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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.

Appointments & Memberships

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

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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