 |
|
|
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 (which has become
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 by the directors of his management
companies; 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.
Most recently he has 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.
Specialist
areas
Areas
in which he has particular experience are share purchase agreements
(especially misrepresentation and breach of warranty claims);
insurance and reinsurance; fraud claims; corporate governance
issues; company and insolvency issues arising out of or inter-relating
with commercial disputes; professional negligence, primarily
in a financial context.
Reported
Cases include:
- R.
v. Secretary of State for Trade and Industry, ex parte Lonrho
plc (HL) [1989] 1 WLR 525 (judicial review of Secretary
of State's decision not to refer an acquisition to the MMC,
and not to publish a Companies Act Inspectors' Report);
- Landauer Limited v. Comins (CA), The Times, 7 August
1991 (claim against auditors of a commodity trading group
struck out because of destruction of documents);
- TSB Private Bank International SA v. Chabra [1992]
1 WLR 231 (mareva injunction against non party);
- CT Bowring & Co (Insurance) Ltd v. Corsi & Partners
[1995] 1 BCLC 148, CA (whether jurisdiction to order security
for costs against a company in the context of an application
for damages pursuant to a cross undertaking in mareva injunction);
- Camelot Group Plc v. Beech (6.11.96), New Law Online
2961117101 (whether sale of a lottery ticket to a minor as
agent for an adult constituted a "sale to a minor");
- Bristol Knitwear Centre Ltd v. Axa Reinsurance Plc
(11.9.98), New Law Online 2981219603 (security for costs ordered
against impecunious company in relation to an allegedly fraudulent
fire damage claim);
- Larussa-Chigi v. C S First Boston Limited [1998] CLC
227, QBD (Comm Ct) (whether foreign exchange margin trading
was subject to SFA Conduct of Business Rules);
- Thornton Springer v. NEM Insurance [2000] 2 All ER
489 (dispute as to policy coverage in respect of the costs
of an insured's successful defence of claims brought against
it);
- Rosedale (JW) Investments Ltd & ors v British Steel
plc - CA, 15.11.00. Breach of warranty and tax indemnity
claims arising out of a £330m share purchase agreement,
and associated issues as to treatment of pension fund assets
and liabilities;
- Sir Elton John & ors v Price Waterhouse & anr
- Chancery Division - Ferris J [2002] 1 WLR 953 Claim that
defendant accountants and director negligently failed to report
that fees were not being borne in accordance with management
agreements - Whether accountants and director owed duty of
care and were in breach;
- Indosuez International Finance BV v National Reserve Bank:
[2002] EWHC 774 (Comm) - Queen's Bench Division (Commercial
Court) - Morison J - 26.04.02 Application for discharge of
a freezing order in aid of enforcement of foreign judgment;
- Pharmed Medicare Private Ltd v Univar Ltd [2002] EWCA
Civ 1569 (CA) Ostensible authority to conclude a pharmaceutical
contract for the supply of bulk glucosamine;
- Shaker v Al Bedrawi & Others [2003] Ch 350 (acting
for successful defendant at first instance)Trust assets shares
in company - Director allegedly holding shares on trust for
claimant - Claimant suing director as trustee for account
of profits from sale of company subsidiaries - Company having
possible cause of action against director for whole sum -
Possibility of director having lawfully extracted part of
sum from company - Whether rule precluding shareholder from
recovering company's loss barring claim by beneficiary against
director as trustee even though claim might extend to lawfully
extracted moneys over which company had no claim;
- Groupama Insurance Co Ltd v Overseas Partners Re Ltd &
anr: [2003] All ER (D) 226; Proceedings relating to a
claim to avoid quota share retrocession cover and associated
appeal in relation to costs [2003] EWCA (Civ) 1846;
- Burmarsh v Walters [2006] All ER (D): Trial of construction
issues in relation to a deed of assignment of a contingent
interest in shares executed in furtherance of a tax avoidance
scheme; costs sharing orders following representation order;
- Briskin v Oakland Finance Limited & Others: [2003]
All ER (D) 85; [2004] EWHC 1262 (Ch) issues as to beneficial
ownership of shares and validity of debentures; creditors
claims in liquidation; stay of proceedings in favour of the
French commercial court.
Current
cases include:
- A
reinsurance arbitration arising out of a "killer
wave" of foal and foetal losses sustained in the Kentucky
bloodstock industry and caused by a plague of caterpillars.
The issue was as to whether these losses could be aggregated
under the applicable policy wording.
- Freezing and search injunctions on behalf of (1) a
major supermarket chain arising out of fraudulent building
maintenance invoices (2) a European aviation service provider
in relation to false accounting by VAT agents.
- Claims by a UK clearing bank to set aside or be granted
priority in relation to a charge over property which was
not properly registered under s. 395 of the Companies Act
1985.
- Claims in dishonest assistance, knowing receipt,
conspiracy and related asset tracing claims in respect of
USD 16 million obtained by fraudulent misrepresentation.
- Claims for fraudulent misrepresentation currently pending
judgment arising out of a USD 400 million sale of a container
fleet.
|
