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Andrew Pearson

Year of Call:	2013
Email:	Apearson@7kbw.co.uk

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Practice Profile

Andrew has particularly deep experience in fraud, insurance, shipping and commodity disputes; he is sought after for cases where those specialisms overlap, such as commodities frauds and marine insurance disputes.

He is regularly instructed to appear as junior counsel in complex, multi-jurisdictional, very high-value cases. He has been led by the majority of the senior members of Chambers, working most frequently with Alistair Schaff QC, Robert Bright QC and David Edwards QC.

Andrew is also regularly instructed to appear as sole counsel in the Commercial Court, Chancery Division and in arbitration under a variety of rules including LMAA, LCIA and ICC. Recent experience includes appearing as sole counsel in the Commercial Court against a leading silk in a full day return date hearing and jurisdictional challenge. His sole advocacy experience includes successfully seeking (and resisting) freezing injunctions and Norwich Pharmacal orders

He was described by The Lawyer magazine as a “Star Writer in Company Commercial” for his part in Orb a.r.l. and Ors v Ruhan, a complex and high value multi-party commercial fraud dispute surrounding the misappropriation of assets worth between £150m and £210m.

Areas of Expertise

Civil Fraud

Show Cases:

Gulf Air v One Inflight Ltd & Ors (CL-2017-000741) Andrew has been instructed as sole counsel for three of the defendants to this US$ 9m aviation fraud claim. He appears against a leading silk and experienced junior. The claim arises out of profits allegedly made in breach of fiduciary duties, raises issues of conspiracy and tracing, and has a substantial foreign law element. Most recently, Andrew resisted the continuation of a World Wide Freezing Injunction and the assertion of English jurisdiction in a full-day hearing (reported at [2018] EWHC 1018 (Comm)).
Besso Insurance Group Ltd v Trans Continental Intermediary Services (UK) Limited (CL-2017-000655) Andrew and S.J. Phillips QC are instructed together in this novel case. They seek negative declarations that a threatened fraud claim (arising out of the actions of a former employee) is time-barred, and in any event must fail because it arises out of an assignment savoring of maintenance and champerty. The case settled shortly before a summary judgment hearing, following the defendant’s admission of maintenance and champerty.
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 EUR 1.8m banking fraud. He won rapid procedural victories to secure his client’s position, obtaining Norwich Pharmacal relief and a Freezing Injunction, before taking the claim to judgment and ultimate enforcement by way of a third party debt order.
Charterer v Owner (LMAA Arbitration) Andrew was instructed as sole counsel in this entirely novel fraud claim. The case concerned a charterparty concluded through a joint broker, on whom a man-in-the-middle fraud was perpetrated. The novel question was who bears the loss when a broker acting for both parties is deceived. The claim has attracted academic attention: Dual capacity brokers, seen though the prism of man-in-the-middle frauds, Matthew McGhee L.M.C.L.Q. 2017 435
Large construction company v (1) Aircraft management contractor and (2) Aircraft maintenance contractor Andrew represented the claimant in this aviation fraud claim, as sole counsel. The case required him to grapple with and establish both conspiracy and breach of fiduciary duty. It settled on very favourable terms, after a one-day mediation, in which Andrew guided the claimant.
Small Business v Insurance Company The claimant’s business premises were destroyed in an arson attack. He instructed Andrew to bring a claim against his insurer, which alleged that he had ordered the attack in order to make a fraudulent claim. The case was factually complex, and has now settled.
The Atlantik Confidence [2016] EWHC 2412 (Admlty) Andrew was instructed by cargo insurers in this ground-breaking case. He helped obtain an unprecedented decision that the vessel had been scuttled, and that the insurers were accordingly entitled to ‘break limits’ under the Convention on Limitation of Liability for Maritime Claims 1976. Andrew’s analysis of the rule in the Popi M [1985] 2 Lloyd’s Rep 1, which deals with how a claimant can discharge the heavy burden of proving fraud when he has incomplete evidence, was adopted in Teare J’s judgment.
Orb a.r.l. and Ors v Ruhan [2015] EWHC 262 (Comm). Andrew appeared for the Defendant, along with Richard Waller QC and Tim Jenns, in a series of extremely heavy interlocutory applications in this GBP 210 million dispute. The case involved complex issues of law, including trust law and tracing. Andrew was recognized as a “Star Writer in Company Commercial” by The Lawyer magazine for his work in this case.

Insurance & Reinsurance

Show Cases:

Besso Insurance Group Ltd v Trans Continental Intermediary Services (UK) Limited (CL-2017-000655) Andrew and S.J. Phillips QC are instructed together in this unusual case. Their client is an insurance broker, which has been threatened with a claim in another jurisdiction. Andrew and Stephen brought proceedings for declarations that the threatened claim was subject to English jurisdiction and not only time-barred but also tainted by maintenance and champerty. The case settled shortly before a summary judgment hearing, following the defendant’s admission of maintenance and champerty.
Cortesi v ACE European Group (CL-2018-000252) The defendant insurer has instructed Andrew, as sole counsel, to resist the enforcement of an Italian judgment under the Brussels Regulation while an appeal is ongoing in Italy.
McKeever v Northernreef Insurance Co S.A. (LM-2018-000044) Andrew represents the claimant following the grounding of her sailing yacht. The policy - underwritten written though a tied agent that appears on the FCA’s list of unauthorized firms and potential scams - contains a highly unusual clause that excludes claims arising from negligence. The claim raises novel issues of consumer law, as well as of marine insurance.
Lloyds Syndicate v Coverholder (High Court) The claimant Lloyds Syndicate entered into a coverholder arrangement with the defendant. The defendant breached the terms of the arrangement, withholding premium and failing to provide information relating to the cover bound. Andrew is instructed by the claimant to seek recovery.
Insurer v Reinsurer (US Claim) David Edwards QC and Andrew were instructed to advise a US Reinsurer on the English law aspects of this multi-million dollar reinsurance dispute, which arises 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 QC, 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 centered on the meaning of “original insured marine market” losses, and the factual issue of how they could be proven. Alistair and Andrew 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 QC. The claim centred on failure to give proper advice before a move to “standing charges only” business interruption insurance. Amongst other things, it raised interesting issues around the level of a broker’s duty to a sophisticated / unsophisticated insured, and how the two were to be distinguished. The claim settled in the course of the four-week trial.

Shipping Admiralty & Transport

Show Cases:

MT Kriton (CL-2016-000485) / MT Kouros (CL-2016-000485) Andrew is instructed as sole counsel for Owners in these hard-fought charterparty claims, which raises issues around the validity of guarantees and indemnities, the authority of brokers, and the law of novation. Andrew successfully obtained an order for a preliminary issue at the CMC, despite fierce resistance from Charterers, and recently obtained an unless order in default of disclosure.
Classic Maritime Inc. v (1) Limbungan Makimur Bhd (2) Lion DRI Bhd (CL-2016-000421). Andrew is instructed as junior to Richard Southern QC in this major COA dispute, which arises out of the Samarco Dam disaster (Brazil’s worst environmental disaster). The case raises complex legal issues around the nature of force majeure and frustration. It is ongoing, with trial listed for July 2018.
Shipping Company v Mining Company (Ad-hoc Arbitration) Andrew and Robert Bright QC 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 successfully held the defendant to those obligations following a one-day hearing.
Samskip Multimodal BV v Transmanor Limited (t/a) Lloyds Transport & Warehousing (LM-2017-000171) The Claimants have instructed Andrew as sole counsel in this CMR claim, which resulted from the theft of highly valuable computers from a parked trailer. The primary issue in the case is whether willful misconduct can be established so as to justify breaking limits under the CMR.
Owner v Charterer (LMAA Arbitration) Andrew is instructed as sole counsel in a series of linked disputes relating to the carriage of oil. The case raises novel and interesting issues as to the validity of arbitration notices and the nature of service by “registered mail”. No case law exists on this point of practice.
Builder v Buyer (Megayacht) Andrew was instructed, along with Noel Casey and Andrew Rigney QC, in this high-profile dispute arising out of the construction of one of the world’s largest yachts. The case raised challenging issues as to the incorporation of exclusion clauses, restitution and contractual construction.
Charterer v Owner (LMAA Arbitration) Andrew was instructed as sole counsel in this entirely novel fraud claim. The case concerned a charterparty concluded through a joint broker, on whom a man-in-the-middle fraud was perpetrated. The novel question was who bears the loss when a broker acting for both parties is deceived. The claim has attracted academic attention: Dual capacity brokers, seen though the prism of man-in-the-middle frauds, Matthew McGhee L.M.C.L.Q. 2017 435
The Atlantik Confidence [2016] EWHC 2412 (Admlty) Andrew was instructed by cargo insurers in this ground-breaking case. He helped obtain an unprecedented decision that the vessel had been scuttled, and that the insurers were accordingly entitled to ‘break limits’ under the Convention on Limitation of Liability for Maritime Claims 1976. Andrew’s analysis of the rule in the Popi M [1985] 2 Lloyd’s Rep 1, which deals with how a claimant can discharge the heavy burden of proving fraud when he has incomplete evidence, was adopted in Teare J’s judgment.
Buyer v Builder (LMAA Arbitration) Andrew was instructed, along with Peter MacDonald Eggers QC and Charles Holroyd, for the buyer in this US$ 56m shipbuilding arbitration. The case was highly technical. It ended in complete victory for Andrew’s client, with the builder being ordered to repay the entirety of the contract price.

Commodities

Show Cases:

Charterer v Owner (High Court) Andrew is instructed, as sole counsel, to bring an appeal under s.69 of the Arbitration Act 1996. The case arises out of customs charges levied on cargo in a foreign jurisdiction. It raises an entirely novel point of law as to when limitation starts running for the purposes of an indemnity claim: when the quantum of liability is determined, or only when they are enforceable.
Shipping Company v Mining Company (Ad-hoc Arbitration) Andrew and Robert Bright QC 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 contract in such a way as to escape its obligations. Andrew and Robert successfully held the defendant to those obligations following a one-day hearing.
Classic Maritime Inc. v (1) Limbungan Makimur Bhd (2) Lion DRI Bhd (CL-2016-000421). Andrew is instructed as junior to Richard Southern QC in this major iron-ore COA dispute, which arises out of the Samarco Dam disaster (Brazil’s worst environmental disaster). The case raises complex legal issues around the nature of force majeure and frustration. It is ongoing, with trial listed for July 2018.
Cargo Interests v Vessel Interests (HKIAC Arbitration) This case arises out of the loss of a vessel carrying a cargo of nickel ore, alleged to have liquefied at sea. Amongst other things, it deals with the nature of dangerous cargo and the circumstances under which vessel interests can be said to have consented to its carriage. Andrew is instructed with Robert Bright QC.
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 QC and Simon Kerr, he succeeded in obtaining declarations holding the defendant to its contract.
Consultant v Commodities Company (ICC Arbitration) Andrew was led by David Bailey QC 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 necessary conditions for rectification of a contract, and 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.

International Arbitration

Show Cases:

Accountancy Company v International Association of Arbitration Companies (LCIA Arbitration) Andrew was instructed, along with James Brocklebank QC, to bring an LCIA claim. By the use of the LCIA expedited procedure, Andrew and James placed sufficient pressure on the respondents to force an early and favourable settlement.
Builder v Buyer (Megayacht) Andrew was instructed, along with Noel Casey and Andrew Rigney QC, in this high-profile dispute arising out of the construction of one of the world’s largest yachts. The case raised challenging issues as to the incorporation of exclusion clauses, restitution and contractual construction.
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 QC and Simon Kerr succeeded in obtaining declarations holding the defendant to its contract.
Consultant v Commodities Company (ICC Arbitration) Andrew was led by David Bailey QC 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 necessary conditions for rectification of a contract, and 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.

Commercial Litigation

Show Cases:

Carisbrooke Medical Centres Ltd v Hyde Housing Association Ltd (Claim No. HT-2016-000180) David Edwards QC and Andrew represented the Defendant housing association in this multi-million pound claim, which related to the delayed reinstatement of a block of sheltered accommodation after a catastrophic fire. The case was factually complex, with each side producing several experts, and required repeated re-pleading. It settled extremely favourably a few days before trial.
Excelmate Consulting Ltd v Care & Skill Ltd T/A Dyno-Pest Control (Claim No. B37YJ557) Andrew was instructed by the defendant. It had orally contracted to receive IT services from the claimant. Due to severe issues with the quality of the services, and the need to resolve those issues, the claimant ran up fees of almost £200,000. The claimant claimed those fees; the defendant counterclaimed for damage to its business caused by IT problems. The litigation was extremely hard-fought. It settled at a mediation in which Andrew guided his client.

Injunctions

Show Cases:

Gulf Air v One Inflight Ltd & Ors (CL-2017-000741) Andrew has been instructed as sole counsel for three of the defendants to this US$ 9m aviation fraud claim. He appears against a leading silk and experienced junior. Andrew appeared, alone, in a heavy interlocutory application opposing (amongst other things) the continuance of a World Wide Freezing Order against his clients. The judgment in that application is reported at [2018] EWHC 1018 (Comm).
Kahali Energy & Commodities LDA v International Finance Filial Europe Ltd (HC-2017-001441) The claimant commodities company had been defrauded of several million euros; they instructed Andrew as sole counsel. He rapidly obtained a Freezing Order, and ultimately assisted his clients in recovering almost €2m.
Kahali Energy & Commodities LDA v Lloyds Bank Plc (HC-2017-000710) Andrew acted on his own to obtain a Norwich Pharmacal order on behalf of his client, a crucial pre-action step that formed the foundation for this €2m claim.

Aviation

Show Cases:

Gulf Air v One Inflight Ltd & Ors (CL-2017-000741) Andrew has been instructed as sole counsel for three of the defendants to this US$ 9m aviation fraud claim. He appears against a leading silk and experienced junior. The claim arises out of profits allegedly made in breach of fiduciary duties by an airline employee, raises issues of conspiracy and tracing, and has a substantial foreign law element. Most recently, Andrew resisted the continuation of a World Wide Freezing Injunction and the assertion of English jurisdiction in a full-day hearing (reported at [2018] EWHC 1018 (Comm)).
Large construction company v (1) Aircraft management contractor and (2) Aircraft maintenance contractor (High Court) Andrew represented the claimant in this aviation fraud claim as sole counsel. The case arose out of an aircraft maintenance agreement. It required him to grapple with and establish both conspiracy and breach of fiduciary duty. It settled on very favourable terms, after a one-day mediation, in which Andrew guided the claimant.

Memberships

COMBAR, Commercial Fraud Lawyers’ Association, Young Fraud Lawyers’ Association, LCLCBA, BIICL.

Education

2007 - 2011 BA Classics, Christ Church, Oxford (First Class)

2011 - 2012 Graduate Diploma in Law, BPP Law School (Distinction)

2012 - 2013 Bar Professional Training Course, City Law School (Very Competent)

Reported Cases

Show cases:

Reported Cases

Orb a.r.l and Ors v Ruhan

Richard Waller QC, Tim Jenns and Andrew Pearson acted for the Defendant, Mr Andrew Ruhan, in a substantial interlocutory application, in this complex and high value multi-party commercial fraud dispute, which is due to come on for a 4-month hearing before the Commercial Court in late 2016/early 2017. The Defendant brought applications, inter alia (i) […]

February 11, 2015

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Orb a.r.l and Ors v Ruhan

February 11, 2015

New Tenants

Chambers is delighted to announce that Clara Benn and Andrew Pearson have accepted invitations to join Chambers on completion of their pupillages.

July 16, 2014

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7KBW will be sponsoring the 3rd MLAS Maritime Mooting Competition held in Singapore. bit.ly/2zRTSCK

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Latest 7KBW judgment from Robert Bright QC and Charles Holroyd - Can claimants who arrest vessels be required to give cross-undertakings in damages? Not at present, but the Court of Appeal says the position may be open to reconsideration bit.ly/2Bcec1k

Andrew Pearson

Practice Profile

Andrew has particularly deep experience in fraud, insurance, shipping and commodity disputes; he is sought after for cases where those specialisms overlap, such as commodities frauds and marine insurance disputes.

Areas of Expertise

Memberships