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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].

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.

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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