Professional practice

Andrew Legg has a broad commercial and international law practice encompassing both litigation and arbitration. Andrew has acted on a diverse range of matters in the business and financial world, including banking and investments, insurance and reinsurance, utilities and telecoms, agriculture, mining and energy.

He regularly acts in substantial and complex cases, whether alone or as part of a larger counsel team, where he often appears unled to handle interim applications. He has acted in the Commercial Court, Mercantile Court, Administrative Court and Chancery Division of the High Court, the tax tribunals, and the CJEU.

Andrew has significant experience of domestic and international commercial arbitration and has acted in LCIA, SIAC and ICC arbitrations.

He has acted in a number of high-value investment treaty arbitrations, including both ICSID and ad hoc disputes under the UNCITRAL rules, acting for both investors and the respondent state.

In respect of public international law disputes, Andrew has appeared before the ICJ and acted in an ad hoc inter-state arbitration. He has advised governments and private entities on matters of public international law arising in domestic and international proceedings.

Andrew was appointed Junior Counsel to the Crown, the Attorney General’s Public International Law C Panel, in 2017.

 

Examples of recent cases

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 arises in relation to loss adjusting services provided to reinsurers of the losses from the Christchurch, NZ earthquakes in 2010-11.

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). Acting for the Respondent State, with Sam Wordsworth QC, Lucas Bastin and Sean Aughey, instructed by Bakr & Odeh.

Newby Foods Ltd v Foods Standard Agency [2016] EWHC 408 (Admin) Represented the claimants (led by Hugh Mercer QC, instructed by Tim Russ of Roythornes). The judgment considers the boundary between the competence of national courts over factual issues and the competence of the Court of Justice of the European Union over issues of EU law. The FSA has permission to appeal.

Sir Og Amazu v Glencore. Led by Vernon Flynn QC and Jeremy Brier, instructed by Dina Shiloh of Mischon de Reya, in this commercial court dispute arising from oral agreements in respect of a consultancy relationship in Nigeria.

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 European sanctions against supporters or beneficiaries of the Syrian regime.

Commercial dispute resolution

Sir Og Amazu v Glencore  Led by Vernon Flynn QC and Jeremy Brier, instructed by Dina Shiloh of Mischon de Reya, in this commercial court dispute arising from oral agreements in respect of a consultancy relationship in Nigeria.

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.

Insurance & reinsurance

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.

Drafted position statement in a mediation in respect of application of insurance policies relating to double-glazed windows, instructed by Peter Holliday of Wragge Lawrence Graham & Co (now Gowling WLG).

Advised a policyholder in relation to the insurer’s purported avoidance of a D&O policy. Advised the insurer in relation to the avoidance of a policy of motor insurance in circumstances involving excessive speeding resulting in a fatal accident.

Advised the insurer in relation to the proper construction of a series of life policies.

Advised a national government department in relation to the duties of an insurer when negotiating the settlement of an insured debt with a third party, in the context of renegotiations of sovereign debt.

Assisted Lord Saville to prepare an expert declaration on English Insurance Law for the US District Court in California dealing with the effect of a transfer scheme under Part VII FSMA 2000, in the case of Pepsi-Cola Metropolitan Bottling Co, Inc v AllState Insurance Co et al.

Assisted Stewart Boyd QC to prepare an expert declaration on English Insurance Law in relation to the missing markets defence and the operation of the Lloyd’s insurance market.

Public & administrative law

American Express Services Europe Ltd v HMRC Judicial Review of an assessment of over £55 million of VAT in respect of (inter alia) place of supply analysis of billing credit. Led by Roderick Cordara QC, instructed by Mitchell Moss, Ernst & Young.

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 [2016] EWHC 408 (Admin); Case C-453/12 (16 October 2014); [2014] EWHC 1340 (Admin); [2014] 3 C.M.L.R. 21; [2013] EWHC 3184 (Admin); [2013] EWHC 3694 (Admin); [2013] EWHC 2132 (Admin); [2013]; EWHC 1966 (Admin).  Acting, led by Hugh Mercer QC, instructed by Tim Russ of Roythornes, for the Claimant in its 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 include: a reference to the CJEU, interim relief, contempt of court by the European Commission, the duty of sincere cooperation, and the interplay between the CJEU and domestic courts.

R (Hewlett) v Animal and Plant Health Agency  Judicial review of a change of policy in respect of livestock in TB at risk areas.

Public international law

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) Acting for the Respondent State, with Sam Wordsworth QC, Lucas Bastin and Sean Aughey, instructed by Bakr & Odeh.

Assisted on behalf of an investor, instructed by Karel Daele of Mishcon de Reya, in an ongoing ICSID dispute.

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.

Advised in relation to claims before the European Court of Human Rights, both in respect of the applicant and the respondent state.

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 Appeal of an assessment of over £55 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.

Virgin Media Limited and Virgin Media Payments Limited v HMRC 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

2010 Lecturer in European Human Rights Law at the University of Oxford

2008 – 2010 Law Lecturer and Tutor at St Peter’s College, Oxford and Regents Park College, Oxford

2006 – 2008 Law Lecturer and Tutor at University College, Oxford

2005 – 2006 Legal Fellow at International Justice Mission in Washington, DC and Manila, Philippines

2006 Legal Advisor at AMERA-Egypt, advising and representing asylum seekers in Cairo before the UNHCR

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