Andrew Fletcher QC

Call 1980; QC 2006; MA (Hons) (Cantab)
Email: afletcher@3vb.com

Andrew Fletcher has a general commercial practice. He has regularly been involved in substantial and high profile litigation, starting with the Lonrho/Fayed dispute in relation to the acquisition of Harrods; the Maxwell litigation (seeking recovery from banks on behalf of pension fund trustees); acting for the successful applicant in TSB v Chabra (a seminal authority in relation to grant of freezing injunctions over respondents against whom there is no substantive cause of action), the collapse of Polly Peck International (instructed on behalf of the group's auditors), claims by Sir Elton John involving allegations as to the incorrect treatment of his concert touring income ; claims arising out of the collapse of Independent Insurance Group plc (including D & O policy coverage issues and allegations of breach of duty by directors in relation to allegations of payment of a dividend allegedly unlawful by reason of errors in the relevant account. In 2006, he took silk. He appeared in a 40 day trial on behalf of the Abu Dhabi Investment Corporation pursuing allegations of fraudulent misrepresentation in relation to the sale of a fleet of container ships, and in the subsequent appeal.  He has appeared in the Courts of the Cayman Islands in both offshore and onshore disputes. Most recently he appeared on behalf of banks seeking recovery in respect of ship-financing transactions, on behalf of the Libyan Arab Commercial Bank in declaratory proceedings following the displacement of the Gaddafi regime by the National Transitional Council, and in the Court of Appeal's December 2011 ruling in Withers v Rybak as to the availability of a solicitor's retaining lien.

Recommended in directories as a leading silk for commercial dispute resolution work, he is described as "approachable, responsive and great on his feet" (Chambers 2012); who " turns work around quickly and always displays impressive attention to detail" (Chambers 2011); as "relaxed but incisive and on-the-ball" (Chambers 2010); and as approaching his cases with "bags of enthusiasm" (Chambers 2009).

Specialist areas

Areas in which he has particular experience are claims relating to contracts (including construction, formation, breach of contract, warranties and misrepresentation, especially in share and asset sale, and other commercial agreements); commercial fraud (including conspiracy, deceit, misrepresentation and asset tracing); banking and finance (advising both banks and counterparties as to their position in relation to banking instruments, including letters of credit, guarantees, swaps, the ISDA Master Agreement, and demand guarantees including under UCP 600 and URDG 758); equitable relief including constructive and remedial trusts and dishonest assistance claims, trustee's duties, and the exercise of fiduciary powers; insurance and reinsurance (including coverage issues, avoidance, and business interruption claims); company law and insolvency issues especially allegations of breach of directors' duties, transactions at an undervalue, preferences, transactions in fraud of creditors; professional negligence in a commercial context; and injunctions and interim remedies, especially freezing injunctions and search orders. He has presented lectures on many aspects of contract law, on directors' duties (especially under the Companies Act 2006) and on D & O policies.