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Andrew Spink QC

Andrew Spink QC

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Year of Call:

1985

Silk:

2003


Andrew Spink QC is a highly respected advocate with 30 years’ experience at the Bar, of which 14 years have been as a successful QC.

Andrew has a broad-based business law practice, specialising particularly in disputes relating to the interpretation or breach of most types of commercial contract and trust deed, claims for breach of fiduciary duty, freezing injunctions and asset recovery, CPR Part 8 claims as well as hostile CPR Part 7 claims for damages and other relief in the context of pensions and other commercial trusts, banking and financial services, and professional negligence claims. As well as appearing as an advocate, he is highly sought after for the provision of expert technical and strategic advice to clients both in relation to complex commercial civil disputes and in non-contentious situations (corporate mergers or takeovers, or in relation to the many issues arising in the administration of large occupational pension schemes, including dealing with the UK Pensions Regulator, advising on pensions issues in the area of corporate insolvency, or over issues of contractual interpretation in day-to-day commercial business life).

Andrew is also experienced in cases involving mediation or other forms of alternative dispute resolution, together with regulatory cases in front of the Determinations Panel of the Pensions Regulator and the Upper Tribunal (Tax and Chancery Chamber). This is a relatively new and fast-developing pensions jurisdiction where Andrew has been involved in several of the most significant recent cases. Andrew’s clients include individuals, partnerships, companies (including financial institutions), pension scheme trustees / employers / members, Government departments, and participants in multiparty group actions.

Andrew is ranked in the top tier (Band 1) for Pensions in Chambers & Partners, which also notes that “He is an extremely well-respected silk, winning glowing praise from market sources for his exceptional advocacy skills and client-focused approach”.

Over the years, Andrew has been variously described in the legal directories as “terrifyingly good in court”, “highly valued”, “seriously good”, “reliable, commercial and pragmatic” and “very personable and down to earth.” “[He is] Terrifyingly good and incisive” and “He has a very good client manner; he puts clients at ease and always seems in control.”   The Legal 500 adds that he is “definitely someone you want on your side…he has extensive expertise and is a real pleasure to work with.”

Andrew is joint head of Outer Temple Chambers and Head of the Business Department.

Banking

Banking & Financial Services – Cases

Philips Pension Trustees Limited & Philips Electronics UK Limited v AON Hewitt & AllianceBernstein (2011- ongoing)

Claims by the employer and trustees of one of the biggest UK pension schemes against the scheme’s former investment strategy consultants (one of the UK’s biggest) and one of its fund managers, arising out of the scheme’s investment in 2007 of £2 billion of trust assets in credit default swaps and £500 million in US sub-prime mortgage backed assets, which caused the scheme massive losses during the Credit Crunch. The issues include the risks inherent in and the market perception of the financial products, and an important and untested issue as to whether or not the scheme’s investment strategy consultant was an authorised person carrying on regulated activities for the purposes FSMA 2000.

Warners Retail Ltd -v- National Westiminster Bank and Barclays Bank (2014)

Action against bank for misselling of interest rate hedging products to a company in 2006 and 2007, in this case bank cancellable swaps, in relation to the selling of which the bank owed a statutory duty to observe FSA conduct of business rules. The swaps were entered into to hedge loans made by the bank to the company. Issues arose as to the suitability of the swaps for the customer, the relevant standard of practice in the banking industry at the time, causation and quantum, and as to the appropriateness and need for expert evidence.

Axa Sun Life v Ideal Financial Planning & ors (2011) [2011] EWCA Civ 133

Court of Appeal decision in case involving issues of contractual estoppel, various contractual construction issues including the scope of an “entire agreement” clause, a “conclusive evidence” evidence clause and an exclusion clause, misrepresentation, whether an exclusion clause fell within the scope of the Unfair Contract Terms Act 1977 and, if it did, whether it was reasonable for the appellant to rely on it. All issues arose in relation to the appellant’s standard form agreement under which it appointed the various respondents to act as its representatives to sell investments and other products on its behalf.

Various Claimants v Various Banks (2009-10)

Advised in relation to allegations of negligence, breach of contract and statutory and fiduciary duty made against the financial services/wealth management departments of a number of banks by a group of investors whose assets were invested on their behalf by or on the advice of those banks in the collapsed AIG Enhanced Variable Rate Fund marketed as an alternative to a cash deposit account.

Equitable Life (2007)

Advised in 2007 in relation to the group action brought by several hundred investors against Equitable Life involving allegations of mis-selling of with-profit pension annuities.

 

Banking & Financial Services – Advisory Work

New workplace savings pension vehicle (2015 – ongoing)

Advising on technical issues arising under the pensions legislation (in particular the scope of the definition of “occupational pension scheme”) in the context of the development of a proposed new financial product.

P Trust v M Financial Services Ltd (2010)

Advising a network of IFAs  authorised and regulated by the FSA under FSMA 2000  on a claim arising out of loan-backed purchases by sophisticated investors of portfolios of traded endowment policies in the context of a Final Notice having been issued against the product provider. Issues included whether there had been breaches of fiduciary duty in relation to commission, non-disclosure and unsuitability of the product and date of crystallisation of loss and quantum.

A v B (2010)

Advising in relation to a proposed claim arising out of advice given by an IFA to a high-earning senior academic member of a fully funded final salary pension scheme to leave the pension scheme and invest the transfer value in a SIPP.

Appointments & Memberships

As of July 2017, Andrew is the new Chair of the Commercial Bar Association (COMBAR), having previously served as COMBAR’s Vice Chair as well as Chair of its International Committee, which is responsible for coordinating the Association’s activities in all non-UK jurisdictions.

Before that, Andrew was Chair of COMBAR’s North American Committee and organised the annual North American Meetings for 2012 and 2013.

Internationally, Andrew is a registered advocate at the Dubai International Financial Centre.

In the UK, he sits as a Deputy High Court Judge in both the Chancery and Queen’s Bench Divisions and has been a Civil Recorder since 2005. He was appointed a Deputy High Court Judge in the QBD in 2008 and the Chancery Division in 2011.

Andrew was elected as a Bencher of the Middle Temple in 2010.

He is joint head of Outer Temple Chambers and Head of the Business Department.

Awards

Andrew has been a Civil Recorder since 2005 and was appointed a Deputy High Court Judge in the QBD in 2008 and in the Chancery Division in 2011. He was elected as a Bencher of the Middle Temple in 2010.

Languages

  • French

Areas of Law


Recommendations


badgeTop_tier_firms Andrew Spink QC Accreditations

 

Testimonials


“Masters very technical briefs quickly.” Professional Negligence, Legal 500 2017

“A powerful advocate, who has the ear of the court and can be relied on in an emergency.” Pensions, Legal 500 2017

“Any opinion of his carries weight with the other side.” Pensions, Chambers & Partners 2017

“He takes everything into account, thinks outside the box and thinks commercially.” Pensions, Chambers & Partners 2017

“A leader in the field.” Pensions, Legal 500 2016

“He has a very measured type of approach and he is very thorough.” Pensions, Chambers & Partners 2016

“A superb thinker who processes all of the arguments and delivers first-rate analysis.” Pensions, Chambers & Partners 2016

“An excellent barrister who comes up with well-considered, persuasive answers. A good man to use in practice and not just academically. He has the ability to convey incredibly difficult matters clearly, and is terrifyingly good. He is tactically brilliant and is an exceptionally good all-rounder.” Pensions, Chambers & Partners 2015

“Great with clients and as an advocate.” Pensions, Legal 500 2015

“Terrifyingly good and incisive.” “He has a very good client manner; he puts clients at ease and always seems in control.” Pensions, Chambers & Partners 2014

“He has brilliant commercial instincts and extraordinary attention to detail.” Pensions, Legal 500 2014

“Extremely easy to work with, responsive, hard-working and a lawyer who understands the issues clients face.” Noted for having “one of the best attitudes to client service at the Bar”, he received glowing praise from instructing solicitors across the country, who were taken with his “commercial and robust” advice. Pensions, Chambers & Partners, 2013

Andrew Spink QC is “terrifyingly good in court.” Pensions, Legal 500 2013

Andrew Spink QC has demonstrated that “he can mix it with the best, and do so with an easy, commercial manner.” Pensions, Chambers & Partners 2012

Andrew Spink QC demonstrates “great leadership and tactical nous.” Pensions, Legal 500 2012

“Highly regarded as someone who is “not only strong technically, but is also very hands-on and practical.” Especially good when in court, “he has an impressive portfolio of cases.” Pensions, Chambers & Partners 2011

“Definitely someone you want on your side”, “he has extensive expertise and is a real pleasure to work with.” Pensions, Legal 500 2011

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