Andrew Latimer

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Year of Call: 1995

Practice:

Commercial litigation
Directors duties
Directors disqualification
Shareholders remedies
Partnership
Breach of trust and fiduciary duties
Tracing and constructive trusteeship
Bankruptcy and corporate insolvency
Recoveries by office holders
Covenants in restraint of trade
Confidential information
Passing off
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 four years he has appeared in the Court of Appeal and obtained summary judgment for the Defendant and defeated a £300k commercial claim, he was the junior appearing for the Secretary of State in a two week directors disqualification trial which ended with a 12 year disqualification order being made, he appeared in the Court of Appeal on a substantial assessment of damages against an insurer on appeal from the Mercantile List, appeared in the Chancery Division and obtained a ruling that alleged forgery did not render a lease void, appeared in the Queen's Bench Division on behalf of valuers seeking fees from DEFRA for work done during the foot and mouth crisis and appeared in the Commercial Court on applications for non-party costs orders. He also had a pedigree bull named 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 "Commercial Litigation: Pre-emptive Remedies" since 2003 and edits the chapters on summary judgment and default judgments.

He also speaks regularly to practitioners on developments in the law relating to commercial litigation: 

• 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 and 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 reported cases:

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, party 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, impecuniosity and a conditional order of £1m, effect of ECHR 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 decided that First Class law degree from Oxford was insufficient evidence of academic merit.)

Recommendations:

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

"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, constructivetrust litigation, directors' duties and professional negligence actions." (2012)

and

"...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) “a class act,” who has a genuine knack for producing “cleverly tailored, witty statements that get the judges on his side.” " (2011)

and

"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 "an incredibly hard-working and industrious lawyer," and is highly reputed for his work in heavyweight chancery and commercial cases." (2010).

"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 in 2007, 2008, 2009 and 2010:

"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 Latimer 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)

Recommended for Restructuring / Insolvency by Chambers UK in 2008, 2009 and 2010:

"Bright and capable" Andrew Latimer "gets right to the heart of the matter and can handle the most complex matters with ease." His commercial expertise is a strong feature of his work on a range of insolvency matters, with directors' disqualifications, bankruptcy and corporate insolvency all cornerstones of his practice. (2010)

"With considerable experience in directors disqualification, bankruptcy and corporate insolvency, the approachable and commercial Andrew Latimer comes highly recommended by clients." (2009)

" 'Hard working' Andrew Latimer has a 'way with clients that many barristers lack - he always makes time for them.' Sources testify to his 'down to earth' and 'approachable' manner and he is further acclaimed for 'intellectual and persuasive' arguments before the Bench that have led to some 'outstanding results'." 

Memberships:

Chancery Bar Association
Northern Chancery Bar Association
Northern and North Eastern Circuits 

Career & Education: 

University:                  Hertford College, Oxford (1990-1994)

Degree:                      BA, Jurisprudence, 1st Class. Joint winner of University Land 
                                 Law Prize (1993)

                                 Bachelor of Civil Law (1994)

Year of Call:               Gray's Inn (1995)

                                 Holder of the Holt Award, Gray's Inn

Joined Chambers:       1996

Other Career               Attorney General's Panel for Civil Litigation
Information:                 (Provinces) 2000 - 2007