The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Exchange Chambers

Chambers of Bill Braithwaite QC

ONE DERBY SQUARE, LIVERPOOL, L2 9XX, ENGLAND
Tel:
Work 0151 236 7747
Fax:
Fax 0151 236 3433
DX:
14207 LIVERPOOL
Email:
Web:
www.exchangechambers.co.uk
Leeds, Liverpool, Manchester
Exchange Chambers (Chambers of Bill Braithwaite QC), Andrew Maguire, Liverpool, ENGLAND

Andrew Maguire

Tel:
Work 0845 300 7747
Email:
Web:
www.exchangechambers.co.uk/people/andrew-maguire/
Exchange Chambers (Chambers of Bill Braithwaite QC)

Work Department

Commercial

Position

Andrew has a reputation for being a leading junior in banking and financial services, and his practice is commercial-chancery based. He specialises 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 freezing injunctions and asset recovery, both for and against banks.

Andrew is frequently instructed on various cases involving cross-border enforcement of judgements and anti-suit injunctions. These include the mis-selling, disintermediating or upselling 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 of the Financial Services Compensation Scheme’s decision to levy £32million on independent financial advisers, which is reported as R (on the application of ABS Financial Planning Ltd and others) 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.

Andrew also has extensive experience in disputes involving intellectual property rights and copyright as between financial advisers on the breakdown of joint ventures, relating to the ownership of clients, and trail and renewal commissions. Andrew is frequently 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 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.

 

Sports law is another area of Andrew’s expertise, and he has recently acted in disputes such as 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 £1.5 million] Andrew also acted for a premiership and England footballer in a contested contractual dispute, and for the ousted chairman and some directors of a non-league football club seeking to stop by injunction an administration process taking place.

Andrew’s practice also involves 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 £9.5million.

Recent cases have involved the High Court considering the scope of fiduciary and director’s duties in join venture agreements to each other as well as the JV company [Miller v Stonier [2015] EWHC 2796 (Ch)], acting for the bank in a claim relation 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 [see appeal at Personal Touch Financial Services Ltd v Simplysure Ltd [2016] EWCA Civ 461] and 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, such as Hewlett Packard Enterprises v Peter Sage [2017] EWHC 66, at [13] where Jay J. praised Andrew for his “measured and realistic submissions”]. In addition, in 2014, Andrew acted in the Gibraltar Supreme Court before Jack J. in relation to a claim on a personal guarantee for 8.5 million euros.

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

Career

Called 1988; Accredited Commercial Mediator; Chartered Institute of Arbitrators

Member

Chancery Bar Association; Commercial Law Bar Association; Financial Services Lawyers Association; 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).

Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to