Andrew Pearson

Andrew has built a reputation as a leading commercial fraud and asset recovery junior. He is known for his straightforward approach, and for his willingness to fight and win hard points.  He has been involved in some of the largest civil fraud disputes of recent times (including some that are ongoing, highly confidential, and not listed below).  The directories say he is a ‘star of the future’.

• CRF I Limited v (1) Banco Nacional de Cuba (2) Republic of Cuba [2023] EWHC 774 (Comm)

Andrew’s client is suing the former central bank of Cuba.  The claim is about €80m worth of sovereign debt from the mid-eighties.  Serious allegations of dishonesty and bribery were made against Andrew’s client.  Andrew and Jawdat Khurshid KC succeeded in a two-week jurisdiction trial, which is now the subject of an appeal.

• Verum Plus AG v Petroineos Trading Ltd (CL-2021-000085)

Andrew was urgently brought into this US$6.5m claim, as sole counsel, to defend a strike-out application.  That application had come about because his client’s former solicitor (a partner at a major City of London firm) had run off with US$1.3m that was meant to be used as security for costs, which had not therefore been paid.  He was successful.

• Investment Company v (1) Finance Company (2) Oligarch Guarantors (LCIA Arbitration)

Andrew’s client exercised its option under a US$88m put/call contract.  The counterparty refused to pay, as did its Russian oligarch guarantors: the claimed the contract was procured by duress and raised a large counterclaim.  Andrew was sole junior counsel for his clients, led by Philip Riches KC.  They won the resulting LCIA arbitration.

• Canara Bank v Dansingnari (BL-2012-000003)

Andrew is instructed, as sole counsel, to conduct an examination of the Defendant under CPR Part 71, in order to enforce a Court of Appeal judgment worth in excess of £2m.

• Agate Assets SA & ors v Banque Privee Edmond de Rothschild Europe SA & ors (CL-2015-000224)

Andrew was instructed on this €30m derivatives fraud claim.  It arose out of a fraud carried out by the directors of an Italian pension fund, which had been facilitated by a major German bank.  The matter settled successfully shortly before trial was due to commence.  Andrew was led by Charles Samek KC.

• Besso Ltd v Bloody Bay Hotel Group Ltd (CL-2018-000598)

Andrew and S.J. Phillips KC were instructed in this alleged US$9m insurance broking fraud.  They won a series of interlocutory battles – about preliminary issues, security for costs and specific disclosure – and ultimately forced a settlement shortly before the planned three-week trial.

• Godfrey Hicks & Ors v William Gerald Gibson & Ors (CL-2022-000060)

Andrew’s clients first found out about this claim when default judgment was entered against them for £28m.  They had never heard of the Claimants.  Andrew was instructed as sole counsel.  He succeeded in having the judgment set aside – persuading the Court that the claim itself and the certificate of service were fraudulent.

• Abdulrida & Ors v Al-Najar & Ors [2021] EWHC 398 (Ch)

Having assisted with trial, Andrew was instructed to run the enforcement action in this significant fraud claim, as sole counsel.  He has put in place and executed a comprehensive strategy, which involves both complex law (receivership by way of equitable execution) and brutal reality.  The funds were recovered.

• Gulf Air v One Inflight Ltd & Ors (CL-2017-000741)

Andrew appeared as sole counsel against a leading silk in this US$9m aviation conspiracy / fraud claim.  He was instructed on an urgent basis after the Claimant obtained – along with a WFO – an ex parte order that Andrew’s client hand over all his electronic devices with passwords to the Claimant. Following a full-day hearing, Andrew succeeded in having significant protections put on that unusual order: [2018] EWHC 1018 (Comm).

• Kahali Energy & Commodities LTDA v International Filial Finance Europe Ltd & Ors (HC-2017-001441)

Andrew had sole conduct of this claim, which arose out of a €1.8m banking fraud. He won at each stage, obtaining Norwich Pharmacal relief and a Freezing Injunction before issue, judgment for his client, and ultimately securing enforcement by way of a Third Party Debt Order.

• Orb a.r.l. and Ors v Ruhan [2015] EWHC 262 (Comm)

Andrew appeared for the Defendant, along with Richard Waller KC and Tim Jenns, in a series of extremely heavy interlocutory applications in this £210 million dispute. The case involved complex issues of law, including trust law and tracing. Andrew was recognised as a “Star Writer” by The Lawyer magazine for his work in this case.

Commercial litigation is the mainstay of Andrew’s practice.  He regularly appears in the Commercial Court and above, conducting applications and trials both on his own and as part of a wider team.  The directories say that ‘he takes on opponents many years his senior and performs with aplomb’.

• CRF I Limited v (1) Banco Nacional de Cuba (2) Republic of Cuba [2023] EWHC 774 (Comm)

Andrew’s client is suing the former central bank of Cuba.  The claim is about €80m worth of sovereign debt from the mid-eighties, and has implications for the market in Cuban sovereign debt generally.   Andrew and Jawdat Khurshid KC succeeded in a two-week jurisdiction trial, which is now the subject of an appeal.

• Arbitral International Corporation & Ors v Brittania Financial Group Ltd (CL-2023-000074)

This dispute is about the commission payable under a Share Purchase Agreement to the former owners of an investment manager: in particular whether they are entitled to commission on US$2bn of business which appear to have been diverted away from the company.  Andrew appeared as sole counsel in an early application for pre-action disclosure.  He is now led by Richard Handyside KC.

• Verum Plus AG v Petroineos Trading Ltd (CL-2021-000085)

Andrew is sole counsel in this US$6.5m joint venture dispute, and in associated proceedings against his client’s former solicitor (a partner at a major City of London firm) who ran off with US$1.3m of client funds.

• Perfect Marine Ltd v (1) Sodrugestvo Turkey (2) Allseeds Switzerland (3) Nela Gida (Claim No: CL-2021-000431)

A cargo of genetically modified soya-beans was meant to be discharged in Ukraine.  It could not be, and was sent to Turkey instead.  By the time it got there, the cargo had been damaged by moisture and decay, causing up to $13m of losses.  Andrew acts with Peter MacDonald Eggers KC act against cargo interests in these proceedings, which will turn on the cause of the damage.  There are parallel proceedings in Belgium, and have also been proceedings in Togo.

• Besso Ltd v Bloody Bay Hotel Group Ltd (CL-2018-000598)

Andrew and S.J. Phillips KC were instructed in this alleged US$9m insurance broking dispute.  They won a series of interlocutory battles – about preliminary issues, security for costs and specific disclosure – and ultimately forced a settlement shortly before the planned three-week trial.

• Agate Assets SA & ors v Banque Privee Edmond de Rothschild Europe SA & ors (CL-2015-000224)

Andrew was instructed on this €30m derivatives fraud claim.  It arose out of a fraud carried out by the directors of an Italian pension fund, which had been facilitated by a major German bank.  The matter settled successfully shortly before trial was due to commence.  Andrew was led by Charles Samek KC.

• Classic Maritime Inc. v (1) Limbungan Makimur Bhd (2) Lion DRI Bhd [2018] EWHC 3489 (Comm); [2019] EWCA Civ 1102.

Andrew was instructed as junior to Richard Southern KC in this major COA dispute, which arose out of the Samarco Dam disaster.  At first instance, Andrew and Richard helped their client avoid a declaration of force majeure, but were awarded nominal damages only. They successfully challenged the award of nominal damages, and defended the rest of the judgment, in the Court of Appeal.

• McKeever v Northernreef Insurance Co S.A. ([2019] 2 Lloyd’s Rep. 161)

Andrew handled this case, as sole counsel, from its inception to judgment, recovering a full indemnity for the Claimant following the grounding of her sailing yacht.  The analysis of various perils insured under the policy has triggered significant practitioner and academic interest.  He also successfully conducted the resulting enforcement action, obtaining Chabra and freezing injunctions and recovering the funds in full.

Andrew’s reputation as a shipping and transport junior is well-established.  He is ranked by both major directories, which say that he is ‘responsive, adaptable, strong minded, knowledgeable’ and that he ‘always finds an angle.’ He has been instructed on some of the most important and valuable cases of the past few years.

• Intended Buyers v Sellers (LMAA Arbitration)

Andrew is instructed as sole counsel in this multi-jurisdictional US$12m claim.  His clients entered into a contract to purchase a disused cruise liner for scrap.  The intended sellers subsequently sold it to a third party instead.  He was successful in a preliminary dispute about jurisdiction.  The case is proceeding towards a hearing.

• Owners v Bareboat Charterers (LMAA Arbitration)

A bulk vessel was redelivered at the end of a bareboat charterparty, in very poor condition.  She also had an illegal ‘magic pipe’ fitted to allow the charterers to bypass the Vessel’s oily water separator when pumping bilge out.  That came to light when the main engine was flooded with salt water during a suction test, causing $6m of damage.  Andrew and Richard Southern KC are running this complex claim, which is proceeding to arbitration in January 2024.

• Purchaser v Sub-Charterer v Head Owner (LMAA Arbitration)

Andrew is instructed along with Richard Southern KC in this dispute, which arises out of losses sustained because a vessel could not trade on the lucrative C5 route. He and Richard were successful on a major preliminary issue application about how damages are to be quantified.  The case is now proceeding to a final hearing dealing with liability.

• Buyer v Yard (LMAA Arbitration and High Court Injunction)

Andrew’s client purchased a partially constructed newbuilding vessel.  When the time came for delivery, it was in unacceptable condition.  This US$60m case was about who carried the risk.  Andrew was fully involved in assisting Richard Southern KC with preparation for the substantial arbitration, which involved five expert disciplines.  After they were successful in the arbitration, Andrew and Richard obtained an anti-suit injunction from the High Court preventing re-litigation in China.

• Classic Maritime Inc. v (1) Limbungan Makimur Bhd (2) Lion DRI Bhd [2020] EWHC 619 (Comm)

Andrew was instructed with Richard Southern KC in this US$ 82m dispute.  It shares many facts with the dispute below, which went to the Court of Appeal, but raised different issues – most importantly whether practical considerations such as port capacity are relevant when assessing damages.  Andrew and Richard were wholly successful.

• Classic Maritime Inc. v (1) Limbungan Makimur Bhd (2) Lion DRI Bhd [2018] EWHC 3489 (Comm); [2019] EWCA Civ 1102

Andrew was instructed as junior to Richard Southern KC in this major COA dispute, which arose out of the Samarco Dam disaster.  At first instance, Andrew and Richard helped their client avoid a declaration of force majeure, but were awarded nominal damages only. They successfully challenged the award of nominal damages, and defended the rest of the judgment, in the Court of Appeal.

• Head Owners v Charterers (LMAA Arbitration)

Andrew was led by Nigel Jacobs KC in this case which, unusually in recent years, arose out of a collision.  It raised issues of negligent navigation, unseaworthiness, general average and the construction of the Boxtime form.

• Shipping Company v Mining Company (Ad-hoc Arbitration)

Andrew and Robert Bright KC acted for the claimant in this dispute, which arose out of the largest COA ever concluded: worth almost $2bn. The defendant sought to construe the long-term COA in such a way as to escape its obligations; Andrew and Robert prevented it from doing so.

• Cargo Interests v Vessel Interests (HKIAC Arbitration)

This case concerned a notorious total loss.  Andrew was instructed with Robert Bright KC.  Having been successful in a number of preliminary skirmishes, the dispute settled following mediation.

• Builder v Buyer (LMAA Arbitration)

Andrew was instructed, along with Noel Casey and Andrew Rigney KC, in this high-profile dispute arising out of the construction of one of the world’s largest yachts. The case raised issues as to the incorporation of exclusion clauses, restitution and contractual construction.  It resulted in a large award in favour of Andrew’s client.

Andrew has been involved in disputes relating to almost every commodity, from petrochemicals to grain.  He has particular experience in the iron ore trade, having acted in a dispute about a market-defining US$950m ore-terminal development contract, a US$2bn dispute about a long-term commodity shipping contract, and a separate Court of Appeal case about a long-term ore shipping contract.  Chambers & Partners says in this area that he ‘has a very approachable style and has a rare ability to provide straightforward advice on complex legal issues with practical commercial vision’.

• Seller v Buyer (LMAA Arbitration)

Andrew appears against a very experienced silk in this US$21m dispute concerning deliveries of Russian coal.  The case concerns the impact of US Sanctions on payments required to be made under the contract.

• Seller v Buyer (UNCITRAL Arbitration)

Andrew appeared as sole counsel against Clifford Chance Paris in this US$8.5m dispute, also concerning deliveries of Russian coal.  The dispute centred on the applicability of a force majeure clause.  Andrew’s client was successful.

• Perfect Marine Ltd v (1) Sodrugestvo Turkey (2) Allseeds Switzerland (3) Nela Gida (Claim No: CL-2021-000431)

A cargo of genetically modified soya-beans was meant to be discharged in Ukraine.  It could not be, and was sent to Turkey instead.  By the time it got there, the cargo had been damaged by moisture and decay, causing up to $13m of losses.  Andrew acts with Peter MacDonald Eggers KC act against cargo interests in these proceedings, which will turn on the cause of the damage: self-heating, or lack of ventilation / wetting by seawater.  There are parallel proceedings in Belgium, and have also been proceedings in Togo.

• Maersk Guinee-Bissau S.A.R.L. and another v Almar-Hum Bubacar Balde S.A.R.L. (Claim No: CL-2020-000714

Andrew was instructed to defend this multi-jurisdictional US$5m claim.  The claimants sought to re-litigate claims which went against them in the courts of Guinea-Bissua.  There were issues of res judicata, as well as general commodities questions.

• Classic Maritime Inc. v (1) Limbungan Makimur Bhd (2) Lion DRI Bhd [2020] EWHC 619 (Comm).

Andrew was instructed with Richard Southern KC in this US$ 82m dispute.  It shares many facts with the dispute below, which went to the Court of Appeal, but raised different issues – most importantly whether practical considerations such as port capacity are relevant when assessing damages.  Andrew and Richard were wholly successful.

• Classic Maritime Inc. v (1) Limbungan Makimur Bhd (2) Lion DRI Bhd [2018] EWHC 3489 (Comm); [2019] EWCA Civ 1102

Andrew was instructed as junior to Richard Southern KC in this major iron-ore COA dispute, which arose out of the Samarco Dam disaster.  At first instance, Andrew and Richard helped their client avoid a declaration of force majeure, but were awarded nominal damages only. They successfully challenged the award of nominal damages, and defended the rest of the judgment, in the Court of Appeal.

• Shipping Company v Mining Company (Ad-hoc Arbitration)

Andrew and Robert Bright KC acted for the claimant in this commodities (iron ore) dispute, which arose out of a the largest COA ever concluded: worth almost $2bn. The defendant sought to construe the long-term COA in such a way as to escape its obligations; Andrew and Robert prevented it from doing so.

• Port Owner v Commodities Company (LMAA Arbitration)

The defendant commodities company had renounced a market-defining iron-ore shipment contract, under which the claimant stood to make profits of almost $1bn. Andrew was instrumental in the claimant’s legal strategy from the beginning; along with Alistair Schaff KC and Simon Kerr, he succeeded in obtaining declarations holding the defendant to its contract.

Andrew’s practice spans the entire scope of insurance and reinsurance disputes.  He is particularly interested in claims involving insurance fraud, or where there are difficult issues of limitation to resolve.  In addition to the cases below, he is frequently called upon to advise on coverage issues.

Selected case are set out below.

• Insured v Liability Insurers v Excess Insurers (Ad Hoc Arbitration)

Andrew was instructed as sole counsel in this multi-million pound dispute.  It is about the extent of Liability and Excess Insurers’ duty to indemnitfy the insured against costs incurred in relation with civil, criminal and regulatory proceedings that arise as a result of a very well-known catastroph

• Bysteel UK Ltd v Arch Insurance (CL-2020-000579)

Andrew was instructed along with Peter MacDonald Eggers KC in this dispute. The claimants had fabricated and installed metal cladding for a building in central London.  It was defective, and they claimed on their policy.  Andrew’s defendant clients declined cover, on the basis of late notification and various breaches of claims conditions.  Ultimately, they were able to force the claimants to discontinue their claim.

• Eusider v CNA Insurance & Ors. (LM-2019-000184)

Andrew was instructed to dispute the jurisdiction of the English court in this marine insurance claim.  The challenge turned on whether the terms of an open policy take precedence, or whether those of a certificate of insurance prevail.  He was wholly successful: the Claimant entirely abandoned its English claim shortly before the jurisdiction hearing was due to take place.

• Besso Ltd v Bloody Bay Hotel Group Ltd (CL-2018-000598)

Andrew and S.J. Phillips KC were instructed in this alleged US$9m insurance broking dispute.  They won a series of interlocutory battles – about preliminary issues, security for costs and specific disclosure – and ultimately forced a settlement shortly before the planned three-week trial.

• McKeever v Northernreef Insurance Co S.A. ([2019] 2 Lloyd’s Rep. 161)

Andrew handled this marine insurance dispute as sole counsel from its inception to judgment, recovering a full indemnity for the Claimant following the grounding of her sailing yacht.  The analysis of various perils insured under the policy has triggered significant practitioner and academic interest.

• Besso Insurance Group Ltd v Trans Continental Intermediary Services (UK) Limited (CL-2017-000655) Andrew’s client was threatened with an reinsurance-broking fraud claim in Jamaica.  They won a series of interlocutory battles – about preliminary issues, security for costs and specific disclosure – and ultimately forced a settlement shortly before the planned three-week trial.

• Cortesi v ACE European Group (CL-2018-000252)

The defendant insurer instructed Andrew, as sole counsel, to resist the enforcement of an Italian judgment under the Brussels Regulation while an appeal was ongoing in Italy.  While Andrew was unsuccessful at first instance, his arguments led the Trial judge to take the unusual step of granting permission to appeal his own judgment.

• Insurer v Reinsurer (US Claim)

David Edwards KC and Andrew were instructed to advise a US Reinsurer on the English law aspects of this multi-million dollar reinsurance dispute, which arose out of a US class action suit. The dispute was legally highly complex, raising particular issues as to the incorporation of claims-handling clauses from insurance to reinsurance policies.

• Reinsurer v Reinsurer (Ad Hoc Arbitration).

Along with Alistair Schaff KC, Andrew acted for a reinsurer that had purchased an Industry Loss Warranty. The reinsurer was exposed to losses following the Deepwater Horizon disaster, and claimed on the policy. The claim centred on the meaning of “original insured marine market” losses, and the factual issue of how they could be proven. Andrew and Alistair were successful in obtaining full payment of the claim.

• AB Orlen Lietuva v Aon UK Ltd (2012 Folio 1152) (Commercial Court).

Andrew was junior counsel for the Claimant, led by Gavin Kealey KC, in this US$100m brokers’ negligence claim. It raised difficult issues around the level of a broker’s duty to a sophisticated / unsophisticated insured. The claim settled in the course of the four-week trial.

Andrew conducts major commercial arbitrations under a wide variety of rules.  By way of example:

• Seller v Buyer (LMAA Arbitration)

Andrew appears against a very experienced silk in this US$21m dispute concerning deliveries of Russian coal.  The case concerns the impact of US Sanctions on payments required to be made under the contract.

• Seller v Buyer (UNCITRAL Arbitration)

Andrew appeared as sole counsel against Clifford Chance Paris in this US$8.5m dispute, also concerning deliveries of Russian coal.  The dispute centred on the applicability of a force majeure clause.  Andrew’s client was successful.

• Investment Company v (1) Finance Company (2) Guarantors (LCIA Arbitration)

Andrew’s client exercised its option under a US$88m put/call contract.  The counterparty refused to pay, as did its Russian oligarch guarantors: the claimed the contract was procured by duress and raised a large counterclaim.  Andrew was sole junior counsel for his clients, led by Philip Riches KC.  He won the resulting LCIA arbitration.

• Port Owner v Commodities Company (LMAA Arbitration)

The defendant commodities company had renounced a market-defining iron-ore shipment contract, under which the claimant stood to make profits of almost $1bn. Andrew was instrumental in the claimant’s legal strategy from the beginning; along with Alistair Schaff KC and Simon Kerr, he succeeded in obtaining declarations holding the defendant to its contract.

• Shipping Company v Mining Company (Ad-hoc Arbitration)

Andrew and Robert Bright KC acted for the claimant in this dispute, which arose out of a the largest COA ever concluded: worth almost $2bn. The defendant sought to construe the long-term COA in such a way as to escape its obligations; Andrew and Robert prevented it from doing so.

• Cargo Interests v Vessel Interests (HKIAC Arbitration)

This case concerned a notorious total loss.  Andrew was instructed with Robert Bright KC.  Having been successful in a number of preliminary skirmishes, the dispute settled following mediation.

• Consultant v Commodities Company (ICC Arbitration)

Andrew was led by David Bailey KC in this dispute, which arose out of a joint-venture agreement for oil-well development in the UAE. The legal arguments were complex, focusing in particular on the circumstances in which the rule in White & Carter v McGregor can be displaced. The case settled, favourably, shortly before the award was due to be published.

Andrew’s favourite type of instruction – by far – is one to seek or resist injunctive relief on short notice.  He is noted for his ability to master complex facts in a short period of time, and for his robust approach.  He frequently appears opposite significantly more experienced opponents in this area.  He also has extensive experience in developing enforcement strategies and taking all kinds of enforcement action.

• Canara Bank v Dansingnari (BL-2012-000003)

Andrew is instructed as sole counsel to conduct an examination of the Defendant under CPR Part 71, in order to enforce a Court of Appeal judgment worth in excess of £2m.

• Buyer v Yard (LMAA Arbitration and High Court Injunction)

Andrew and Richard Southern KC won a $60m shipbuilding arbitration.  Their opponent did not like the result, and decided to relitigate in China.  Andrew and Richard obtained an anti-suit injunction, at very short notice, from the High Court preventing that, and also obtained a prohibitory injunction restraining the further use of confidential arbitration documents around the world.

• Abdulrida & Ors v Al-Najar & Ors [2021] EWHC 398 (Ch)

Having assisted with trial, Andrew was instructed to run the enforcement action in this significant fraud claim, as sole counsel.  He has put in place and executed a comprehensive strategy, which involves both complex law (receivership by way of equitable execution) and brutal reality.  The funds were recovered.

• Alafco Irish Aircraft Leasing Ltd v (1) Hong Kong Airlines Ltd (2) HNA Aviation Group Co Ltd (Claim No. CL-20210-000069)

Andrew was instructed as sole counsel by the second Defendant, at short notice, to defend an application for a mandatory injunction.  Andrew’s client was in a form of insolvency, and there was doubt as to whether it would be able to perform.  He succeeded in reducing an absolute obligation to a “best endeavours” one – saving his client from being ordered to do something outside its powers.

• McKeever v Northernreef Insurance Co S.A. [2020] 4 WLUK 244

Following judgment in this matter, the defendant Uruguayan insurance company failed to pay what it owed.  Andrew was instructed to enforce the judgment.  He applied pressure by seeking and obtaining an order for examination of its directors under CPR Part 71.  It became clear that assets had been dissipated: he obtained post-judgment freezing injunctions (including on the Chabra basis), and used those to obtain a fully-secured settlement.

• All Capital Holdings v (1) Van Der Linden (2) HSBC (FJ 249/2019)

Andrew was instructed to obtain disclosure of a fraudster’s bank statements from HSBC, with a view to enforcement.  Norwich Pharmacal relief was not available, because the relevant account had been opened long after the fraudulent acts.  Andrew made creative use of the non-party disclosure regime to obtain post-judgment non-party disclosure of the statements.

• MV Zografia

Andrew was instructed urgently to obtain an anti-suit injunction against proceeding in Brazil.  His work ultimately led to those proceedings being discontinued.

• Vneshprombank LLC v Bedzhamov & ors (BL-2018-002691)

Andrew appeared as sole counsel for the Claimant in this ongoing £1.34 billion banking fraud claim, in a hard-fought hearing arising out of the grant of a search order and WFO.

• Gulf Air v One Inflight Ltd & Ors (CL-2017-000741)

Andrew appeared as sole counsel against a leading silk in this US$9m aviation conspiracy / fraud claim.  He was instructed on an urgent basis after the Claimant obtained – along with a WFO – an ex parte order that Andrew’s client hand over all his electronic devices with passwords to the Claimant. Following a full-day hearing, Andrew succeeded in having significant protections put on that unusual order: [2018] EWHC 1018 (Comm).

• Kahali Energy & Commodities LTDA v International Filial Finance Europe Ltd & Ors (HC-2017-001441)

Andrew had sole conduct of this claim, which arose out of a €1.8m banking fraud. He won at each stage, obtaining Norwich Pharmacal relief and a Freezing Injunction before issue, winning judgment for his client, and ultimately securing enforcement by way of a Third Party Debt Order.