Professional practice

Andrew practices in a wide range of commercial and international law disputes, before domestic courts and tribunals (Supreme Court, Court of Appeal, High Court and tax and employment tribunals), commercial arbitral tribunals (such as the LCIA, SIAC, ICC) and international courts and tribunals (including the ICJ, PCA, CJEU, ECtHR and ICSID).

Andrew has acted on a diverse range of matters in the business and financial world, including banking, investments, joint ventures, bribery, fraud, international trade, tax, employment, asset recovery, jurisdictional disputes, injunctive relief, insurance and reinsurance, utilities and telecoms, shareholder disputes, agriculture, mining and energy.

His cases frequently involve substantial sums, complex factual and legal issues, and disputes involving multi-jurisdictional and international elements. Andrew acts both as sole counsel and as part of a wider counsel team.

 

Examples of recent cases

Benyatov v Credit Suisse Securities (Europe) Ltd [2020] EWHC 85 (QB), Andrew acts for Mr Benyatov, led by Charles Ciumei QC and with Naomi Hart, instructed by Tom Southwell, David Howe and Ruth Manson at Scott+Scott UK LLP. Mr Benyatov claims for loss of career earnings after being unable to work following his conviction in Romania for espionage whilst conducting his duties for the bank. The claims are (i) under the implied indemnity in his contract of employment and (ii) for breaches of duty by the bank in failing to undertake appropriate risk assessment when sending him to Romania. The Court considered these claims to have a real prospect of success at trial, but struck out claims relating to the adequacy of the bank’s response to Mr Benyatov’s arrest. This case is on The Lawyer’s list of ‘Top 20 Cases’ of 2020.

UCP Plc v Nectrus Limited [2019] EWHC 3274 (Comm); [2019] EWHC 1732 (Comm) acted for the Defendant led by Andrew Butler QC and with Edward Blakeney, instructed by Atul Amin at Hugh Cartwright & Amin in this bifurcated trial relating to losses arising from investments in the Indian property sector, in which the Defendant succeeded in resisting two thirds of the claim.

Webster v United States [2019] 10 WLUK500 Acted for the Respondent State, led by Prof Dan Sarooshi QC, instructed by Robert Volterra and Maria Fogdestam-Agius of Volterra Fietta LLP and Michael Burd and Emma Delap of Lewis Silkin LLP. The Employment Tribunal ruled that the common law doctrine of State immunity applied such that the Tribunal had no jurisdiction to hear claims by two UK nationals who were formerly employees of the US Airforce  working on military bases in the UK.

American Express Services Europe Ltd v HMRC [2019] UKFTT 548 (TC) Successful appeal of an assessment of over £60 million of VAT in respect of (inter alia) place of supply analysis of billing credit. Led by Roderick Cordara QC, instructed by Mitchell Moss of Ernst & Young.

R (Newby Foods) v Food Standards Agency [2019] UKSC 18; Case C-453/12.  Acting, led by Hugh Mercer QC, instructed by Tim Russ of Roythornes, for the Claimant in its long-running judicial review of the FSA’s decision to impose a moratorium on the production of desinewed meat, the European Commission joined as an interested party. Matters raised in satellite proceedings reported at [2014] 3 C.M.L.R. 21 included: contempt of court by the European Commission and the duty of sincere cooperation. The High Court found that the moratorium was unlawful as it applied to Newby’s chicken and pork products, applying the CJEU decision on the reference, but the Court of Appeal and Supreme Court ruled that the proper interpretation of the CJEU judgment rendered the moratorium lawful.

Commercial dispute resolution

UCP Plc v Nectrus Limited [2019] EWHC 3274 (Comm); [2019] EWHC 1732 (Comm) acted for the Defendant led by Andrew Butler QC and with Edward Blakeney, instructed by Atul Amin at Hugh Cartwright & Amin in this bifurcated trial relating to losses arising from investments in the Indian property sector, in which the Defendant succeeded in resisting two thirds of the claim

Cruz City 1 Mauritius Holdings v. Unitech Ltd & Ors: Advising Nectrus Limited, a Cypriot entity, in proceedings in the Isle of Man in relation to the Claimant’s efforts to enforce against it an outstanding arbitration award against Unitech Ltd (an Indian entity)

SIAC Arbitration in 2017-18 (confidential); led by Vernon Flynn QC in a multibillion dollar dispute relating to an investment in a property development in the Philippines, instructed by Jones Day.

LCIA Arbitration in 2018 (confidential); led by Huw Davies QC in a half billion dollar dispute involving allegations of bribery in relation to the award of an oil drilling contract in South America.

R+V Versicherung AG v Robertson and Co SA [2016] EWHC 1243 (QB) Acting for the Defendant in its application to contest jurisdiction, instructed by Neil Dooley and Chloé Bakshi of Steptoe & Johnson LLP. The claim arose in relation to loss adjusting services in respect of coverage of the losses from the Christchurch, NZ earthquakes in 2010-11.

Hyundai Marine & Fire Insurance Co Ltd v Houlder Insurance Commercial Court claim involving non-disclosure by brokers in the placing of insurance. The claim was for in excess of $9 million. Led by Christopher Smith QC, instructed by Nigel Wick of Holman Fenwick Willan.

Hmicho v Barclays Bank Plc [2015] EWHC 1757 (QB) Represented the applicant for injunctive relief, instructed by Vivien Davies of Edwin Coe LLP. The application was for an order to unfreeze the applicant’s bank account, which had been frozen pursuant to the European sanctions against supporters or beneficiaries of the Syrian regime.

Deutsche Bank AG v Sebastian Holdings Inc [2013] EWHC 3463 (Comm) Acted as part of the counsel team during the trial and preparation of closing submissions, with David Foxton QC, Sonia Tolaney QC, Henry King and James MacDonald, instructed by Freshfields. The case involved $multi-billion claims in the Commercial Court arising from equities and FX trading losses in 2008.

Cadogan Petroleum Holdings Ltd v Global Process Systems LLC [2013] EWHC 214 (Comm)  (led by Paul Stanley QC, instructed by Bernard O’Sullivan of Byrne & Partners) The case involved the sale of gas plants in instalments, and inter alia arguments from the law of penalties, forfeiture, restitution and construction.

JP SPC 4 & Others v Timothy Schools & Others Led by Paul McGrath QC and David Peters, instructed by Anne McCarthy of K&L Gates, in a civil fraud claim and related applications arising out of a worldwide freezing order, for the recovery of over £100 million invested by Cayman Islands investment funds in the UK litigation funding market.

Employment

Andrew has advised and appeared to in a variety of employment disputes in the tribunals and before the High Court, in particular in relation to seeking injunctive relief. Notable recent cases include:

Benyatov v Credit Suisse Securities (Europe) Ltd [2020] EWHC 85 (QB), led by Charles Ciumei QC and with Naomi Hart, instructed by Tom Southwell, David Howe and Ruth Manson at Scott+Scott. The Claimant seeks loss of earnings after being convicted in Romania whilst working for the bank under (i) an implied indemnity in his contract of employment and (ii) for breaches of duty in failing to undertake appropriate risk assessment when sending him to Romania. The Court considered these claims to have a real prospect of success at trial, but struck out claims relating to the adequacy of the bank’s response to Mr Benyatov’s arrest. This case is on The Lawyer’s list of ‘Top 20 Cases’ of 2020.

Webster v United States [2019] 10 WLUK500 Acted for the Respondent Stated, led by Prof Dan Sarooshi QC, instructed by Robert Volterra and Maria Fogdestam-Agius of Volterra Fietta LLP and Michael Burd and Emma Delap of Lewis Silkin LLP. The Employment Tribunal ruled that the common law doctrine of State immunity applied such that the Tribunal had no jurisdiction to hear claims by two UK nationals who were formerly employees of the US Airforce  working on military bases in the UK.

Insurance & reinsurance

Andrew has advised on a wide range of insurance disputes, and acted for policy holders and insurers in relation to construction, coverage and settlement of claims, both before proceedings have commenced at mediation, or in litigation.

Hyundai Marine & Fire Insurance Co Ltd v Houlder Insurance  Commercial Court claim involving non-disclosure by brokers in the placing of insurance. The claim was for in excess of $9 million. Led by Christopher Smith QC, instructed by Nigel Wick, Holman Fenwick Willan.

R+V Versicherung AG v Robertson and Co SA [2016] EWHC 1243 (QB)  Acting for the Defendant in its application to contest jurisdiction, instructed by Neil Dooley and Chloé Bakshi of Steptoe & Johnson LLP. The claim arose in relation to loss adjusting services in respect of coverage of the losses from the Christchurch, NZ earthquakes in 2010-11.

Public & administrative law

CCS Media Holdings Ltd v HMRC [2019] EWHC 1172 (Admin), led by Jim Pickup QC, instructed by Julian Balson at Bird & Bird LLP in an application for interim relief not to pay a second VAT assessment for the same quarter (the first on the basis of an MTIC fraud dispute, and the second on the basis that the same goods were not exported). The Court found that the matter was best resolved by the FTT.

R (Arab Republic of Egypt) v The Treasury Acting, led by Paul McGrath QC and Tim Eicke QC, for the Arab Republic of Egypt in its judicial review of the Treasury’s decision to withhold information relating to assets frozen in relation to a European Regulation.

R (Newby Foods) v Food Standards Agency [2019] UKSC 18; Case C-453/12.  Acting, led by Hugh Mercer QC, instructed by Tim Russ of Roythornes, for the Claimant in its long-running judicial review of the FSA’s decision to impose moratorium on the production of desinewed meat, the European Commission joined as an interested party. Matters raised in satellite proceedings reported at [2014] 3 C.M.L.R. 21 included: contempt of court by the European Commission and the duty of sincere cooperation. The High Court found that the moratorium was unlawful as it applied to Newby’s chicken and pork products, applying the CJEU decision on the reference, but the Court of Appeal and Supreme Court ruled that the proper interpretation of the CJEU judgment rendered the moratorium lawful.

Public international law

Acted for and advised the UK Government on a variety of ECHR cases, and other trade related public international law matters.

Webster v United States [2019] 10 WLUK500 Acted for the Respondent Stated, led by Prof Dan Sarooshi QC, instructed by by Robert Volterra and Maria Fogdestam-Agius of Volterra Fietta LLP and Michael Burd and Emma Delap of Lewis Silkin LLP. The Employment Tribunal ruled that the common law doctrine of State immunity applied such that the Tribunal had no jurisdiction to hear claims by two UK nationals who were formerly employees of the US Airforce  working on military bases in the UK.

Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Mr. Fouad Mohammed Thunyan Alghanim v Hashemite Kingdom of Jordan (ICSID Case No. ARB/13/38) Acted for the Respondent State, with Sam Wordsworth QC, Lucas Bastin and Sean Aughey, instructed by Bakr & Odeh.

Questions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v. Australia) ICJ Order of 3 March 2014 on a Request for the Indication of Provisional Measures. Acting for Timor-Leste, led by Sir Eli Lauterpacht QC, Vaughan Lowe QC and Sir Michael Wood, instructed by DLA Piper.

Arbitration under the Timor Sea Treaty (Timor-Leste v. Australia). Acting for Timor Leste. Led by Sir Frank Berman QC, Vaughan Lowe QC and Sir Geoffrey Nice QC, instructed by Rod Bundy and Loretta Malintoppi of Eversheds (Singapore), in proceedings instituted on 23 April 2013. The Permanent Court of Arbitration acts as registry in the arbitration.

Acted for an investor, led by Toby Landau QC, in a matter involving a multi-billion dollar utilities investment dispute. The matter settled before the commencement of the hearing.

Advised various governments and commercial clients in relation to the application of sanctions regimes (Iranian, Syrian, Egyptian and Libyan), ECT claims, claims arising from BIT claims, the renegotiation of sovereign debt.

Assisted Prof Vaughan Lowe QC in relation to two matters before the ICJ in 2007-8 Maritime Delimitation in the Black Sea’ Romania v Ukraine(2009), and ‘Request for Interpretation of the Judgment of 31 March 2004 in Avena and other Mexican Nationals ‘Mexico V Usa (2009).

Revenue law (including VAT, IPT, duties & excise)

American Express Services Europe Ltd v HMRC [2019] UKFTT 548 (TC) Successful appeal of an assessment of over £60 million of VAT in respect of (inter alia) place of supply analysis of billing credit. Led by Roderick Cordara QC, instructed by Mitchell Moss of Ernst & Young.

DCM (Optical Holdings) Ltd v Revenue and Customs Commissioners [2018] UKUT 409 (TCC). Acted led by Roderick Cordara QC, instructed by David Kerr at Harper Macleod LLP in relation to statutory powers to amend repayment returns, separately disclosed charges, discounts and time bar.

Virgin Media Limited and Virgin Media Payments Limited v HMRC [2020] UKFTT 0030 (TC) Led by Roderick Cordara QC, instructed by David Anderson and Holly Rowland of PwC Legal, involving the VAT liability of payment handling charges.

Data Select v HMRC  Led by David Scorey, instructed by Martin O’Neill of Smith & Williamson, for the appellant.

JDI Trading v HMRC [2012] UKFTT 642(TC), Led by David Scorey, instructed by Martin O’Neill of Smith & Williamson, for the appellant. The Tribunal granted the appeal, resulting in the repayment of approximately £700k of VAT.

Career

2017 Appointed Junior Counsel to the Crown, the Attorney General’s Public International Law C Panel

2010 – 2011 Pupillage at Essex Court Chambers

2010 Called to the Bar, Lincoln’s Inn

2006 – 2010 Law Lecturer and Tutor at University College, St Peter’s College, and Regents Park College, Oxford

Education

2010 DPhil, University of Oxford: thesis entitled “Deference in International Human Rights Law”

2007 MPhil, University of Oxford

2005 BCL (Distinction), University College, Oxford

2004 BA in Jurisprudence, University College, Oxford

Awards

2010 Hubert Greenland Scholarship (Lincoln’s Inn)

2009 Lord Mansfield Scholarship (Lincoln’s Inn)

2009 Hardwicke Scholarship (Lincoln’s Inn)

2006 – 2009 AHRC Doctoral Award

2006 – 2009 Harvey Fellowship

2006 Commercial Bar Studentship (University of Oxford, not able to accept)

Publications

A Legg, Book Review of ‘Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation’, edited by Lukasz Gruszczynski and Wouter Werner (2016) 17 Journal of World Investment & Trade 166.

V.V. Veeder & A Legg “The Meaning of “Foreign Control” under Article 25(2)(B) of the ICSID Convention”, in M Kinnear et al (eds), Building International Investment Law: The First 50 Years of ICSID (2015, Kluwer Law International)

A Legg, “Human Rights, the Margin of Appreciation, and the International Rule of Law”, in M Kanetake and A Nollkaemper (eds), The Rule of Law at the National and International Levels (2016, Hart Publishing)

A Legg, The Margin of Appreciation in International Human Rights Law (2012, OUP)

A Legg, ‘Jarvis and the FTT’s jurisdiction to address human rights violations’ (2013) 200 De Voil ITI 27

A Legg, ‘Oxfam, Accenture and the standard of review in claims for breach of a legitimate expectation’ (2012) 195 De Voil ITI 18

A Legg, ‘Esporta Ltd v HMRC: VAT on membership fees’ (2011) 1100 Tax Journal 8

Andrew was an Assistant Editor of the European Human Rights Reports, published by Sweet & Maxwell from 2010-2017