• The Abraaj litigation in the Cayman Islands: complex disputes relating to the collapse of the multi-billion dollar UAE-based private equity group, including intra- and extra-group liabilities, the impact of alleged fraud, the scope of powers in the constitutional documents of various Funds within the group and the attribution of any fraud to various Funds.  Intra group insolvency and transaction avoidance claims (2020- ).
• London Capital & Finance Ltd and London Oil & Gas Limited v Thompson & others: high-profile, mini-bond civil fraud claim in London for £178m (2020-2024).
• The Emmerson v Renova litigation in the British Virgin Islands: billion-dollar joint venture dispute between Russian businessmen (2020-2024).
• MDW Holdings v Norvill & others [2022] EWCA Civ 883: share warranty and fraud claim, considering the impact of supervening events on loss referable to the value of the shares in question (2021-2022).
• Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2020] EWHC 1616 (Ch): litigation funding dispute, after the conclusion of the main dispute ([2019] UKSC 50) (2020).
• Krishna Holdco Limited v Gowrie Holdings Limited & others (ChD): shareholder and joint venture £150m dispute relating to importation and distribution of pharmaceuticals; 994 unfair prejudice petition and Part 7 proceedings (2020-2024).
• Delco Participation BV v Green Elite Ltd: British Virgin Islands shareholder dispute relating to Sino-Dutch metal recycling joint venture operated from Hong Kong, Macao and mainland China (2020-2024).
• Re Avara Avlon Pharma Services Ltd (in administration) (ChD): dispute relating to security interests over a valuable former AstraZeneca pharma site near Bristol; consideration of the effect of s 245 of the Insolvency Act 1986 (avoidance of certain floating charges) (2019).
• HMG Investment Holdings Limited v National Westminster Bank PLC [2018] EWHC 3492 (Comm): £40m derivatives mis- selling claim dismissed after a 3-week trial, followed by a CPR 52.30 application in the Court of Appeal in 2019. Andrew appeared for the Bank in this emphatic win (2017-2018).

Andrew deals with all aspects of civil fraud litigation, including early pre-emptive remedies through to enforcement. He has handled alleged frauds of all kinds, including MTIC, employee, advance fee, internet and Crypto, and acts for both victims and defendants.

Examples include:

• London Capital & Finance Ltd and London Oil & Gas Limited v Thompson & others: high-profile, mini-bond civil fraud claim in London for £178m (2020-2024).
• WWRT v Tyshchenko, and other WWRT claims: various alleged fraud claims based on Ukrainian law, heard in England and in the BVI, with applications for freezing order interim relief, and enforcement issues.  See [2021] EWHC 939 (Ch), [2021] EWHC 2129 (Ch), BVIHC (COM) 2021/0096, [2023] EWHC 79 (Ch), [2023] EWHC 907 (Ch), BVIHCMAP2022/0002 and [2023] EWHC 2043 (Ch).
• Juul Labs Inc & another v Quick Juul Ltd (formerly Quick Xuul Ltd and Quick Juul Ltd) & others [2018] EWHC 3578 (Ch): IP- related fraud claim against a determined gang. Innovative Norwich Pharmacal orders, allowing iterative, ongoing disclosure without having to return to court.
• Hilton & others v D IV LLP & others [2015] EWHC 2 (Ch): Norwich Pharmacal claim against a professional services firm alleged to have become mixed up in wrongdoing.
• Islamic Investment Company of the Gulf (Bahamas) Limited v Mehta & others: long running enforcement dispute (2010 to 2016).

Andrew is internationally based with expertise and connections, both in litigation and arbitration, in Singapore, Hong Kong, Cayman, the Eastern Caribbean, Bermuda, Dubai, Abu Dhabi, IOM and the Channel Islands.

Examples include:

• The Abraaj litigation in the Cayman Islands: complex disputes relating to the collapse of the multi-billion dollar UAE-based private equity group, including intra- and extra-group liabilities, the impact of alleged fraud, the scope of powers in the constitutional documents of various Funds within the group and the attribution of any fraud to various Funds.  Intra group insolvency and transaction avoidance claims.
• The Emmerson v Renova litigation in the British Virgin Islands: billion-dollar joint venture dispute between Russian businessmen (2020-2024).
• Various WWRT claims in the British Virgin Islands:  See BVIHC (COM) 2021/0096 and BVIHCMAP2022/0002.
• Throne Capable Investment Limited v Agile Star Group Limited, BVIHCMAP2020/0014: costs in liquation applications.
• Delco Participation BV v Green Elite Ltd: British Virgin Islands shareholder dispute relating to Sino-Dutch metal recycling joint venture operated from Hong Kong, Macao and mainland China.

Andrew deals with all aspects of commercial dispute resolution, including joint ventures, distribution agreements, jurisdiction and service disputes, anti-suit injunctions, recognition and enforcement of foreign judgments.

Examples include:

• The Abraaj litigation in the Cayman Islands: complex disputes relating to the collapse of the multi-billion dollar UAE-based private equity group, including intra- and extra-group liabilities, the impact of alleged fraud, the scope of powers in the constitutional documents of various Funds within the group and the attribution of any fraud to various Funds.  Intra group insolvency and transaction avoidance claims.
• WWRT v Tyshchenko, and other WWRT claims: various alleged fraud claims based on Ukrainian law, heard in England and in the BVI, with applications for freezing order interim relief, and enforcement issues.  See [2021] EWHC 939 (Ch), [2021] EWHC 2129 (Ch), BVIHC (COM) 2021/0096, [2023] EWHC 79 (Ch), [2023] EWHC 907 (Ch), BVIHCMAP2022/0002 and [2023] EWHC 2043 (Ch).
• Fenchurch Advisory Partners LLP v AA Limited [2023] EWHC 108 (Comm): claim for a contractual success fee, alternatively restitutionary liability, on behalf of a corporate finance advisory business.
• MDW Holdings v Norvill & others [2022] EWCA Civ 883: share warranty and fraud claim, considering the impact of supervening events on loss referable to the value of the shares in question.
• Yuchai Dongte Special Purpose Automobile Co Ltd v Suisse Credit Capital (2009) Ltd [2018] EWHC 2580 (Comm): letters of credit: the interaction between UCP 600 and the SWIFT rules, and permissible adverse inferences arising from a material failure to comply with disclosure.
• LBI EHF v Greif International Holdings B.V.: derivatives litigation arising out of the Icelandic Landsbanki insolvency and restructuring; interpretation questions on the standard form ISDA Master Agreement (1992 version), in particular the Payment Obligations under section 2(a)(iii).
• El Haddad v Rostamani & others [2021] EWHC 1892 (Ch): jurisdiction challenge.
• Nimer v Al Saqer Group & others [2021] EWHC 50 (QB): jurisdiction challenge.

Andrew is highly experienced in complex joint venture and shareholder disputes, both domestically and internationally, directors’ and fiduciary duties, and in company meetings and corporate constitutional issues.

Examples include:

• Krishna Holdco Limited v Gowrie Holdings Limited & others (ChD): shareholder and joint venture £150m dispute relating to importation and distribution of pharmaceuticals; 994 unfair prejudice petition and Part 7 proceedings.
• Delco Participation BV v Green Elite Ltd: British Virgin Islands shareholder dispute relating to Sino-Dutch metal recycling joint venture operated from Hong Kong, Macao and mainland China.
• Grantley Limited v Linda Kristin Bennett & others (ChD): 994 unfair prejudice petition relating to the well- known high street retailer, L.K. Bennett.
• F&C Alternative Investments (Holdings) Limited v Barthelemy & another [2011] EWHC 1731 (Ch): unfair prejudice petitions and put option claims.

Andrew advises on and appears in restructuring and insolvency proceedings, including creditor petitions, just and equitable winding up, challenges to insolvency regimes and cross-border applications.

Examples include:

• The ongoing Abraaj litigation in the Cayman Islands: intra group insolvency and transaction avoidance claims.
• Throne Capable Investment Limited v Agile Star Group Limited, BVIHCMAP2020/0014: costs in liquation applications.
• Re Avara Avlon Pharma Services Ltd (in administration) (ChD): dispute relating to security interests over a valuable former AstraZeneca pharma site near Bristol. Consideration of the effect of s 245 of the Insolvency Act 1986 (avoidance of certain floating charges).
• Simon Franklin Plant and Daniel Plant (administrators of Relentless Software Ltd) v (1) Vision Games 1 Ltd (2) Ultimate Finance Ltd (3) Thincats Loan Syndicates Ltd (4) Relentless Vision 1 Ltd [2018] EWHC 108 (Ch): fixed and floating charges.
• The bankruptcy of Asil Nadir: instructed by Mr Nadir on the application before the Chief Registrar to secure his discharge from bankruptcy after 17 years.
• Barlow Clowes International Ltd (In Liquidation) v Henwood [2008] EWCA Civ 577: instructed by the claimant in relation to the Court of Appeal decision relating to domicile in the context of personal insolvency (led by Geoffrey Vos QC).
• The Liquidating Partners of the Arthur Andersen partnerships: instructed by the Liquidating Partners of Arthur Andersen in an application in relation to the final winding up of the businesses of these partnerships.

Andrew has taken a leading role in numerous banking and financial services cases over many years, incorporating issues relating to international trade, warehousing security, letters of credit, guarantees, fraud, insolvency and enforcement, structured products and derivatives, bondholder proceedings and the enforceability of letters of intent.

Examples include:

• The Abraaj litigation in the Cayman Islands: complex disputes relating to the collapse of the multi-billion dollar UAE-based private equity group, including intra- and extra-group liabilities, the impact of alleged fraud, the scope of powers in the constitutional documents of various Funds within the group and the attribution of any fraud to various Funds.  Intra group insolvency and transaction avoidance claims.
• Fenchurch Advisory Partners LLP v AA Limited [2023] EWHC 108 (Comm): claim for a contractual success fee, alternatively restitutionary liability, on behalf of a corporate finance advisory business.
• HMG Investment Holdings Limited v National Westminster Bank PLC [2018] EWHC 3492 (Comm): £40m derivatives mis- selling claim dismissed after a 3-week trial, followed by a CPR 52.30 application in the Court of Appeal in 2019.
• Yuchai Dongte Special Purpose Automobile Co Ltd v Suisse Credit Capital (2009) Ltd [2018] EWHC 2580 (Comm): letters of credit: the interaction between UCP 600 and the SWIFT rules, and permissible adverse inferences arising from a material failure to comply with disclosure.
• LBI EHF v Greif International Holdings B.V.: derivatives litigation arising out of the Icelandic Landsbanki insolvency and restructuring; interpretation questions on the standard form ISDA Master Agreement (1992 version), in particular the Payment Obligations under section 2(a)(iii).
• FBN Bank (UK) Ltd v Leaf Tobacco A Michailides SA & others [2017] EWHC 3017 (Comm): banking, warehousing security and enforcement.

Andrew advises on and appears in international and domestic trusts disputes, often including succession issues.

Examples include:

• Beddoe and other directions applications.
• Public Trustee v Cooper and other sanction applications.
• Information rights.
• Breach of trust claims.
• Shams and mere nomineeship.
• Minors and unborns.
• Trustees’ remuneration and indemnities.