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Andrew
Sutcliffe specialises in commercial disputes and is an experienced
court and arbitration advocate. His practice covers most aspects
of business and finance law, with particular emphasis on banking
and financial services, media and entertainment, commercial
fraud, information technology, insolvency and professional
liability.
What the Directories Say
Recommended for Banking
and Finance, Commercial
Litigation, Civil
Fraud and Media
and Entertainment in Chambers & Partners and for Commercial
Litigation, Civil
Fraud and Media
and Entertainment in the Legal 500.
Andrew is an "extremely sensible and able man to have
on board in a hostile scenario; he knows how to take the rough
with the smooth".
Andrew may be "absolutely charming" but he is "more
than capable of putting the boot in when necessary".
"Courteous and commercially sound" he puts clients
at their ease from the outset of a case. He is highly regarded
for "his excellent advocacy, dedication and support -
a real team player". His distinctive style separates
him from the pack, and he is considered "ruthlessly effective
in battle" by sources who have seen him in action.
Andrew is well known for his copyright and media work, and
has specialised for years in the music, theatre, internet
and video gaming industries. He is particularly active for
music clients and recently acted for the defence in a very
high profile industry dispute over rights in the song 'A Whiter
Shade of Pale'. Sources commend him as a "charming and
clever" advocate who "is undoubtedly a specialist
in this area". He has acted in many music industry bust-ups,
including major cases involving the Spice Girls, Spandau Ballet
and Elton John and is 'very effective in court - he's good
at reading a judge'. Described by one solicitor as "very
bright, very sensible, very commercial in his approach, really
easy to work with, fantastic with clients. He has a sensitivity
which many other counsel lack and is first rate at cross-examination".
Andrew has the "ability to put people at ease and instill
confidence in clients" … He came particularly highly
recommended by clients. They feel that his "easy to approach
character" is a major plus. Regularly featuring on mainstream
banking cases.
Andrew was lauded by one solicitor as "a superb professional.
Both the firm and our clients were impressed with his engagement
with the industry issues involved and his pragmatic advice".
Further possessed of great mediation skills, another stated:
"We were all amazed by him. Having been miles apart in
the morning, we had settled on a deal by the afternoon".
Main areas of practice
Commercial
Litigation
Andrew has considerable experience in commercial disputes, in
the Commercial Court, Chancery Division and in arbitrations.
He has particular experience in injunction work, especially
freezing injunctions and search orders. He is rated as a leading
silk in Chambers 2008 and Legal 500 2007-8.
Notable cases and recent work include:
- Acting
for US purchaser of forward flow debt in contractual dispute
with UK bank.
- Duckworth
& Co Ltd v Appleton & Frutarom (UK) Ltd (2006) -
misuse of confidential information claim; obtained 3 search
orders; case settled before trial.
- Feakins
v DEFRA (CA, 8.6.06): acting for claimants in successful
application for permission to re-open appeal on grounds
that previous CA misled by untrue witness statement.
-
Wallis
v Harris [2006] EWHC 630 (Ch): defended substantial claim
in commercial property dispute.
- Claim defeated as result of successful application for
security for costs under CPR 25.13(2)(d)&(g).
- Co-Operative
Bank Plc v Lloyds Insurers (2006): acting for claimant in
claim for wrongful refusal of professional indemnity cover.
- Scrope
v Tele2 AB (2007): dispute over refusal to honour share
option agreement
- Leicester
Circuits v Coates Brothers Plc (CA) [2003] EWCA 290: defective
goods claim for loss of profits under Sale of Goods Act.
- Vlieland-Boddy
v Shierson (2002): acted for the receiver in resisting claim
that property held on trust for claimant; claim abandoned
during claimant's cross-examination.
- Chandler
v Brown & another LTL 5.8.02 (Park J, Ch): successful
appeal against security for costs ruling under CPR 25.13(2)(g).
- Saab
v Saudi American Bank [1999] 1 WLR 1861: misrepresentation
claim raising conflict issues.
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Banking
and Financial Services
Andrew has wide ranging experience in this field, having regularly
acted and advised in domestic and international banking and
financial services disputes involving all aspects taking and
enforcement of credit and security, matters involving conversion
claims, prime bank instrument fraud, guarantees, bills of exchange,
letters of credit, bonds and derivatives. He deals with banker-customer
and inter-bank disputes, and many of his cases are concerned
with the consequences of fraud.
He is rated as a leading silk in this field in Chambers 2008.
Notable cases and recent work include:
- Advising
bank in mortgage related deceit claim against solicitors
worth >£30m.
- Acting
for bank in resisting claim for breach of banker's duty
of confidentiality.
- Advising
building society in relation to issues arising from calling
of substantial loans and threatened injunction.
- Governor
& Company of Bank of Scotland v Singh (17.6.05): judgment
on substantial guarantee claim; defeating counterclaim alleging
misrepresentation & breach of confidence.
- Cheltenham
& Gloucester plc v Appleyard (CA, 15.3.04): acting for
building society in successful subrogation claim.
- Oyston
v Royal Bank of Scotland (2003): acting for bank in defence
of multi-million breach of mandate claim.
- Regent
Leisuretime Ltd v NatWest Finance Ltd (CA) [2003] EWCA 391:
acting for bank in striking out claim brought by company
on grounds that it was statute barred.
- Wandsworth
Council v Co-Operative Bank Plc (Thomas LJ, 21.10.03): dispute
concerning proper construction of contract to provide banking
services to council.
- Royal
Bank of Scotland v Wallace International Ltd (CA, 27.1.2000):
issues of whether transfer of funds constituted inter-company
loan or trust funds, knowledge and notice on part of bank,
acquiescence and estoppel.
- Chapman
v Barclays Bank (CA) [1998] PNLR 14: acting for bank in
striking out economic loss claim brought by third party.
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Civil
Fraud
Andrew is rated as a leading silk in this field in Chambers
2008 and Legal 500 2007/8. He is involved in claims to recover
losses caused by fraud and dishonesty including claims relating
to breach of fiduciary duty, corrupt commercial transactions
and falsification of documents. He has extensive experience
of obtaining urgent interim relief (in particular without notice
freezing injunctions and search orders) and other asset tracing
remedies. He advises professionals and institutions in relation
to their POCA duties.
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Media and Entertainment
Andrew is rated as a leading silk in this field in Chambers
2008 and Legal 500 2007/8. His cases typically involve copyright
and related rights, and contractual disputes in the music, film/TV,
theatre and new media industries. His work also involves claims
for injunctive relief to restrain breach of confidence and passing
off.
Notable cases and recent work include:
- Acting
for well known record producer in defending constructive
trust claim made by well known artist.
- Acting
for claimant in copyright and contract music publishing
dispute involving claim for derivative relief.
- Advising
music publisher in relation to its rights to songs of well
known band.
- Acting
for third party internet service provider on issues arising
from grant of injunction.
- Acting
for claimant in copyright infringement claim against well
known band.
- Advising
internet registry on issues arising in relation to use of
registry's data and confidential information.
- Acting
for racing driver in contractual dispute with manager involving
allegations of undue influence and restraint of trade.
- Fisher
v Brooker & Onward Music Ltd [2007] EMLR 9 (Ch): acting
for songwriter and music publisher defending claim brought
by former band member alleging joint authorship of iconic
single from late 1960s.
- Taylor
v Rive Droite Music Ltd (CA) [2006] EMLR 4: contractual
and copyright claims under publishing and producing agreements
relating to songs by numerous major artists.
- Brighton
v Jones (Park J) [2004] EMLR 26: defending playwright against
claim for joint authorship of copyright in play "Stones
in His Pockets".
- Spice
Girls Ltd v Aprilia World Service BV (CA) [2002] EMLR 27:
acting for Italian motor cycle company in defence of band's
claim under merchandising contract; leading case on misrepresentation
by conduct.
- MCA
Records Inc v Charly Records Inc (CA) [2002] EMLR 1: leading
case on liability of de facto controller of company's joint
liability with company for copyright infringements.
- Hadley
v Kemp [1999] EMLR 989 (Park J): acting for members of Spandau
Ballet in dispute with Gary Kemp over publishing income
and issues as to joint ownership of musical works.
- McCarroll
v Gallagher: acting for the group Oasis in defending claim
by former drummer in respect of record contract.
- Music
Sales Ltd v Dumont: cross-border music copyright dispute.
- Cassidy
v Cartwright & others: acting for claimant seeking injunctive
relief in relation to disputed management and tour promotion
agreements.
- Bridgeman
Art Library Ltd v Corel Corporation (1998) 36 F. Sup. 2d
191: provided expert evidence to US court in relation to
claim involving subsistence of copyright in photographs
of Old Master paintings.
- Trim
v Gabrielle: acting for songwriter and publishing company
in successful defence of claim that valuable copyright was
subject of agreement to assign.
- Holly
Johnson v ZTT Records & Perfect Songs (CA) [1993] EMLR
61.
- Elton
John & others v Dick James Music [1991] FSR 458.
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Professional
negligence and professional misconduct
Andrew has extensive experience of acting in disputes concerning
the liability of professionals, particularly lawyers, accountants
and actuaries. He is regularly asked to advise professionals
or their clients where a confidentiality or potential conflict
issue has arisen.
Andrew acts for claimants and defendants in claims against solicitors
and barristers, including claims arising from commercial and
property transactions, fraudulent investment schemes, lost or
mishandled litigation.
Notable cases and recent work include:
-
Acting for IP company in claim against former solicitors
concerning mishandling of cross-border litigation against
licensee.
- Fredic
Ltd v Lipkin Gorman (2007): successfully resisted security
for costs application brought by former solicitors; case
settled.
- Feakins
v Burstows [2006] PNLR 6: acting for successful claimant
in claim against former solicitors relating to mishandling
of long running litigation against Government department.
- Precis
(521) plc v William M Mercer Ltd (CA) [2005] PNLR 28: post-acquisition
negligence action against target company's actuaries.
- JJ
Coughlan Ltd v Ruparelia (CA) [2004] PNLR 4: claim arising
out of "prime bank guarantee"; leading case on
the vicarious liability of "innocent" partners.
- First
City v Orchard [2003] PNLR 9: acting for solicitors in claim
against solicitors and counsel alleging negligent failure
to advance argument which ultimately succeeded in Court
of Appeal.
- Citibase
Plc v Memery Crystal [2003] EWHC 2673: acting for solicitors
in negligence claim arising from lease of commercial premises;
defeated on basis that claimant could not establish loss.
- McCarroll
v Statham Gill Davies (CA) [2003] EWCA 425: acting for solicitors
in striking out claim on grounds that it was statute barred.
- Saab
v Jones Day Reavis Pogue [2002] EWHC 2616 (Ch): acting for
claimants in successful claim against legal advisers for
negligence and breach of fiduciary duty.
- Shapiro
v Jeffrey Green Russell (Patten J, 12.12.2000): acting for
solicitors in resisting negligence claim arising out of
alleged failure to advise.
- Investors
Compensation Scheme v Various Solicitors [1999] Lloyd's
Law Rep PN 496: acting for over 200 firms of solicitors
in claims brought by ICS in relation to equity release schemes
marketed by building societies between 1988 and 1990.
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Insolvency
Insolvency work combines with other specialist fields of Andrew's
practice. He acts for and against liquidators, administrative
receivers and trustees in bankruptcy in cases involving insolvency
and corporate restructuring.
- Hammonds
v Pro-Fit USA Ltd [2007] EWCH 1998: acting for company in
resisting application for administration order by its former
solicitors whose debt was disputed.
- Fraser
v Oystertec Plc & Davidson [2004] FSR 22: acting for
claimant in setting aside as null and void agreement by
which company was deprived of valuable patent on its insolvency.
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Information
Technology
Andrew is instructed by hardware and software suppliers or their
customers in IT disputes, often concerning large scale cancelled
hardware and software projects.
- Advising
UK software developer on issues arising from exclusive distribution
and licence agreement in context of potential takeover.
- Advised
Government department in 2006-7 on wide range of complex
contractual and strategic issues arising from substantial,
multi-faceted IT project.
- Kwik
Fit Insurance Services v Bull Information Systems &
Graham Technology Plc: acting for Pt 20 Defendant on trial
of preliminary issues relating to installation of computer
system.
- Vercom
Software Inc v McDonnell Information Systems: acting for
defendant UK company in limiting damages claim for breach
of software marketing contract to nominal damages.
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Arbitration
Arbitrations in which Andrew has been instructed include:
- Insurance
dispute involving allegations of fraudulent misrepresentation
and non-disclosure;
- acting
for investor in claim arising out of fraudulent investment
scheme;
- dispute
over provision and installation of computer system for a
multi national;
- acting
for electricity supply company in dispute concerning long
term gas supply contract;
- telecommunications
dispute;
- cross-border
banking dispute (USA/England);
- dispute
concerning share warranties;
- copyright/contractual
dispute between producer and music publisher;
- dispute
over exercise of put option in relation to rights in well
known literary character;
- dispute
between accountants over break-up of partnership.
He
is a member of the LCIA.
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Mediation
Andrew has been a CEDR approved mediator since 2000 and has
acted as mediator in many (over 30) commercial mediations,
involving media and entertainment, IP, breach of contract,
insurance, re-insurance, professional negligence and banking
law.
He is a member of the
IP and Media ADR Group.
Recent mediations in which Andrew has been the mediator and
achieved a successful resolution include:
- complex
multi-party copyright dispute between session musician,
artists, record company and music publisher;
- constructive
trust dispute between bank and corporate customer;
- copyright/contractual
dispute between producer and music publisher;
- professional
negligence case - claim by corporate client against former
solicitor.
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Publications
Editor, Entertainment section of Bullen & Leake & Jacob's
Precedents of Pleadings.
Professional Memberships
COMBAR
Chancery
Bar Association
Professional
Negligence Bar Association
Appointments
Recorder
(1999)
Deputy
High Court Judge (2004)
Attorney,
Eastern Caribbean Supreme Court (British Virgin Islands)(2007)
Languages
French (working knowledge)
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