He has particular expertise in cross-border disputes, including jurisdiction challenges, anti-suit injunctions and managing parallel claims in different jurisdictions.
Andrew advises corporate clients on human rights issues including defending claims in the UK courts in relation to alleged human rights impacts in other jurisdictions. He leads the editorial board of the group's publication The Business & Human Rights Review. Andrew chairs A&O Shearman's Human Rights Working Group, heading up the Executive Committee responsible for formulating policy and strategy to guide the firm's human rights work. He also acts for non-governmental organisations on a pro-bono basis in relation to human rights challenges against the UK government.
Andrew is Head of UK Public Law. He specialises in commercial and financial litigation, public and administrative law and human rights issues.
Expertise
Industries
Experience
Representative matters
Four defendant banks at the trial of a EUR800m claim by Marme Inversiones in the English Commercial Court which alleges EURIBOR manipulation in relation to interest rate swaps between it and the banks. The swaps were entered into in connection with a loan to Marme to finance the purchase of Santander’s global headquarters.
The Delegate under a USD700m sukuk transaction in successfully defending a claim in the English courts by Dana Gas seeking to invalidate the transaction on the basis that it was allegedly not compliant with sharia law.
Macquarie Capital, MIRA and USS, as preferred bidders in the GBP2.3bn acquisition of the Green Investment Bank from the UK Government, in successfully opposing judicial review proceedings brought by an unsuccessful tenderer seeking to challenge that appointment.
A syndicate of lenders in litigation arising from default under a USD150m term loan, involving claims by the defendants (Unitech) of implied representations relating to alleged manipulation of LIBOR. This is one of the leading cases in the area, involving two judgments the Court of Appeal setting down key principles.
Pro bono
Andrew chairs the firm’s Human Rights Working Group which is responsible for co-ordinating the firm’s pro bono human rights work. His own pro bono experience includes acting for:
• Bail for Immigration Detainees (BID) in pro bono interventions in several Supreme Court cases involving issues of access to justice and the availability of adequate remedies for immigrants in detention, including in an appeal against the UK Government’s “deport first, appeal later” policy, which resulted in judgment which significantly undermined that policy.
• The AIRE Centre, a specialist charity which assists marginalised individuals and those in vulnerable circumstances, in intervening in a Supreme Court case regarding the application of the Refugee Convention and the UK government’s responsibilities in connection with refugee families living on the Sovereign Base Areas in Cyprus.
• JUSTICE in applying to intervene in the appeal brought by the UK Government against the Court of Appeal's decision to grant a writ of habeas corpus on a petition brought by a Pakistani national captured by British forces in Iraq, but handed over to US forces and transferred to Bagram airbase in Afghanistan. The Supreme Court held that the rendition and detention was a breach of international human rights law.
Published Work
- Andrew has written articles on public law issues for publications such as Judicial Review
Leadership Positions And Professional Affiliations
- Associate Member, Administrative Law Bar Association
- Member, Solicitors' Association of Higher Court Advocates
Recognition
“a fine track record for high-quality, complex investment banking disputes, is always on top of the issues in a case, and gives his all for his clients.”
Legal 500, 2019
“a great strategic thinker and an extremely impressive finance litigator, who is a delight to work with.”
Chambers, 2020
Qualifications
Admissions
Admitted as barrister and solicitor, New Zealand, 1995
Admitted as solicitor, England and Wales, 2000
Academic
BA, Economics, The University of Auckland, 1994
LLB Hons, The University of Auckland, 1994
LLM, University of Cambridge, 1999
Languages
English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.