC 1573 (Ch) - One of The Lawyer’s Top 10 Cases for 2010 and one of the biggest pension trials ever, the decision of Warren J resolving many issues concerning the scope of amendment powers and the meaning of various pieces of pensions legislation. Went to the Court of Appeal twice in 2012, but was adjourned on each occasion. Final disposal by Court of Appeal awaited.
Stena Line Ltd v (1) Merchant Navy Ratings Pension Fund Trustees Ltd (2) P&O Ferries Ltd – [2010] EWHC 1805 (Ch) - This important case dealing with a large deficit-affected industry-wide scheme reached the Court of Appeal in 2011. The issue was the scope of the Trustee’s power of amendment and whether it extended to enabling deficit repair contributions to be demanded from former employers such as P&O or only current employers such as Stena. Andrew acted for P&O and other non-current employers.
X v Y - Andrew is currently advising the employer and trustees of a major UK pension scheme in relation to pending claims against the scheme’s former investment advisors and managers arising out of the scheme’s investment in 2008 of a high proportion of its assets in a portfolio of credit default swap contracts and in a cash portfolio with a significant exposure to US subprime mortgages.
Gate Gourmet Luxembourg IV SARL v Morby & Fernley Airport Services Ltd; Specialist Airport Services Ltd v Morby – A series of claims in the Chancery Division in related actions involving allegations of breaches of warranty in a share purchase agreement, breaches of fiduciary duty and trust by company directors and preferential payments.
Philips v Bacon & Woodrow and Hewitt Associates - Andrew acted for Philips and its UK pension scheme trustees in a multimillion pound claim for professional negligence against their actuarial advisors raising issues including the scope of the duty of care of a scheme actuary when undertaking an actuarial valuation, which settled in 2009.
Ruttle Plant Hire Ltd v DEFRA (No 2) – [2006] EWHC 3426 - Multi-million pound commercial litigation against DEFRA arising out of Classical Swine Fever clean up (multiple preliminary issues determined prior to eventual settlement.
Ruttle Plant Hire Ltd v DEFRA no.1 – [2004] EWHC 2152 (TCC); 104 ConLR 110 - Successful commercial litigation for damages in excess of £21m against DEFRA arising out of FMD clean up operation.
AIG Enhanced Variable Rate Fund mis-selling claims - Andrew advised in relation to allegations of negligence, breach of contract and statutory duty made against the financial services/wealth management departments of a number of banks by a group of investors whose assets were invested on their behalf by or on the advice of those banks in an AIG investment fund allegedly marketed as an alternative to a cash deposit account.
Equitable Life – Group action by several hundred policyholders alleging mis-selling of with-profit pension annuity policies.
In 2010, Andrew provided expert evidence on UK pensions legal issues to the Court in Ontario in proceedings arising there out of the UK Pension Regulator’s attempt to obtain an FSD against members of the Nortel Group of companies.
Appointments
Appointed Civil Recorder on the Western Circuit 2005
Appointed Deputy High Court Judge 2008
Admitted to the panel of registered advocates at the Dubai International Financial Centre 2008
Memberships
APL - Association of Pension Lawyers
CBA - Chancery Bar Association
COMBAR - Commercial Bar Association (Member of the Executive Committee and Chairman of the North American Committee)
FSLA - Financial Services Lawyers Association
LCLCBA - London Common Law & Commercial Bar Association
PNBA - Professional Negligence Bar Association (former Member of Executive Committee)