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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)
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