Andrew Sutcliffe QC Call 1983; QC 2001; MA (Oxon) E-mail: asutcliffe@3vb.com

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 and advisory work
  
• Banking and financial services
  
• Domestic and international commercial fraud and asset tracing
  
• Media and entertainment
  
• Professional liability
  
• Insolvency
  
• Information Technology
  
• Arbitration and Mediation

• 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.
  back to top

• 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.
  back to top

• 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.
  back to top

• 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.
  back to top

• 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.
  back to top

• 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.
  back to top

• 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.
back to top

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.
  back to top