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Andrew Maguire

Andrew Maguire

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Andrew Maguire has a busy chancery-based commercial law practice. He specialises particularly in disputes over the interpretation or breach of contracts, personal guarantees, restrictive covenants, mortgage and trust deeds and joint venture agreements, breach of trust, fiduciary duty and directors’ duties – and cases involving commercial fraud. These include breach of restrictive covenants, confidential material and database theft, freezing injunctions and asset recovery, banking and financial services, insolvency and professional negligence claims (including claims arising out of construction disputes and sale and leasing of land and financial investments).

He is acclaimed in Chambers & Partners and the Legal 500 for chancery and commercial disputes, particularly involving Banking and Financial Services and especially involving financial mis-selling of regulated and unregulated investment products, mortgages and pension products (such as group actions involving Keydata, Arch Cru, Sterling Mortimer and Harlequin). Also, asset recovery both for and against banks; some of which claims have involved judicial review applications and Group Litigation Orders and cross-border claims.

Andrew is frequently instructed on matters involving cross-border enforcement of judgments and freezing, proprietary and anti-suit injunctions and is an experienced mediator and an arbitrator, regularly instructed in cases involving international arbitration and mediation or expert determination.

His recent cases have involved:

The scope of fiduciary and director’s duties in joint venture agreements [Miller v Stonier [2015] EWHC 2796 (Ch)]

Misfeasance and wrongful trading claims against company directors [Power v Hodges [2016] BPIR 162]

Acting for the bank in a claim relating to duties of disclosure on a without notice freezing injunction [Cole v National Westminster Bank [2014] EWHC 992 (Ch)]

The interface between regulatory duties and enforceability of contracts under FSMA 2000 [Personal Touch Financial Services Ltd v Simplysure Ltd [2016] EWCA Civ 461]

The extent of an “all monies” guarantee [National Merchant Buying Society v Bellamy [2013] EWCA Civ 452]

Collateral warranties [Thinc Group v Armstrong [2012] EWCA Civ 1127] and

Penalties in contempt proceedings for breaching freezing injunctions [Thursfield v Thursfield [2013] EWCA Civ 840].

Alternative Dispute Resolution

Andrew is an experienced mediator and arbitrator who is regularly instructed in cases involving international arbitration and mediation or other forms of alternative dispute resolution, such as expert determination.

He has a commercial chancery-based business law practice, specialising particularly in disputes relating to the interpretation or breach of most types of commercial contract, personal guarantees, mortgage and trust deeds and joint venture agreements, claims for breach of trust, fiduciary duty and directors’ duties. Also, cases involving commercial fraud including breach of restrictive covenants and trade secrets/confidential material and database theft, freezing injunctions and asset recovery, banking and financial services, and professional negligence claims (including claims arising out of construction disputes and sale and leasing of land and financial investments).

Andrew is frequently instructed on matters involving cross-border enforcement of judgments and anti-suit injunctions.

He has been instructed on various cases involving mis-selling of financial investments and pension products (such as group actions involving Keydata, Arch Cru, Sterling Mortimer and Harlequin); some of which have involved judicial review applications and Group Litigation Orders and cross-border claims.

He was instructed on the judicial review of the Financial Services Compensation Scheme’s decision to levy £32 million on independent financial advisers, which is reported as R (on the application of ABS Financial Planning Ltd and others) v Financial Services Compensation Scheme Ltd reported at [2012] 2 BCLC 267 and more recently in a judicial review claim against the Financial Ombudsman Service in relation to a decision to decline jurisdiction in a pension review claim.

In addition, Andrew is highly experienced in disputes involving intellectual property rights and copyright  – between financial advisers on the breakdown of joint ventures, relating to the ownership of clients and trail and renewal commissions.

Frequently, Andrew is instructed on contested disclosure applications, involving trusts and offshore accounts [Thursfield v Thursfield [2012] EWHC 3742 (Ch), which involved a contested application for a North Shore Ventures Order relating to a Bahamian trust].

Andrew’s recent cases have involved the High Court considering the scope of fiduciary and director’s duties in joint venture agreements to each other as well as the JV company [Miller v Stonier [2015] EWHC 2796 (Ch)] and misfeasance and wrongful trading claims against company directors [Power v Hodges [2016] BPIR 162].

Andrew acted for the bank in a claim relating to duties of disclosure on a without notice freezing injunction [Cole v National Westminster Bank [2014] EWHC 992 (Ch)] and the interface between regulatory duties and enforceability of contracts under sections 19 and 26 of FSMA 2000 on Regulated Mortgage Contracts [Personal Touch Financial Services Ltd v Simplysure Ltd [2016] EWCA Civ 461] and in the Court of Appeal providing guidance on the extent of an “all monies” guarantee [National Merchant Buying Society v Bellamy [2013] EWCA Civ 452] and collateral warranties [Thinc Group v Armstrong [2012] EWCA Civ 1127] and penalties in contempt proceedings for breach freezing injunctions [Thursfield v Thursfield [2013] EWCA Civ 840].

In addition, Andrew acted in the Gibraltar Supreme Court in relation to a claim on a personal guarantee for 8.5M euros.

Andrew has recently acted as a mediator in the following cases:

  • A claim for breach of restraint of trade provisions contained within a share sale agreement and where Chancery Proceedings had been issued seeking to recover £700,000 in damages, which settled at the mediation.
  • A disputed claim for dilapidations, involving expert involvement by surveyors, relating to commercial premises in the sum of £600,000, which settled at mediation.
  • A mis-selling claim relating to asset finance agreements relating to photocopiers involving an Academy school and third party funders.
  • An inheritance claim involving various family members which had been ongoing for over 15 years and of which a week-long High Court trial was listed for hearing.
  • A claim for £2,771,013 arising out of alleged breaches of a Share Purchase Agreement.
  • A mis-selling claim relating to 100% of a portfolio being invested in gold and involving disputed interpretations of a Fina Metrica Questionnaire as to risk.
  • A three party dispute involving an alleged wrongful dismissal involving a disability discrimination element by a former employee against his employer and their insurers.
  • A claim for damages of £230,000 for malicious prosecution and misfeasance in public office arising from a failed prosecution, which was stayed for want of prosecution, brought under the Animals By-Products Regulations 2005.
  • A disputed probate claim involving three separate parties.

Andrew not only practises as a mediator but is regularly instructed to act as an advocate for parties at mediations.

Banking

Andrew has a reputation for being a leading junior in banking and financial services. With a practice that is commercial chancery-based, he specialises in disputes relating to the interpretation or breach of most types of commercial contracts, personal guarantees, mortgage and trust deeds and joint venture agreements, claims for breach of trust, fiduciary duty and directors’ duties and cases involving commercial fraud including freezing injunctions and asset recovery, both for an against banks.

Andrew is frequently instructed on matters involving cross-border enforcement of judgments and anti-suit injunctions. Frequently, such claims give rise to issues of insolvency and claims for misfeasance and preferences arise, such as in Power v Hodges [2015] EWHC 2983 (Ch).

He has been instructed on various cases involving miss-selling of financial investments and pension products (such as group actions involving Keydata, Arch Cru, Sterling Mortimer and Harlequin); some of which have involved judicial review applications and Group Litigation Orders and cross-border claims.

Andrew was instructed on the judicial review of the Financial Services Compensation Scheme’s decision to levy £32 million on independent financial advisers, which is reported as R (on the application of ABS Financial Planning Ltd and others) v Financial Services Compensation Scheme Ltd reported at [2012] 2 BCLC 267 and more recently, in a claim against the Financial Ombudsman Service in relation to a decision to decline jurisdiction in a pension review claim.

His recent cases have involved the High Court considering the scope of fiduciary and director’s duties in joint venture agreements to each other as well as the JV company [Miller v Stonier [2015] EWHC 2796 (Ch)] and misfeasance and wrongful trading claims against company directors [Power v Hodges [2016] BPIR 162], acting for the bank in a claim relating to duties of disclosure on a without notice freezing injunction [Cole v National Westminster Bank [2014] EWHC 992 (Ch)] and the interface between regulatory duties and enforceability of contracts under sections 19 and 26 of FSMA 2000 on Regulated Mortgage Contracts [Personal Touch Financial Services Ltd v Simplysure Ltd [2016] EWCA Civ 461].

Also in the Court of Appeal which provided guidance on the extent of an “all monies” guarantee [National Merchant Buying Society v Bellamy [2013] EWCA Civ 452] and collateral warranties [Thinc Group v Armstrong [2012] EWCA Civ 1127] and penalties in contempt proceedings for breach freezing injunctions [Thursfield v Thursfield [2013] EWCA Civ 840]. In addition, in 2014, Andrew acted in the Gibraltar Supreme Court before Jack J. in relation to a claim on a personal guarantee for 8.5M euros.

Andrew is also an experienced mediator and arbitrator who is regularly instructed in cases involving international arbitration and mediation or other forms of alternative dispute resolution, such as expert determination.

Commercial & Chancery

Andrew has a commercial chancery-based business law practice, specialising particularly in disputes relating to the interpretation or breach of most types of commercial contract, personal guarantees, mortgage and trust deeds and joint venture agreements, claims for breach of trust, fiduciary duty and directors’ duties and cases involving commercial fraud including breach of restrictive covenants and trade secrets/confidential material and database theft, freezing injunctions and asset recovery, banking and financial services, and professional negligence claims (including claims arising out of construction disputes and sale and leasing of land and financial investments).

Andrew is frequently instructed on matters involving cross-border enforcement of judgments and anti-suit injunctions.

He has been instructed on various cases involving mis-selling of financial investments and pension products (such as group actions involving Keydata, Arch Cru, Sterling Mortimer and Harlequin); some of which have involved judicial review applications and Group Litigation Orders and cross-border claims. Andrew was instructed on the judicial review of the Financial Services Compensation Scheme’s decision to levy £32 million on independent financial advisers, which is reported as R (on the application of ABS Financial Planning Ltd and others) v Financial Services Compensation Scheme Ltd reported at [2012] 2 BCLC 267 and more recently in a claim against the Financial Ombudsman Service in relation to a decision to decline jurisdiction in a pension review claim.

In addition, Andrew is very experienced in disputes involving intellectual property rights and copyright disputes as between commercial co-adventurers, such as financial advisers, on the breakdown of joint ventures, relating to clients and trail and renewal commissions.

Frequently, Andrew is instructed on contested disclosure applications, involving trusts and offshore accounts [Thursfield v Thursfield [2012] EWHC 3742 (Ch), which involved a contested application for a North Shore Ventures Order relating to a Bahamian trust].

Recent cases have involved the High Court considering the scope of fiduciary and director’s duties in joint venture agreements to each other as well as the JV company [Miller v Stonier [2015] EWHC 2796 (Ch)] and misfeasance and wrongful trading claims against company directors [Power v Hodges [2016] BPIR 162], acting for the bank in a claim relating to duties of disclosure on a without notice freezing injunction [Cole v National Westminster Bank [2014] EWHC 992 (Ch)] and the interface between regulatory duties and enforceability of contracts under sections 19 and 26 of FSMA 2000 on Regulated Mortgage Contracts [Personal Touch Financial Services Ltd v Simplysure Ltd [2016] EWCA Civ 461].

Also in the Court of Appeal providing guidance on the extent of an “all monies” guarantee [National Merchant Buying Society v Bellamy [2013] EWCA Civ 452] and collateral warranties [Thinc Group v Armstrong [2012] EWCA Civ 1127] and penalties in contempt proceedings for breach freezing injunctions [Thursfield v Thursfield [2013] EWCA Civ 840].

In addition, Andrew acted in the Gibraltar Supreme Court in relation to a claim on a personal guarantee for 8.5M euros.

Andrew is also an experienced mediator and arbitrator who is regularly instructed in cases involving international arbitration and mediation or other forms of alternative dispute resolution, such as expert determination. He is currently instructed in a £13million claim for deceit and conspiracy to defraud a FTSE 100 company which involves a freezing and search and seize injunction.

Recently, Andrew has been variously described in the legal directories as:

“…Recognised for his commercial chancery litigation work, which covers issues relating to mortgages, fiduciary obligation, breach of trust and negligence … He is extremely good with clients … Successfully acted [in the Court of Appeal] for the National Merchant Buying Society in a case where a former company director was found to be liable under a personal guarantee made to a creditor in relation to debts due by the company.” and

Has a complex caseload with a focus on finance and contract disputes. He is particularly praised for his abilities in managing clients … He has an affable manner, both in advocacy and in conferences … He was instructed to act for a defendant in a claim brought by two former shareholders for £1.5 million each.” and “… accomplished in areas of chancery work, including commercial disputes. He is frequently instructed on cases with cross-border elements…” and

Noted for his financial services expertise. He also has a well-regarded chancery practice … He builds up a good rapport and works well with clients.” “He is proactive in helping to drive matters forward.” “Andrew Maguire picks things up quickly” and is “a reliable source of sensible commercial advice.”

Instructing solicitors say “he’s very good at weighing up the pros and cons for the client’s business.” “Maguire was recently involved in a complex EUR3.5 million distribution rights dispute between Portuguese automotive supplier Sunviauto, French parent company Faurecia and its Midlands-based British subsidiary.”

Financial Services

Andrew is an acknowledged expert in financial services disputes and has a well-established nationwide practice and regularly lectures and writes articles on these subjects.

Over the last decade, he has been involved in a great many financial services disputes, a large number involving multiple claimants and defendants, and a significant number of financial mis-selling claims, most recently involving, for example, Arch Cru, Keydata, Alpha Panareti, Sterling Mortimer and Harlequin. Andrew is currently and has previously been involved in a large number of Swaps mis-selling cases; some of which are raising arguments based on the Libor scandal.

He also has wide experience of acting both for and against financial advisers and authorised networks, especially involving claims relating to issues on the break-up of commercial relationships involving the ownership of client databases and trail and renewal commissions and allegations of the wrongful taking of and interference with confidential material and databases.

Andrew’s recent cases include the following:

A judicial review of the Financial Services Compensation Scheme’s decision to levy £32 million on independent financial advisers, which is reported as R (on the application of ABS Financial Planning Ltd and others) v Financial Services Compensation Scheme Ltd reported at [2012] 2 BCLC 267.

A successful claim on personal guarantees which defeated defences based on the rule in Holme v Brunskill, before the High Court in London, reported as National Merchant Buying Society Ltd v Bellamy and Another [2012] All ER (D) 325 (Jul).

Acting alone, Andrew successfully argued that the decision ought to be upheld in the Court of Appeal, reported at [2013] EWCA Civ 452; [2013] 2 All ER (Comm) 674.

A successful defence of a claim by a claimant financial services company which was held unable to recover an introductory payment made to the defendants when they were recruited as financial advisers, because it had given a collateral warranty that it would not be entitled to demand repayment if it terminated their contracts by notice or otherwise within three years of the payment.
Reported as Thinc Group v Armstrong [2011] EWHC 3152 (QB); upheld on appeal and reported at [2012] EWCA Civ 1227.

Andrew recently acted for David Thursfield in the defence of a claim for a North Shores Ventures Order relating to a Bahamian trust, reported as Thursfield v Thursfield [2012] EWHC 3742 (Ch); [2013] All ER (D) 56 (Jan) and acting alone in an appeal to the Court of Appeal against his sentence of two years’ imprisonment imposed for contempt of court in failing to provide sufficient answers pursuant to an order made in a freezing injunction, reported as Thursfield v Thursfield [2013] EWCA Civ 840; [2013] C. P. Rep. 44, in which Andrew was praised by Lloyd LJ for his “… able submissions, both written and oral.”

Acting for the respondent in a summary judgment claim for €8 Million in the Gibraltar Supreme Court before Jack J.

Law In Sport

Andrew has a commercial chancery-based business law practice, specialising particularly in disputes relating to the interpretation or breach of most types of commercial contract.

Recent cases have included the following:

Acting for an IFA being sued by a premiership and England footballer for alleged mis-selling of financial investments.

[Stan Collymore v Mark Francis & Others [2008] Gloster J, a claim for damages of £1.5million]

Acting for a premiership and England footballer in a contested contractual dispute.

Acting for the ousted chairman and some directors of a non-league football club seeking to stop by injunction an administration process taking place.

Acting against a former Premiership club director in a dispute referred to arbitration.

Andrew is very familiar with the content of Rugby Union contracts for players and coaches.

Professional Negligence

Andrew has a busy professional negligence law practice, specialising particularly in disputes involving financial advisers, solicitors, surveyors and other construction professionals, including claims arising out of construction disputes and sale and leasing of land and the mis-selling of financial investments.

Pensions & Trusts

Andrew is regularly instructed in matters concerning breach of trust and fiduciary duties and joint ventures and disputes between company directors and co-adventurers involving claims for breach of fiduciary and directors’ duties.

Recently reported cases include Miller v Stonier [2015] EWHC 2796 (Ch), which involved allegations that a company director owed a fiduciary duty to his business partner (as opposed to the joint venture company), Newey J held that the case had none of the particular and special features necessary for fiduciary duties to arise between commercial co-venturers and Power v Hodges [2016] BPIR 162 in which misfeasance and wrongful trading claims and a contested committal for contempt made against company directors by a Liquidator for £9.5M.

Recent pensions work has included a judicial review application against the Financial Ombudsman Service in relation to a decision to decline jurisdiction in a pension review claim and Andrew has been instructed on various cases involving mis-selling of pension products.

Frequently, Andrew is instructed on contested disclosure applications, involving trusts and offshore accounts, such as Thursfield v Thursfield [2012] EWHC 3742 (Ch), which involved a contested application for a North Shore Ventures Order relating to a Bahamian trust.

Appointments & Memberships

  • Gibraltar Bar (2014)
  • Northern Ireland Bar (2011)
  • Speaker on Bar Council Business Development Trip to Beijing and Tianjin, China (2011)
  • Mentor on Lord Chancellor’s Training Scheme for Chinese Lawyers (2010)
  • Inner Temple Pegasus Scholar (Bermuda and USA)
  • Accredited Commercial Mediator
  • Chancery Bar Association
  • Chartered Institute of Arbitrators
  • Commercial Law Bar Association
  • Financial Services Lawyers Association

Areas of Law


Recommendations


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Testimonials


“He’s got an exceptionally good way with lay clients. He’s quite fearless and commercially very realistic.” Chancery, Chambers & Partners 2017

“One of the most people-friendly and commercially aware barristers out there. His ability to communicate at any level sets him apart. Attentive and responsive with clients: he always adds value.” Commercial Dispute Resolution, Chambers & Partners 2017

“…A respected senior junior with a strong commercial chancery practice. He is commonly instructed in disputes relating to mortgages, fiduciary obligations, negligence and breach of trust.” “He’s very good with clients and always willing to go the extra mile.”
Chancery, Chambers UK Bar Guide 2016

“Noted for his strength in representing clients in the financial services sector. His practice encompasses property and professional negligence litigation, as well as cases concerning breach of trust and breach of fiduciary duty.” “A passionate and very intelligent advocate who is tactically astute and really gets behind your case. He’s very personable and extremely good with clients.”
Commercial Dispute Resolution, Chambers UK Bar Guide 2016

“Committed advocate who reads a situation well.”
Commercial, Banking and Insolvency, Legal 500 2016

 

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