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Andrew Onslow QC

Call 1982; QC 2002; BA (Oxon)
E-mail: aonslow@3vb.com

Practice

Andrew Onslow
is a leading advocate, whose practice covers commercial litigation, arbitration and advisory work. He specialises in international and domestic banking (including, recently, "credit crunch" disputes), financial services, commercial fraud (including freezing and search orders and other interim remedies), professional negligence (particularly auditors, solicitors and barristers), claims arising from business and asset sale agreements and sale of goods (particularly in the field of auctions and fine art). He is listed as a leading silk for banking, commercial litigation, fraud and professional negligence in Legal 500 and for banking and finance, commercial dispute resolution and professional negligence in Chambers & Partners. He is described as "an assiduous, hands-on silk and highly effective advocate". He was recently identified as a leading QC in a survey of leading litigators conducted by Legal Week magazine. He sits as an arbitrator, and has recently given expert evidence in a US Court.

Commercial litigation

Broad commercial practice across Commercial Court, Chancery Division and arbitration; - particular experience in injunction work (especially freezing injunctions), insurance, commercial fraud and contractual disputes arising from business sales; rated as a leading silk in Chambers and Legal 500, and recently singled out in a survey of leading litigators conducted by Legal Week.

Notable cases and recent work include:

  • Kensington International Limited v Republic of Congo (Commercial Court) - Litigation in third party debt proceedings against African state and oil purchasers (2005-2008)

  • National Grid v McKenzie & Others (Chancery Division) - acting for major utility company in fraud and bribery claim against ex-employee and associates - search orders and freezing injunctions (2006-2008)

  • Reid v Capita Group plc (Chancery Division) - acting for defendant in claims arising from sale of costs negotiating business by claimant (2005-2008)

  • REO v Aberdeen Asset Management (Chancery Division) - acting in claim by split capital investment company against fund managers and investment bank (2005-2007)

  • Trafigura Beheer BV v Kookmin Bank Co [2006] 2 Lloyd's Rep 455 - determination of law applicable under Private International Law (Miiscellaneous Provisions) Act 1995 to claim of tortious conduct in relation to dealings under a letter of credit - subsequent application for anti-suit injunction (2006)

  • Thomson v Christie, Manson & Woods [2004] PNLR 42, [2005] PNLR 38 - the "urns" case - a claim by an art collector that Christie's negligently catalogued and sold a pair of gilt-bronze and porphyry urns (QBD, CA)

  • LME disciplinary proceedings for breach of the LME Lending Guidance and creation of disorderly market (2003/2004)

  • LME disciplinary proceedings for breach of LME warehousing rules (2003)

  • LME and SFA disciplinary proceedings arising from the Sumitomo/Hamanaka copper affair (1997 to 2000)

  • Mabey & Johnson v Ecclesiastical Insurance Office [2004] Lloyd's Rep IR 10 (Commercial Court) - claim for indemnity under claims made insurance policy - issue over number of claims arising from potential collapse of bridges in Ghana

  • iSoft plc v Misys plc [2003] All ER (D) 438 (Chancery Division and CA)- defended claim for injunctions and specific performance arising from sale of business by Misys to iSoft

  • Weill v Mean Fiddler Holdings Ltd (2002, 2005) (QBD and CA) - claim to enforce agreement to issue warrants in AIM-listed company - issues whether contract made and value of warrants if issued

  • I v Z - claim under distributorship agreement for sale of products to NHS (QBD, 2006)

  • S v R (Chancery Division, 2004) - claim for breaches of warranty and misrepresentation arising from sale of football finance brokerage

  • Acted and advised in LCIA, ICC and ICSID arbitrations (2001 to 2004); in case of LCIA arbitration with concurrent Guernsey proceedings in a dispute over a Russian telecoms business

  • Acted in proceedings for freezing injunctions and related relief arising from collapses of Imperial Consolidated Group and RBG Resources (2003-4, 2004-5)

  • Acted for defendants in claims for economic duress and conspiracy in relation to sale of Angolan debt - case collapsed shortly before Commercial Court trial (November 2004)

  • Coral Group Trading Ltd v Hilton Group plc (2001) 2 Lloyds Rep 373 - construction of agreement for the sale of a betting business by Ladbrokes to Corals

  • Bim Kemi AB v Blackburn Chemicals Ltd (Commercial Court, CA; Times Nov 04) - long-running litigation about exclusive distribution agreement between Swedish and English paper companies - most recent rounds concern questions of illegality under Article 81 and cause of action and issue estoppel

  • Sitting as ICC arbitrator in Indian shareholders' dispute, and as sole arbitrator in domestic arbitration about waste management contract.
Banking and Financial Services

Wide-ranging experience of banking and financial services litigation of all kinds; in the banking field specialising in claims involving derivatives, documentary credits, guarantees and performance bonds; in the financial services area, particular experience in the regulation of the metals markets, pension mis-selling, money-laundering regulation and split capital investment trusts; rated as a leading silk in this practice area in Legal 500 and Chambers & Partners.

Notable cases and recent work include:
  • Advising and acting in a number of recent "credit crunch" disputes (yet to be litigated)

  • A v H - (Commercial Court) acting for bank in defending claim for breach of affinity agreement with leading online retailer (2008)

  • REO v Aberdeen Asset Management (Chancery Division) - acting in claim by split capital investment company against fund managers and investment bank (2005-2007)

  • Trafigura Beheer BV v Kookmin Bank Co [2006] 2 Lloyd's Rep 455 - determination of law applicable under Private International Law (Miiscellaneous Provisions) Act 1995 to claim of torrtious conduct in relation to dealings under a letter of credit - subsequent application for anti-suit injunction

  • B v A Bank - claim of non-liability under Extendable Interest Rate Swap (2006)

  • Altman v ANZ (2003)- claim by Chilean investors for mis-selling of Russian debt derivatives

  • Recently advising in claim under Extendable Interest Rate Swap

  • Acted in claims under NDFs and credit default swaps stemming from the 1998 Russian debt crisis (1999 to 2001)

  • Trustor AB v Barclays Bank plc (Times 22/11/00)- Quincecare claim against bank to recover losses caused by fraud on large Swedish company - Part 20 proceedings against Luxembourg and Cayman banks on basis of participation in the fraud - Brussels Convention and other jurisdiction issues (1999 to 2001)

  • LME disciplinary proceedings for breach of the LME Lending Guidance and creation of disorderly market (2003/2004)

  • LME disciplinary proceedings for breach of LME warehousing rules (2003)

  • LME and SFA disciplinary proceedings arising from the Sumitomo/Hamanaka copper affair (1997 to 2000)

  • GW7 Internet Ltd v TSB Commercial Finance plc (2003/04) - claim for economic duress in relation to provision of trade finance facilities

  • Sterling Bank v Rastogi (2004) - defence of claim under guarantee - issues of construction of guarantee under New York law

  • Wallace Smith Trust Co. v Deloitte Haskins & Sells (1993-1997) - collapsed merchant bank - claims against auditors and banks for failing to detect the fraud

  • Barclays Bank plc v Levett [1995] 1 WLR 1260 - duties of disclosure owed by creditor to guarantor
    Acted in 3 pension mis-selling cases 1999-2003

  • Expert witness on English banking (derivatives) law in US Court (2008)
Fraud

Extensive experience over 25 years in bringing and pursuing fraud claims, obtaining urgent freezing and search injunctions and disclosure orders. Recent cases include:
  • National Grid v McKenzie & Others (Chancery Division) - acting for major utility company in fraud and bribery claim against ex-employee and associates - search orders and freezing injunctions (2006-2008)

  • Kensington International Limited v Republic of Congo (Commercial Court) - Litigation in third party debt proceedings against African state and oil purchasers - disclosure orders and freezing injunctions (2005-2008)

  • Attorney General of Zambia , Meer Care & Desai & Ors (CA) - acting on appeal against findings of fraud and liability as constructive trustee against London solicitors (2008)
Professional negligence

Wide experience in bringing and defending claims against professionals, especially solicitors, barristers, auditors and auctioneers; rated as a leading silk in Chambers Guide and Legal 500.

Notable cases and recent work include:
  • Raja v Hoogstraten (Chancery Division and CA) - acting for solicitors in claim for wrongfully procuring writ of sequestration (2006-2008)

  • S v M and others - acting for barristers in claim for negligent conduct of litigation (Chancery Division, 2006-2008)

  • REO v Aberdeen Asset Management (Chancery Division) - acting in claim by split capital investment company against fund managers and investment bank (2005-2007)

  • Thomson v Christie, Manson & Woods [2004] PNLR 42, [2005] PNLR 38 - the "urns" case - a claim by an art collector that Christie's negligently catalogued and sold a pair of gilt-bronze and porphyry urns (QBD, CA)

  • FirstCity Insurance Group Ltd v Orchard [2002] Lloyd's Rep PN 543 - acted for barrister in defence of negligence claim concerning construction of commercial agreement

  • Jewo Ferrous BV v Lewis Moore [2001] Lloyd's Rep PN 6 - defence of solicitors' negligence claim in relation to provision of floating charge

  • London Underground Ltd v Kenchington Ford 63 CLR 1 - engineer's negligence claim arising from construction of Canning Town station

  • Wallace Smith Trust Co. Ltd v Deloitte Haskins & Sells [1997] 1 WLR 257 - claim that accounts of collapsed merchant bank negligent audited
Professional Interests and Associations
  • Member Combar, LCLBA, Financial Services Lawyers Association (FSLA), Institute of Art & Law (IAL), Chartered Institute of Arbitrators

  • Treasurer and Advisory Board Member FSLA

  • Member Combar Africa Committee
Education and qualifications

  • Lancing College 1970-1974 (Top Scholar)
  • Corpus Christi College, Oxford 1975-1979 (Open Scholar, 1st class Literae Humaniores)
  • City University Diploma in Law 1981
  • Called to the Bar Middle Temple 1982 (Entrance Scholarship, Harmsworth Scholarship, Lechmere Essay Prize 1982)