Examples of Work Undertaken

• Real Property Use and Development
• Construction and Engineering
• Defective Buildings, Dwellings and Products
• Commercial and Contractual Disputes
• Professional Liability
• Insolvency

Andrew's recent Commercial and Contractual Cases

• Advising parties in the context of a concluded International Chamber of Commerce (ICC) commercial arbitration, resisting enforcement (in London) of an adverse Arbitrator’s Award (s.66-70 & 80(5) of the Arbitration Act 1996), subject to the substantive laws of the UAE and the procedural laws of the 1996 Act >and the Civil Procedural Rules of England and Wales. Applications included, Security for Award, Security for Costs, Anti suit injunction, Strike-outs and summary judgment to enforce the Award. The dispute in the arbitration (not at all involved) concerned an International Share Purchase Agreement and Shareholders Agreement and a significant plant facility in the Gulf.

• Advising and drafting in relation to commercial ovens and catering equipment the subject of retention of title clauses and  insolvency;
• Advising a party concerning contaminated land at a substantial commercial wood products facility;
• Advising and drafting in connection with an energy plant contract;
• Acting for Claimants in a substantial partnership dispute involving a substantial derelict property in the North West and Middle Eastern family members.
• Acting as counsel in 5 day trial commercial dispute between directors ⁄ shareholders involving quasi-partnerships and s. 459 Companies Act 1985 (as it then was!);
• Advising and representing Defendant in misrepresentation claim involving commercial land.
• Presiding and drafting a binding Award as sole Arbitrator in Lloyds’ names commercial insurance arbitration;
• Drafting all types of applications used in court and/or commercial arbitrations (eg strike out, interim injunctions, freezing and search and seizure injunctions, security for costs and seeking interim payments).
  

Further work in the field of Commercial & Contractual Disputes

• Advising and representing contractors in claims under a construction bonds and guarantees.
• Many insurance cases for which see above.
• Advising in a dispute involving web sites and the internet.
• Obtaining injunctive relief in relation to the disconnection of internet services to a wholesaler who supplied to retailers.
• Many breach of contract disputes involving plant, machinery and vehicles (including finance agreements) including defects allegations and allegations of delay and disruption and reduced performance, e.g. that the plant and machinery fails to perform as represented. One substantial claim in Pakistan involved many millions of US$.
• Disputes involving many aspects of commercial and contract law including:
• The phenomena of agreement i.e. is there a contract and if so what are its terms (including the incorporation of arbitration clauses).
• Restitutionary claims including subrogation.
• Allegations of vitiating factors including all aspects of Misrepresentation, undue influence and duress.
• Disputes involving allegations of illegality and non est factum.
• Disputes involving difficult aspects of the measure and quantum of damages.
• Sale and carriage of Goods disputes.
• Franchise and other ad hoc contract disputes