Andrew Twigger QC

The directories say

a barrister going places

- Chambers UK 2012

Andrew has a Chancery commercial litigation practice and has extensive experience in litigation both in the Chancery Division and the Commercial Court. He also acts in commercial arbitrations.

Andrew has a particular interest in cases related to banking and finance, but undertakes a wide variety of other corporate and commercial cases relating to contractual disputes, commercial fraud, shareholders’ rights, auditors’ (and other professional) negligence, claims relating to bonds and other commercial instruments, company insolvency and insurance.

In addition, Andrew has acted in a variety of property and trust related matters, including partnership disputes, claims to interests in land and actions for breach of trust. He also undertakes drafting and advisory work in the company and commercial spheres.

 

Professional reputation

 

Andrew "is really stepping up to the plate and seriously delivering. He's very worthy of any accolades that anyone gives him," and is recommended in Chancery: Commercial, Banking and Finance and Commercial Dispute Resolution, by Chambers and Partners.

 

Notable recent cases


  • Pearsanta v. US Bank Trustees Ltd. – Andrew is instructed by Clifford Chance on behalf of the Second Defendant, NM Rothschild & Sons Ltd., in an action commenced in the Chancery Division concerning the Claimant Junior Lender’s right to appoint a Special Servicer under the contractual arrangements forming part of a CMBS structured finance transaction.

  • McKellar v. Kingston Smith Services Ltd. Andrew is instructed by Blake Lapthorn (leading Seth Cumming) for the Defendant in this action in the Manchester Mercantile Court concerning alleged breaches of warranties contained in a Share Purchase Agreement, under which the Claimant sold the Defendant an association management business.  The trial was heard by HJJ Waksman QC in May 2012 and judgment is awaited.

  • Day v. Harris & Day v. Royal College of Music – Andrew is instructed by Birketts (leading Luke Harris and Constance McDonnell) in relation to these appeals to the Court of Appeal concerning the estate of the late Sir Malcolm Arnold, the well known musician and composer.  Amongst the issues arising is the question of title to a large number of manuscripts of Sir Malcolm’s works which are currently held by the Royal College of Music.

  • Independent Trustee Services Limited v. Morris – Andrew is instructed on behalf of the respondent wife, whose ex-husband had paid off an ancillary relief award with money which later turned out to have been stolen from a pension fund.  The appeal raised issues concerning the nature of the liability of an innocent recipient and the availability of the bona fide purchaser defence (see [2012] EWCA Civ 195). 

  • Benedetti v Sawiris – instructed by Herbert Smith to represent the Claimant in a trial before Patten J in the Chancery Division from February to May 2009 concerning the acquisition of a leading Italian telecommunications company, which was the largest leveraged buy out in Europe in 2005.  The appeal to the Court of Appeal was heard over four days commencing on 15 July 2010 and judgments were given on 16 December 2010.  The judgments contain an important consideration of the legal principles applicable to a quantum meruit claim.  Permission has been granted to appeal to the Supreme Court and the appeal is due to be heard in October 2012. Permission to appeal to the Supreme Court has been granted.

  • Portpin Ltd. v. Antonov – Andrew is instructed (leading Jennifer Seaman) on behalf of the Claimant in this ongoing Commercial Court action seeking enforcement of a guarantee given in connection with the sale of Portsmouth City Football Club in 2011.

  • Telekom Slovenije, D.D. v. Cosmote Mobile Telecommunications S.A.– Andrew is instructed by Clifford Chance for the Claimant in ongoing Commercial Court proceedings concerning various warranty and indemnity claims under a Share Purchase Agreement.

  • Proddow Mackay v Hampshire Trust plc – Andrew is instructed by Stephenson Harwood on behalf of the Defendant in an ongoing action in the Chancery Division concerning the liability of a solicitor for loans made by a bank to potential clients of the solicitor to cover disbursements in personal injury claims.  An application was made for summary judgment: see [2011] EWHC 536 (Ch).

  • Arab Banking Corporation v Ahmad Hamad Algosaibi & Brothers – Andrew was instructed by Herbert Smith (leading Jennifer Seaman) for the two of the Claimant Banks in a Commercial Court action seeking repayment under various facilities.  The trial was listed to be heard over 8 weeks in June 2011 along with a number of other related actions.  The Defendants admitted liability part way through the trial.  Andrew has since been involved in seeking enforcement, including the determination of priorities amongst parties seeking charging orders ([2011] EWHC 2444 (Comm)). 

  • Ramiiilaj v George Ivar Louis Mountbatten, Marquess Of Milford Haven – Andrew was instructed by Edwin Coe on behalf of one of the Defendants in an action alleging the purchase of shares at an undervalue. 

  • CPC Group Ltd. v Qatari Diar Real Estate Investment Company – Andrew was instructed by Herbert Smith on behalf of the Defendant in this high profile action in the Chancery Division concerning the withdrawal of an application for planning permission in relation to the development of the Chelsea Barracks site following comments made by HRH the Prince of Wales.   The trial took place over 2 weeks in May 2010.  The Court’s judgment includes some consideration of the law as to the effect of clauses requiring mutual good faith and the use of all reasonable endeavours.  

  • IXIS Corporate & Investment Bank v West LB AG, CIBC World Markets plc &Terra Firma Capital Partners acted for the Claimant in substantial Commercial Court litigation, dealing with the alleged negligence and fraud of parties involved in a securitisation of receivables, in particular in relation to a complex financial model.  The claim settled before judgment after a three month trial in the first quarter of 2008.  Instructed by Stephenson Harwood.

  • MAN v Freightliner v Ernst & Young [2005] EWHC 2347 (Comm) / [2008] 2 BCLC 22 Andrew acted for the Defendant in this high-profile trial in the Commercial Court, involving commercial fraud and auditors’ negligence.  The trial lasted six months in the first half of 2005.  Also acted on the appeal to the Court of Appeal which was heard in March 2007 and in relation to the Petition for Leave to Appeal to the House of Lords in October 2007.  Instructed by Clifford Chance.

  • Black v Sumitomo [2002] 1 WLR 1562 – remains a leading case in relation to pre-action disclosure.  Instructed by Teacher Stern & Selby.

     

Professional membership

 

Chancery Bar Association


ComBar

 

Education

 

Aylesbury Grammar School (1982-1987). 

St. John’s College, Oxford (1987-1991). 

City University (1992-1993).

 

Publications

 

 

 

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