Andrew Denny
Partner
London
Andrew Denny
Partner
London
Contact details
Andrew is a partner in the Litigation Department and head of the firm’s UK public law 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.
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
Related articles
Publications: 26 March 2024
The Football Governance Bill (the Bill), introduced to the UK Houses of Parliament (Parliament) last week on Tuesday 19 March, is set to implement historic reforms for the governance of men’s…
Publications: 17 January 2024
Publications: 19 December 2023
Publications: 14 December 2023
Experience highlights
Advising 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.
Advising 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.
Advising 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.
Advising The London Legacy Development Corporation in successfully defending judicial review proceedings challenging the outcome of the competition to select concessionaires for the Olympic Stadium.
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
Other noteworthy experience
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.
- A gas and oil company in a judicial review challenge to the UK’s National Implementation Measures arising from changes to the EU Emissions Trading Scheme.
- a gas pipeline operator in successfully defending judicial review proceedings brought by an unsuccessful tenderer for a construction contract.
- a railway infrastructure operator in adjudication and arbitration proceedings involving a contractual dispute with the operator of its electricity distribution system.
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
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
Andrew Denny has an instinctive eye and a broad understanding of public law issues.
Legal 500, 2019
well-versed in judicial review proceedings for claimants and defendants
Chambers, 2020
