Andrew Fletcher KC has a broad commercial litigation practice, spanning areas including:
- Contractual disputes of all types (especially breach of warranty & misrepresentation in share and business and asset purchase agreements),
- Banking and Finance,
- Insurance and Reinsurance.
- Misrepresentation, fraud, economic torts and breaches of fiduciary duty,
- Company law, directors’ duties, and unfair prejudice claims
- Freezing Injunctions and Interim Applications.
His cases usually involve cross-over between these elements. He is equally at home in court proceedings and arbitration (with experience of proceedings under LCIA, ICC, SCC, LMAA, and LIRMA rules as well as ad hoc references).
Andrew has been listed in both Chambers and Partners and the Legal 500 Directories for many years, where recent reviews include:
- “A very strong barrister, who is astute, careful and thorough, as well as a formidable advocate in court.” (C & P 2022, Commercial Dispute Resolution); and
- “Great attention to detail and very good at separating wheat from chaff and getting the tactics right. Just what you need on large scale litigation. Presents well in court in the senior statesman-like role.” (Legal 500 2023, Commercial Litigation).
Other directory reviews are quoted in “What the Directories Say” below.
- Between 2019 and 2022, acting in an LCIA arbitration on behalf of a director and shareholder in the context of a complex corporate demerger, and resisting claims for breach contract, procuring breach of contract, and wrongful interference with business, also raising issues of rectification and construction. The proceedings involved early determination of claims for rectification and construction, following which all claims against Andrew’s client were withdrawn in full in 2022.
- Between 2019 and 2020, acting for the purchaser under a share purchase agreement claiming £35 million for breaches of warranty arising out of the poor performance of the target insurer’s policies.
- Advising a major telecoms service provider in relation to issues arising under an exclusive supply agreement and related competition.
- Appearing in an LCC arbitration raising issues as to termination, force majeure, – damages and scope of a parent company guarantee in respect of a seismic oilfield exploration contract in Iraq, before a tribunal chaired by Lord Goldsmith KC.
- Advising a major telecoms service provider in relation to issues arising under an exclusive supply agreement and related competition issues.
- Appearing in 11 consolidated references under LMAA rules involving issues determination of 10 bareboat charters, claims for unpaid charter-hire and related claims under parent company guarantee subject to a separate arbitration These complex proceedings involved freezing injunctions, jurisdiction issues, arbitration appeals and enforcement in Hong Kong and Dubai.
- Advising litigation funders as to the drafting of a bespoke litigation funding agreement and as to the effect of termination.
- Appearing in proceedings relating to television broadcast rights, advertising revenues and satellite space segment fees involving foreign public procurement law issues.
- Acting in arbitration proceedings as to whether payments specified as due on termination of bareboat ship-financing charters were irrecoverable as a penalty.
- Giving expert evidence as to English law principles of construction of contracts to an international commercial arbitration under SCC rules relating to a Russian infrastructure project before a panel chaired by Dr Marc Blessing.
- Advising a purchaser as to his position in respect of a multi-million share purchase agreement and subsequent related asset sale Issues as to the construction of express and scope of implied terms of the agreements including terms as to earn-out, right of first refusal and anti-embarrassment clauses.
- Advising a hotel developer in respect in respect of issues Management Agreement as to whether breaches were remediable, termination rights and damages.
- Acting for a contractor in relation to a development, operational and production enhancement contract relating to offshore oilfields in the Persian Gulf, in an ICC arbitration.
- Advising a mobile phone company, following theft of a consignment of mobile phones, as to the proper construction of carrier agreements, including issues as to extinction/discharge/release of rights and subrogation).
Banking & Finance
- Between 2019 and 2021, acting for an EU bank in relation to its position under a letter of credit (including issues as to the effect of EU sanctions over Iran and as to whether the credit had expired).
- Advising an overseas bank as to its position in respect of letters of credit issued by it in relation to a major Libyan infrastructure project affected by civil disturbance giving rise to allegations of force.
- Advising a foreign lender as to claims under a term loan agreement alleging anticipatory breach by reason of the borrower’s manifest inability to pay the sums due on maturity.
- Advising a buy-to-let mortgage provider as to its position in relation to restrictive covenants in a funding.
- In Deutsche Bank AG v CIMB  EWHC 1264 (Comm) successfully arguing that the issuing bank’s obligation to pay arose only on payment by the confirming bank, so the issuing bank was entitled to require the confirming bank to provide information as to payments in respect of which it was seeing letters of credit subject to UCP600.
- Advising an AIM listed entity as to the effect of financing provisions in an overseas mining project joint-venture investment.
- Giving expert evidence to the District Court of Reykjavik as to the principles of the English l law governing contracts of guarantee in relation to a counter- indemnity and guarantee given in relation to a Guarantee Facility Agreement.
- Advising in respect of an Interest Rate Swap & Collar agreement governed by the ISDA Master Agreement.
- Advising as to the possible consequences of failure by an investor in a US$200 million global private equity fund to comply with a drawdown notice, in circumstances where the investor had concerns as to the fund managers Approach to damages, and availability of specific performance.
- Advising a foreign lender as to its position under a term loan agreement and in particular as to claims for anticipatory breach by reason of the borrower’s manifest inability to pay the sums due on maturity and related insolvency issues.
- Acting for a bank in relation to a dispute as to the application of the rule against double proof, in the context of repo transactions conducted under a tripartite repurchase agreement which had been closed.
- Advising an overseas bank as to its position under a standby letter of credit and counter standby letter of Issues as to requisite form of demand under UCP 600 and the URDG , and as to the impact of the EU Financial Sanctions Regulations.
- Providing expert evidence to the Icelandic Court in respect of the English law approach to construction of guarantees.
- Advising in respect of an Interest Rate Swap & Collar agreement following the collapse of Kaupthing governed by the ISDA Master Agreement.
- Advising a UK commercial counterparty as to the proper construction and effect of facility agreements simultaneously incorporating an Interest Rate Swap and Collar Agreement governed by Icelandic law and the ISDA 2002 Master Agreement governed by English law.
- Advising a Middle Eastern bank as to its position in respect of letters of credit issued in relation to a major Libyan infrastructure project affected by civil disturbance giving rise to allegations of force.
- Acting for a bank in proceedings to determine a dispute as to which regime was entitled to give instructions in respect of an account in London (and obtaining a declaration that the National Transitional Council was the recognized government of Libya following the collapse of the Gaddafi regime): British Arab Commercial Bank v The National Transitional Council of the State of Libya  EWHC 2274 (Comm)).
Insurance & Reinsurance
- Acting for the retrocessionaire in an arbitral dispute subject to LIRMA rules as to whether the reinsurer had breached the duty of fair presentation (in failing to provide information as to adverse loss developments known to it), such that the retrocessionaire was entitled to avoid the treaty and refuse all claims. The dispute was settled in December 2022.
- Appearing for the insurer in an arbitration relating to property damage and business interruption claims arising out of the World Trade Centre and Hurricane.
- Acting for reinsurers in an arbitration concerning aggregation issues and in particular whether bloodstock losses due to a “killer wave” of foetal deaths amongst thoroughbred mares in Kentucky, were losses “arising out of one event” for the purposes of the treaty wording.
- Instructed by D&O Insurers on behalf of directors of a national chain of surveyors accused of fraudulent trading and other breaches of duty as directors.
- Instructed by D&O Insurers on behalf of the former CEO of an insurance group following its collapse. The proceedings raised complex issues as to directors’ duties, the legality of payment of a dividend, corporate governance issues especially in relation to non-executive directors; directors’ duties in relation to misstated accounts by reason of the alleged fraud of other directors.
Misrepresentation, fraud, economic torts and breaches of fiduciary duty
- Between 2020 & 2021, appearing in proceedings (Ras Al Khaimah Investment Authority v Azima  EWHC 2018 (Ch) on behalf of an individual alleged to have been party to an unlawful means conspiracy involving computer hacking and in related proceedings on behalf of the same individual (Stokoe Partnership v Grayson).
- Appearing in proceedings relating to claims for fraudulent misrepresentation in relation to currency trading strategy, defeating an application to discharge a freezing injunction on grounds there was no good arguable case, and thereafter obtaining orders for cross-examination of the defendants and ultimately an order debarring them from defending the proceedings on the basis of their failure to pay interlocutory costs orders (Consult II v Shire Warwick Lewis & others  EWHC 286 (Comm)).
- Obtaining summary judgment in proceedings for equitable compensation arising out of fraudulent breaches of fiduciary duty by an employee of a forex trading vehicle formed by a syndicate of leading UK and US.
- Acting for a consortium of banks recovering sums stolen by an employee, including proprietary and tracing claims and claims for equitable relief.
- Appearing in a 40-day trial pursuing claims in deceit in relation to the sale of a fleet of container ships (Abu Dhabi Investment Co v H Clarkson and Co Ltd  EWHC 1267 (Comm)), and on appeal ( EWCA Civ 699);
- Advising a syndicate of investors in respect of claims totalling £30 million for fraudulent misrepresentations in relation to property investments (Barks v Instant Access Properties Ltd  EWHC 114 (QB).
- Acting for a claimant seeking damages for fraudulent misrepresentation, breach of duty and breach of trust in relation to placing of shares in a high-profile internet technology start up (2012).
Company law, directors’ duties, and unfair prejudice claims
- From 2019 until March 2023 acting for a shareholder and director in heavy arbitration proceedings under LCIA Rules arising out of a shareholders’ dispute involving multiple allegations of unfair prejudice and breach of directors’ duties.
- In 2021, advising a target company as to whether a proposed alteration of its articles of association in the context of a proposed acquisition might constitute unfair prejudice to minority shareholders having regard in particular to drag-along provisions in the existing articles, and consideration of the “squeeze out” provisions of s. 979 of the Companies Act 2006.
- Acting for a joint venture participant in relation to injunction proceedings arising out of a US$20 million capital fundraising relating to a much larger joint venture for the construction and development of a Caribbean resort, raising issues as to the proper construction of shareholder agreements and whether they constituted an unlawful fetter on the companies’ powers.
- Acting for pension fund trustees pursuing claims of knowing receipt of trust property against banks which took such property as security for loans.
- Instructed by D&O Insurers on behalf of former CEO of the Independent Insurance Group following its collapse. Issues as to legality of a dividend, corporate governance issues (especially in relation to non-executive directors) and directors’ duties in relation to accounts misstated by reason of the alleged fraud of other directors.
- Acting for a defendant to claims for an account of profits on the sale of subsidiaries and obtaining orders striking out those claims on the basis that they were barred by the rule against reflective loss.
- Appearing for a director accused of breach of duty as a director for failing to deal properly with concert tour income. The claim against the director was dismissed and an order of indemnity costs made in his favour.
Freezing Injunctions and Interim Applications
- Acting for the applicant in committal proceedings in which the respondent received an immediate custodial sentence for the deliberate breach of a freezing injunction (Eim v Lewis  EWHC 2761 (Comm).
- Obtaining orders for cross-examination and ultimately an order debarring the Defendants from defending the proceedings (Consult II v Shire Warwick Lewis & others  EWHC 286 (Comm).
- Obtaining a freezing injunction and maintaining it in a contested set-aside application in aid of claims for fraudulent misrepresentation relating to currency trading (Consult II v Shire Warwick Lewis & others  EWHC 286 (Comm).
- Resisting an application for an injunction seeking to freeze US$15 million escrow monies following determination in a Singapore arbitration of substantive issues in relation to a share purchase agreement involving indirect transfers of participation rights in Indonesian oil and gas projects (KUFPEC v Sanderson Capital  EWHC 2816 (Comm).
- Obtaining a Chabra injunction (maintained following an opposed inter partes hearing in the Cayman Islands) against a non-cause of action defendant in aid of fraud proceedings pending in the Commercial Court in London.
- Obtaining an interim injunction preventing migration of customers to a new mobile telephony wholesale supplier (Business Comms Solution Ltd v Club Communications Ltd  EWHC 343 (HC).
- Obtaining a freezing injunction in the Cayman Islands in aid of pending Commercial Court proceedings for misrepresentation and breach of warranty in relation to an acquisition of controlling interests in a hedge-fund.
- Resisting an anti-suit injunction relating to aluminium warehoused in Shanghai on a true construction of an agreements no exclusive jurisdiction clause was incorporated into the relevant contract (Wanxiang v Impala  EWHC 25 (Comm)).
- On behalf of an overseas Central Bank, obtaining a post-judgment worldwide freezing injunction in the Bahamas, and related relief (including passport orders and permission to serve those orders in Florida as part of a multi-jurisdictional enforcement exercise for sums exceeding US$500.
- Applications for variation and discharge of freezing injunctions in substantial proceedomgs concerning allegations of fraut (Kazakhstan Kagazy plc & Others v Zhunus & Others  EWHC 3618 (Comm) and in the Court of Appeal  EWCA Civ 381 (2013 – 2014).
- Obtaining worldwide freezing injunctive and related relief (under Dadourian guidelines in relation to enforcement in multiple jurisdictions) in London in aid of enforcement of LMAA awards under the New York Convention in Hong Kong and Dubai (2013).
- Acting for the appellant, in Withers LLP v Rybak  1 L.R. 1748 in which the Court of Appeal held that no retaining lien arose in favour of solicitors in respect of monies held in its client account pursuant to undertakings equivalent to a freezing injunction.
- Obtaining freezing injunctions and search orders on behalf of a major supermarket in relation to allegations of deceit and false accounting against by dishonest employees and third parties in relation to procurement of fraudulent maintenance contracts in respect of stores and superstores nationwide, and claims for advising and appearing in proceedings arising out of air finance litigation, in relation to freezing injunctions obtained by judgment creditors in respect of an aircraft subject to a French law mortgage.
- Obtaining a freezing injunctions and search orders on behalf of a major supermarket in relation to allegations of deceit and false accounting against by dishonest employees and third parties in relation to procurement of fraudulent maintenance contracts in respect of stores and superstores nationwide, and claims for restitution.
What the Directories Say
“Andrew Fletcher is very good at providing efficient client service, strong legal opinions and great advocacy. He has very strong commercial awareness and vision.” (C&P 2024- Commercial Dispute Resolution)
“Andrew Fletcher is unflappable and displays great attention to detail.” (C&P 2024 – Commercial Dispute Resolution)
“Very professional in handling disputes and he has a deep understanding of what the client needs.” (Legal 500 – Commercial Litigation)
“Andrew is a good advocate, who knows his stuff and has a good manner with clients.”
“He has good attention to detail, is meticulous in his preparation and is spot on with his advice.” (C&P 2023, Commercial Dispute Resolution)
‘Great attention to detail and very good at separating wheat from chaff and getting the tactics right. Just what you need from a silk on large scale litigation. Presents well in court, in the senior statesman like role.’ (Legal 500 2023, Commercial Litigation)
“A very strong barrister, who is astute, careful and thorough, as well as a formidable advocate in court. He gives tremendous service to his clients.” (C&P 2022 Commercial Dispute Resolution)
‘Andrew reads the court and earns the respect of judges through his careful and precise approach; he is across the detail and has very sound judgement. He is a pleasure to work with.’ (Legal 500 2022 Commercial Litigation)
“An extremely capable and commercial silk.” (C&P 2021 Commercial Dispute Resolution)
“He is very detailed, knows how to present to the judge and adopts a very nice tone with the court.” (C&P 2021 Commercial Dispute Resolution)
‘Excellent orator, detailed and thorough approach, always well prepared and with one eye on next steps.’ (Legal 500 2021)
“He has excellent technical skills and is responsive and engaged … excellent at coming in fresh to a case and getting stuck into the detail before giving an authoritative ” (Chambers 2020).
“Strategically sound, [with] an impressive grasp of detail, is very responsive, and has an excellent manner with clients.”. (Legal 500, 2020).
“A very able and measured advocate who is vastly experienced and has a very wide-ranging practice.”
“Within hours of being instructed, he appears to know everything about a case” (Chambers 2019).
“He adopts a commercial approach, and recognizes the financial and time-consuming realities of litigation … He’s completely on top of the law in all ” C&P 218, Commercial Dispute Resolution).
“Very tenacious in court with a terrier-like manner and a great command of the law.” (Legal 500, Commercial Litigation 2018).
“Very good on his feet, very measured and has the ear of the judge.” (C&P 2017, Commercial Dispute Resolution).
“Has a considerable presence in court, is a powerful advocate and is strong in cross-examination.” (C&P 2016, Commercial Dispute Resolution).
“Very responsive and works very hard … has good judgement and is very ” (C&P 2015, Commercial Dispute Resolution);
“Very good…very careful, meticulous … really easy to deal with.” (C&P 2023, Commercial Dispute Resolution 2014)
“Always stunningly well prepared“, “very thorough and painstaking“, “noted for being excellent with clients” (C&P 2013, Commercial Dispute Resolution);
“Approachable, responsive and great on his feet” (C&P 2012, Commercial Dispute Resolution 2012);
“Turns work around quickly and always displays impressive attention to detail” (C&P 2011, Commercial Dispute Resolution);
“Relaxed but incisive and on-the-ball.” (C&P 2010, Commercial Dispute Resolution).