Andrew Sutcliffe KC

Andrew has consistently been nominated as a leading silk in banking and finance by Chambers & Partners and Legal 500, having regularly acted and advised in domestic and international banking and financial services disputes involving all aspects of 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 also has particular expertise in the payment processing industry, having represented Barclaycard at trial in two leading cases in this field and advised card issuers and PSPs on a wide range of legal and risk issues.

“Working with Andrew is an absolute pleasure. He is a real team player, incisive, calm and always one step ahead of the opponent.” Chambers & Partners UK Bar 2026

“Frighteningly clever, unrufflable and calm in a crisis.” Legal 500 UK Bar 2026

Notable cases and recent work include:

Sisters of Charity of Jesus and Mary v Morgan Stanley: acted for >130 noteholders under an ISDA swap  in Commercial Court proceedings against Morgan Stanley with claims of over $20m based on delay in termination for downgrade.

Barclays Bank v Charalambous v Healys LLP: acting for borrower in complex three way dispute with bank and solicitor over substantial commercial property transaction.

Adcock & Sons Ltd v Barclays Bank Plc: acted for Barclays Bank in high profile piece of swap litigation.

Timeshare Claimants v Clydesdale Financial Services: acting for > 200 timeshare clients in group litigation against bank brought under consumer credit legislation, claiming fraudulent misrepresentation by timeshare owners.

MD Mezzanine SA, Sicar  (2) ECAS S.à.r.l. -v- Stabilus GmbH  – appointed expert witness in English Law in German proceedings. Instructed on behalf of mezzanine lenders to express views on legality of restructuring of inter-creditor agreement entered into by trustee without mezzanine agreement

Mortgage Express v Griffith Smith – acted for claimant on preliminary issue concerenign alleged compromise of £30m claim for mortgage fraud

Lancore Services Ltd v Barclays Bank plc [2009] 2 CLC 306; [2009] EWCA Civ 752 – acted for successful defendant in withholding credit card payments made under merchant services agreement as merchants had processed illegal transactions on third party’s behalf

Andrew is recognised as a leading silk in commercial fraud by Chambers & Partners and Legal 500 UK Bar 2026. He has extensive experience of fraud and asset tracing work (domestic and international) including obtaining urgent interim relief – in particular without notice freezing injunctions and search orders – and other asset tracing remedies.

A good proportion of Andrew’s fraud practice is focussed on handling asset recovery claims on behalf of the National Crime Agency. He has also advised the Serious Fraud Office in cases involving proceeds of crime and advises professionals and institutions in relation to their POCA duties.

‘He is incisive, and swift to identify and focus upon the key aspects of a case.’ Legal 500 UK Bar 2025

Chambers and Partners UK Bar 2026 comments: “Andrew Sutcliffe KC regularly represents the National Crime Agency and other prosecuting authorities. A recognised practitioner in fraud and other civil law areas, he is particularly skilled in civil recovery proceedings arising from claims under POCA legislation. Sutcliffe is highly experienced in obtaining disclosure and property freezing orders.”

Notable cases and recent work include:

Acting for National Crime Agency in securing search and seizure warrants, property freezing orders, and civil recovery orders and advising on wide variety of civil recovery related issues, including:

National Crime Agency v Shane Davies & others – acting for NCA in large civil recovery claim involving multi-jurisdictional issues, securing property freezing orders and disclosure orders

National Crime Agency v Amir Azam & others [2014] EWHC 2722 – acted for SOCA in substantial claim under proceeds of crime legislation involving multi-jurisdictional issues. Hearings in 2012 & 2013 resisting D’s attempts to set aside property freezing order & disclosure order. Successful trial in 2014

Serious Organised Crime Agency v O’Docherty & others [2013] EWCA Civ 518 – acting for SOCA in substantial claim under proceeds of crime legislation. Judgment at trial in SOCA’s favour. Appeal to CA dismissed.

Andrew has extensive experience of fraud and asset tracing work. Most of his cases have an international element. He is regularly instructed by the National Crime Agency, Serious Fraud Office and Crown Prosecution Service/Director of Public Prosecutions in asset recovery claims under the Proceeds of Crime Act 2002, both at the investigative stage and the claim stage, including claims concerning the victims of fraud under s.281 of POCA.  He also has considerable experience of group claims, acting for claimants and for defendants.

Andrew is recognised by the legal directories as a leading silk for his work in commercial fraud and asset recovery:

• “Andrew Sutcliffe KC regularly represents the National Crime Agency and other prosecuting authorities. A recognised practitioner in fraud and other civil law areas, he is particularly skilled in civil recovery proceedings arising from claims under POCA legislation. Sutcliffe is highly experienced in obtaining disclosure and property freezing orders.” – Chambers and Partners, 2026
• “Andrew is technically brilliant, incisive and tactually astute and his presentation of legal arguments is compelling. He is also delightful to work with and has a very inclusive approach.” – Chambers & Partners, 2025
• “Andrew has a gravitas that means he can be put in front of a board of directors and immediately command their respect. His work as a Deputy High Court Judge gives him a perspective that others lack. His advocacy is of the highest order”. “He is incisive, and swift to identify and focus upon the key aspects of a case.” – Legal 500, 2025

Current and recent instructions include:

• SFO v Schools [2025] EWHC 1146 (Admin); [2025] A.C.D 78: obtained for SFO an unexplained wealth order and interim freezing order against former wife of convicted fraudster whose financial crimes had a benefit of £146 million.
• NCA v Su Binghai [2025]; NCA v Su Haijin [2025]; NCA v Lin [2025]; NCA v Wang [2025]: obtained for NCA unexplained wealth orders and interim freezing orders against respondents in these separate ongoing cases connected with Singapore’s largest ever case of money-laundering.
• NCA v Najeem & Makhluf [2025]: obtained for NCA an unexplained wealth order and interim freezing order against respondents in connection with unlawful conduct in Libya, including allegations of money-laundering, people trafficking and gross human rights abuse.
• SFO v Karimova [2025]: instructed for SFO in securing property freezing order and appointment of management receiver and commencing civil recovery claim involving allegations of fraud against ex-president of Uzbekistan’s daughter.
• NCA v Dolby [2025]: obtained for NCA an account freezing order and extension to same over money in bank account representing proceeds of sale of French property acquired with the proceeds of crime.
• SFO v Ali Jammal & Jammal Trust Bank [2025]: acted for SFO in assisting third parties making claims under s.281 POCA.
• NCA v Feyziyev [2023] EWHC 1562 (Admin) & [2024] EWHC 501 (Admin): acted for NCA in obtaining without notice property freezing order over 22 London properties and monies held in Lichtenstein bank account and then successfully resisting the respondents’ application to discharge the same. Now acting for NCA in civil recovery claim.
• NCA v Hao [2024] EWHC 2240 (Admin); [2024] A.C.D. 115: acted for NCA in resisting application by two Chinese nationals living in the UK to set aside disclosure order obtained by the NCA.
• DPP v Ling Lui [2024] EWHC 1113 (Admin): acted for DPP in obtaining property freezing order and disclosure order over properties and shares held by respondents.
• NCA v Persons Unknown (with Barclays Bank Plc as an Interested Party) [2022]: acted for NCA in obtaining summary judgment in Commercial Court for £54 million and devising/obtaining court approval of a claim scheme agreed with Barclays for as yet unidentified victims of the fraud.

Andrew has extensive experience of heavyweight commercial disputes, in the Commercial Court, Chancery Division and in arbitrations.

“Andrew’s ability to forensically analyse volumes of information and complex legal concepts is unrivalled. His advice and guidance will invariably promote, and lead to, the best commercial outcome.” – Chambers & Partners UK Bar 2026

‘Andrew excels at taking very complicated issues and making them simple – both to the judge and to the client. Andrew is also an absolute pleasure to work with.’ – Legal 500 UK Bar 2025

Notable and recent cases in which Andrew is and has been instructed include:

Actial Farmaceutica Lda v Professor de Simone – acting for defendant in dispute over rights to probiotic medicine, involving issues as to correct jurisdiction for claim and whether interim injunctive relief justified.

Ryanair Ltd v Hertz Europe Ltd – acting for defendant in dispute over whether exclusive supplier agreement validly terminated.

Acting for former shareholders of an advertising agency in claim for deferred consideration arising out of a share sale and purchase agreement.

Acting for Turkish distributor in two related Commercial court actions involving the operation and termination of a distributorship agreement.

Russell Dover v British Airways (UK) Plc – expert witness in English law in New York proceedings; instructed by members of BA’s executive club to assist New York court in determining whether BA has breached the terms of its Executive Club Contract by the manner in which it charged fuel surcharge

Challinor v Juliet Bellis & Co [2013] EWHC 3467 & 629 (Ch); [2015] EWCA Civ 59. Represented claimant investors in a Guernsey unregulated collective investment scheme, arguing that investment monies were held on Quistclose trust. Succeeded after four week trial but overturned on appeal.

Mann Aviation Group (Engineering) Group Ltd v Longmint Aviation Ltd [2011] EWHC 2238. Acting for successful claimants in establishing entitlement to implied periodic tenancy in respect of occupation of commercial airport premises

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.

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.

“His appellate advocacy is first rate – calm, measured and responsive to the court’s questions.” – Legal 500 UK Bar 2026

Notable cases and current instructions include

Acting for the liquidators of a renewable energy company in a high value claim against former directors for breaches of fiduciary duty and misfeasance

Hammonds v Pro-Fit USA Ltd: acting for company in resisting application for administration order by its former solicitors whose debt was disputed.

Fraser v Oystertec Plc & Davidson: acting for claimant in setting aside as null and void agreement by which company was deprived of valuable patent on its insolvency.

Dexter Ltd v Vlieland Boddy: successful claim against former director for dishonest assistance in fraudulent scheme and breach of fiduciary duty

Andrew has long been recognised as a leading silk in entertainment law and has appeared in many of the leading cases in this field. He advises publishing companies, record labels and collecting agencies on a range of copyright and contractual issues. 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. His recent work includes

• Advising collecting agency on implications of Revised Term Directive
• Acting for claimant in film finance proceedings claiming breach of contract and fiduciary duty against film studio and company directors
• Advising leading publishing company on its rights in relation to substantial publishing dispute with high profile author
• 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.

Chambers & Partners UK Bar 2026 comments: “Andrew Sutcliffe KC offers expert counsel on an array of media issues as part of a broader practice. He has longstanding experience of involvement in many significant music, film and publishing cases. He has acted in cases involving major musical artists and bands as well as publishers.”

“Andrew combines impressive intelligence and expertise with a very friendly and collaborative approach. He is a great performer in court and absolutely someone you want on your side.” – Legal 500 UK Bar 2026

Andrew’s decided cases include:

Allen v Bloomsbury Publishing Plc [2010] EWHC 2560 (Ch) – instructed for defendant publisher in resisting alleged copyright infringement claim relating to Harry Potter and the Goblet of Fire

Fisher v Brooker [2007] EMLR 9 – claim concerning authorship of the hit A Whiter Shade of Pale

Brighton v Jones [2004] EMLR 26 – acting for playwright in resisting claim for joint authorship claim by director of West End play ‘Stones in His Pockets’

Spice Girls Ltd v Aprilia World Service BV [2002] EWCA Civ 15 – acted for successful defendant in resisting Spice Girls’ claim, leading case on misrepresentation by conduct

Andrew has been an accredited CEDR mediator since 2000 and has acted as mediator in many commercial mediations, involving media and entertainment, IP, breach of contract, insurance, re-insurance, professional negligence and banking law. 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.

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:

Fenwick v PriceWaterhouse Coopers LLP & others – acting for claimant in substantial damages claim for personal injury arising from course of conduct amounting to harassment

Derby Playhouse Ltd v Geldards LLP – acted for defendant solicitors in successful defence of £11m professional negligence claim, obtaining substantial security for costs award which resulted in proceedings being struck out

RPL v McCarthy Tetrault – acted for energy company in multimillion dollar claim against allegedly negligent solicitors responsible for conducting due diligence and verification in connection with company’s listing on ASIM. Claim settled in October 2014

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.

Sab v Jones Day Reavis & Pogue [2002] EWHC 2616 (Ch): acting for successful claimant in conflict of interest, breach of fiduciary duty claim against solicitors.

French (working knowledge)