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Andrew Denny

Partner

London

Denny Andrew
Andrew Denny

Partner

London

Andrew is a partner in the Litigation Department, head of the firm’s UK public law practice and Co-Head of the Global Business and Human Rights Practice.

He specialises in commercial and financial litigation, public and administrative law and human rights issues.  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 Allen & Overy'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.

Other noteworthy experience includes advising: 

  • 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.
  • the Trustee of Exchange Bonds issued by the Republic of Argentina in defending English proceedings seeking a declaration requiring the Trustee to pay over to bondholders interest payments made by the Republic, notwithstanding an injunction from the New York court which prevented the Trustee from releasing such payments.
  • a multinational corporation headquartered in London facing multiple human rights-related transnational tort claims before the High Court of England and Wales.
  • a bank in bringing proceedings seeking a declaration that it was not liable for breaches of duty alleged by an insolvent Norwegian oil drilling company, which was seeking to claim in excess of £700m. This involved successfully resisting a challenge to the jurisdiction of the English courts, including an appeal to the Court of Appeal.
  • the Trustee of the notes issued by Eurosail-UK 2007-3BL Plc in bringing proceedings seeking a declaration as to whether the issuer should be deemed to be unable to pay its debts. This resulted in the leading judgment from the Supreme Court on the question of balance sheet insolvency.
  • a Trustee in pursuing claims on behalf of bondholders in the insolvency of Kaupthing, Singer and Friedlander (KSF). This involved pursing a successful appeal to the UK Supreme Court on a novel question of law, which resulted in a significantly increased recovery for bondholders.
  • the Association of Project Managers (APM) in successfully opposing judicial review proceedings brought by the Project Management Institute of the recommendation to the Privy Council that APM be granted a Royal Charter.
  • a major retailer with an extensive and complex supply chain regarding developments in the area of human rights-related transnational tort litigation.
  • the Chartered Institute of Management Accountants in defending judicial review claims brought by members challenging the outcome of disciplinary proceedings.
  • Total Lindsey Oil Refinery Ltd in a judicial review challenge to the UK’s National Implementation Measures arising from changes to the EU Emissions Trading Scheme. 
 

Experience highlights

Office

London

Allen & Overy LLP
One Bishops Square
London
E1 6AD

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Qualifications

Professional

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

Pro-bono experience

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. 

Recognition

Published work

  • Andrew has written articles on public law issues for publications such as
    Judicial Review

News & insights

Publications: 02 DECEMBER 2020

English court strikes out claims against BHP for Brazilian dam collapse

The High Court has struck out the claims of over 200,000 individuals and businesses affected by the collapse of the Samarco dam in Brazil in 2015.  At the root of the finding in Municipio de Mariana v…

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Publications: 12 MAY 2020

Nevsun Resources Ltd. v Araya: Canadian Supreme Court confirms that Eritreans can seek legal redress against Canadian parent company for alleged violations of customary international law

The Supreme Court of Canada has upheld the Court of Appeal's decision in Nevsun Resources Ltd. v Araya 2020 SCC 5, ruling that a claim for alleged breaches of domestic torts and customary…

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Publications: 18 MARCH 2020

Mining company not liable for unlawful acts of Sierra Leonean police

The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144.  This is an important case for businesses exposed to…

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Publications: 06 MARCH 2020

Playing a part in promoting a gender equal world

To mark International Women’s Day, we take a look at how our pro bono work is driving change for women around the world

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