Practice Area CVs:

Andrew Latimer


 

Year of Call: 1995


Practice:

Commercial litigation
Shareholders remedies
Directors duties
Partnership
Breach of trust and fiduciary duties
Tracing and constructive trusteeship
Covenants in restraint of trade
Confidential information
Passing off
Bankruptcy and corporate insolvency
Commercial property (including mortgages and LPA receiverships)
Applications under the Electronic Communications Code
Professional negligence arising out of these areas.

Profile:

Andrew Latimer has an extensive commercial litigation and Chancery practice and in the last three years he has appeared in the Chancery Division and defeated claims for passing off, misuse of confidential information and economic torts and succeeded on an unfair prejudice petition, he appeared in the Leasehold Valuation Tribunal in a case concerning the recovery of over £600,000 worth of service charges, he appeared in the Queen's Bench Division and defeated a £250,000 claim arising from a disputed oral agreement for the sale of a business and appeared in the Technology and Construction Court defending a claim for £1.6m for faulty industrial equipment. During 2010-2012 he was led by Lesley Anderson QC in a minority shareholders petition which settled after 8 weeks of trial.

He had a pedigree bull names after him, Deveron Latimer, in the course of a case concerning the extent to which damages could be recovered for economic loss caused by negligence.

He has been a contributor to Sweet & Maxwell's loose-leaf "Commercial Litigation: Pre-emptive Remedies" since 2003 and edits the chapters on summary judgment and default judgments. The English edition is published in loose-leaf format and updated twice a year and the second International Edition was published in hardback in 2011.

He is currently writing a chapter for the second edition of Louis Doyle's book "Insolvency Litigation" which will be published in hardback in 2013-14.

He also speaks regularly to practitioners on developments in the law relating to commercial and Chancery litigation.

  • Section 122(1)(g) IA 1986: just and equitable winding up (Kings Chambers Conference 2014: Shareholders Remedies) 
  • Summary Remedies in Commercial Cases (with Eleanor d'Arcy, talks given in Leeds and Manchester, 2012)
  • Jordans Corporate Insolvency Seminar: Landlord and Tenant Insolvency (London, 2011)
  • Jordans Corporate Insolvency Seminar: Recent Developments in Corporate Insolvency (Manchester, 2010)
  • Real Property and Insolvency (with Mark Halliwell, talks given in Manchester, Leeds and Newcastle) (2009)
  • Witness Familiarization (with Louis Doyle) (2009)
  • Impact of Cobbe v Yeoman's Row on Proprietary Estoppel (2009
  • Privilege and Disclosure of Experts Reports (2008)
  • Missing Money: Interim Remedies, Final Judgments and Transactions to Defraud Creditors (2007)
  • Orders for Pre-Action Disclosure (2006-7)
  • Constructive Trusts and Equitable Remedies (2004)
  • Developments since the CPR in Summary Judgment Security for Costs (2004),
  • The Proceeds of Crime Act 2002 and Money Laundering Regulations (with Michael Booth QC) (2004),
  • Voidable Contracts, Interim Applications and Damages (2001)
  • Interim Injunctions (2000) 

 Significant Cases:

Maresca v Brookfield Development and Construction Ltd [2013] EWHC 3151 (Norris J, defeated unfair prejudice petition and the court gave guidance on the relationship between unfair prejudice petitions and the 'just and equitable' ground for winding up in the light of section 125(2) of the Insolvency Act 1986).

Linfoot v Adamson [2012] BPIR 1033 (HHJ Behrens QC, challenge to decision of supervisor under s.263 of the Insolvency Act 1986 and whether s.303 IA 1986 could be used to cut down the scope of the challenge)

R v H (advising on contractual aspects of the Trade in Goods (Control) Order 2003 regarding UK licensing of arms dealing)

Re a company (led by Lesley Anderson QC in a minority shareholders petition with 13 days of interim hearings, 4 written judgments on interim applications and a trial expected to last 12 weeks. The case settled in early 2012 after 8 weeks in court)

Eskape v Route [2011] EWHC 1635 (HHJ Hodge QC, 15 day trial in the Chancery Division concerning allegations of breaches of directors duties, passing off, misuse of confidential information and economic torts and a cross claim for minority shareholders prejudice and/or just and equitable winding up)

 McCain Foods (GB) Ltd v Eco-tec (|Europe) Ltd [2011] EWHC 66 (London TCC) (9 day trial in the TCC regarding industrial equipment for removal of hydrogen sulphide from biogas)

Places for People Ltd v Ribble Heights Residents Association (MAN/30UK/LSC/2008/0074, 18.1.11) (Manchester Leasehold Valuation Tribunal, 8 day hearing concerning service charges and successfully opposed paper application for permission to appeal to the Upper Tribunal)

Quellen v Amplitude, (unreported 26.2.10) (Queen's Bench Division, Leeds District Registry, defeated a claim for £250,000 based on an alleged oral agreement)

Hitachi Capital (UK) plc v V12 Finance Limited & Davies [2009] EWHC 2432 (Comm) (Commercial Court, application for third party costs order under s.51 of Supreme Court Act 1981)

ICI Chemicals & Polymers Ltd v TTE Training Ltd [2007] EWCA Civ 725 (CA, summary judgment for Defendant on construction of deed defeated £300k claim).

R&M Stansfield Enterprises Ltd v AXA Insurance UK plc [2006] EWCA CiV 881 (CA, calculation of loss of profits and mitigation of loss in complicated assessment of damages)

Thane Investments Ltd v Tomlinson [2007] 1 P&CR DG3, [2006] EWHC 1182 (Hart J, forgery does not render lease void)

The Anglo-Eastern Trust v Kermanshahchi [2003] BPIR 1229 (Hart J, trial of £1.4m claim for repayment of loan monies and proceedings under s.423 of Insolvency Act 1986 to recover property transferred by Defendant to his wife before delivery of judgment in summary judgment application)

South Coast Investments Ltd v Axisa [2002] ALL ER (D) 123 (Jacob J, power of court to change judgment before order is perfected-judgment had been delivered 2 years previously)

The Anglo-Eastern Trust Ltd v Kermanshahchi (No.2), Times, 8.11.02 (Park J, partly does not require permission of the court to add penal notice to order)

The Anglo-Eastern Trust Ltd v Kermanshahchi [2002] EWCA Civ 198 (CA, impecuniousity and a conditional order of £1m, effect of EWCA art.6 on conditional orders and practice to be adopted when conditional orders sought as alternative to summary judgment). 

Lunnun v Singh, Times, 19.7.99 (CA, extent to which causation and contributory negligence can be disputed on assessment of damages following default judgment).

R v Council for Legal Education, ex p Nightingale, Latimer and Toms, Times, 5.5.94 (Judge J, application for judicial review of admission criteria for Bar School after authorities had seceded that First Class law degree from Oxford was insufficient evidence of academic merit.)

Recommendations:

Legal 500 2014: Andrew Latimer is "a silk in the making".

Recommended for Commercial Litigation/Commercial Dispute Resolution by Chambers UK every year since 2002:

"He is excellent on his feet, has outstanding technical knowledge and is very approachable." "He is a very robust advocate with a unique and impressive sense of humour." (2014)

"...measured and powerful advocate who times his attacks very carefully to maximum effect. "Documents he drafts "prick any bubble of pomposity the other side has in a marvellous way" and his cross-examination is joyous" to behold. He is instructed in a marvellous way" and his cross-examination is joyous" to behold. He is instructed in a variety of commercial disputes and his recent work includes advising clients on freezing orders, breach of directors' duties and misrepresentations claims." (2013)

 "...is highly rated by sources as "a pleasure to deal with" and as an advocate with "a lot of determination and gumption." He carries significant weight thanks to his broad commercial litigation practice and understanding of property-related disputes. he recently acted for BT Legal Services before the TCC in a case relating to the rights of telecommunications providers." (2012)

"Andrew Latimer (is) the "perfect junior" who is especially noted for his "thorough and pithy written work which always hits the right note." Andrew Latimer enjoys a formidable reputation amongst clients and peers for his commercial dispute and insolvency-focused practice. Sources say he is a "charming advocate, outstanding intellectually and very good with clients." (2011)

"Andrew Latimer is visible in both the Northern and North Eastern circuits, acting in a range of significant chancery and commercial cases. He moves up a band in this year's rankings as a result of staunch praise for his "prodigious work rate" and immense knowledge of commercial law." (2010)

and

"Andrew Latimer is renowned for his immense knowledge of commercial law. He is also highlighted as "incredibly hard-working and industrious lawyer" and is highly reputed for his work in heavyweight chancery and commercial cases."

"A junior of 'remarkable quality, confidence and intellect,' Andrew Latimer is particularly impressive in complex cases." (2009)

" 'Experienced well beyond his call year' Andrew Latimer regularly acts in appeals without a leader. He recently acted in ICI Chemicals & Polymers Ltd v TTE Training Ltd, and was successful in getting the claim dismissed." (2009)

"Ferociously bright" (2008)

"A perennial favourite of clients Andrew Latimer 'picks up facts easily and is not afraid to voice his opinion on the prospects of success in a case'. " (2008)

"Andrew Latimer is another popular choice amongst solicitors, who appreciate his determined advocacy and intelligence in selling a point. Such faith in his abilities has led to appearances in the Court of Appeal on several occasions." (2007)

"Andrew Latimer's star continues in ascendance in both Manchester and Leeds, with solicitors lauding an approach to litigation that "merges the cerebral with the commercial." (2006)

"...Andrew Latimer who peers deem "a star of the future" (2003-4)

"...Andrew Latimer whose "quiet but devastating advocacy" has impressed peers and clients alike." (2002-3.

Recommended for Chancery by Chambers UK every year since 2007:

"He is an amazingly skilful cross-examiner. He never shows any emotion, is courteous to a fault and never rises to bait." "He has a laid-back approach which can be absolutely invaluable - he keeps things in perspective. He is vicious and withering in written arguments, but his manner remains laid-back and affable." (2014)

"Sources praise Andrew Latimer's advocacy , and say: "If you need a scrap in court, he's the best." (2013)

"Andrew Latimer is seen as a "definite rising star" in the Northern chancery firmament and is correspondingly busy. His recent caseload has included a minority shareholders' petition, constructive trust litigation, directors' duties and professional negligence actions." (2012)

"Andrew Latimer (is) 'a class act', who has a genuine knack for producing 'cleverly tailored, witty statements that get the judges on his side," (2011)

"Based in the Leeds branch of Kings Chambers, Andrew Latimer belongs to "the small group of barristers outside London to whom I would confidently entrust a higher-value Chancery case," declare instructing solicitors. A barrister who is "calm under judicial fire, he combines excellent technical knowledge with persuasive advocacy, and can make mincemeat of less able opponents," Latimer is building quite a following" (2010)

"...commercial and diligent...Solicitors highly recommend him because he 'delivers results and is someone that judges listen to and take note of.' He appeared in ICI Chemicals & Polymers v TTE Training, and was successful in getting the claim dismissed on appeal." (2009)

"Andrew Latimer possesses "good academic ability" and is known to be a "sound practitioner in commercial matters.". (2008)

 "Andrew Lattimer drew praise from all quarters for his "keen intellectual ability and good client manner." Said one senior peer: "He's a huge star in the ascendant." (2007)

Memberships:

Chancery Bar Association
Northern Chancery Bar Association

Career and Education:

University:
Hertford College, Oxford (1990-1994)
Degree:
BA, Jurisprudence, 1st Class.
Joint winner of University Land law Prize (1993)
Year of Call:

1995 (Gray's Inn) Holder of the Holt Award, Gray's Inn
Joined Chambers:
1996
Other Career:
NCBA Committee member (2012-to date) and BSB External Examiner, Commercial Litigation (2014- to date)
Attorney General's Panel for Civil Litigation 2000-2007.

 



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