Andrew Latimer


Dispute Resolution

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Rory Davis
Gary Young


Dispute Resolution

Dispute Resolution: minority shareholders petitions, directors disqualification, company law issues, corporate insolvency, commercial disputes and professional negligence arising from these areas.

Significant Reported Cases

Shafi v Rutherford [2014] EWCA Civ 1186 (CA, construction of agreement relating to expert determination and whether an expert was free to depart from earlier sets of accounts in computing liabilities)

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).

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)

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)

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).

 


 

"He is absolutely excellent - extremely good to work with, good with clients, a strong advocate and one of the rare barristers who is very good at mediation and negotiation, but is also prepared to fight." 

Chambers UK

Profile

Andrew Latimer has an extensive commercial litigation and Chancery practice experience and in the last three years he has appeared in the Chancery Division on several unfair prejudice petitions and claims for breaches of fiduciary duty, has appeared
regularly on applications and trials in the Mercantile List, successfully defended a £4m bankruptcy petition and appeared for petitioning creditors on two cross-border petitions, successfully defended an application for £1m in security for costs and acted in claims over easements at an airfield and at the Richard Seiffert-designed Gateway House, Manchester. During 2010-2012 he was led by Lesley Anderson QC in a minority shareholders petition which settled after 8 weeks at 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.

Year of Call: 1995

 

Areas of Expertise 
  • Chancery
  • Dispute Resolution

Memberships

Chancery Bar Association, Northern Chancery Bar Association

 

Appointments

BSB External Examiner for Commercial Litigation (since 2013)

Committee Member, Northern Chancery Bar Association (since 2011)

Attorney-General’s Panel for Civil Litigation (2000-2007)

 

Publications

Contributor to Sweet & Maxwell’s “Commercial Litigation: pre-emptive remedies” for chapter 5 (default judgments) and chapter 6 (summary judgment) since 2003.

 

Qualifications

BA (Jurisprudence), Hertford College, Oxford, 1993 1st Class

BCL, Hertford College, Oxford 1994

 

Recommendations

Legal 500 2017

‘An excellent all-round advocate.'

Chambers UK 2017

"He is very good on his feet and great with clients. He can bring a very tranquil attitude to quite fraught matters." "A great all-round lawyer, and I know many people adore him."

"He is absolutely excellent - extremely good to work with, good with clients, a strong advocate and one of the rare barristers who is very good at mediation and negotiation, but is also prepared to fight." 

Chambers UK 2016

"An extremely bright barrister and skilful advocate who is good at thinking on his feet in court. Held in high esteem by his peers, he is straightforward and highly perceptive."

"He provided excellent, well thought through and perceptive advice. His advocacy always hits the right note and he's excellent with clients."

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

Has a comprehensive commercial and chancery practice, which covers partnership and shareholder disputes, commercial property and professional negligence. He is a favourite with solicitors, who value his "fantastically bright, can-do attitude." …"He is very hard-working. He's not only academic, but able to get into detail in a practical sense too." (2015)

"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)

Recommended for Chancery by Chambers UK every year since 2007:

“Maintains an extensive chancery practice focusing on commercial litigation. His caseload encompasses insolvency law, landlord and tenant disputes, partnership, shareholders' rights and breach of trust.” (2015)

"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)

 

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