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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].

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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