Andrew Grantham


Civil Fraud

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:
Gary Young
Harry Young


Civil Fraud

Andrew is frequently instructed on civil fraud cases, particularly those requiring urgent asset preservation/recovery injunctions. Examples of recent cases include:

  • A claim against a solicitor who had misappropriated £300,000 of client moneys (freezing injunction obtained – personal and proprietary claims pursued);
  • A claim against persons unknown who fraudulently procured over £270,000 from bank accounts located out of the jurisdiction (freezing injunction and asset preservation order obtained culminating in judgment in default)
  • Advising BVI liquidators on the merits of adopting a (9 figure) multi-million pound, multi-party shareholder dispute claim in the Chancery Division involving amongst other matters an alleged fraudulent conspiracy and misrepresentations between the various investors

 

"An untiring and tenacious barrister." "He is extremely bright and offers a high standard of client service as well as sound, technical and commercial advice."

Chambers UK

Profile

Andrew’s practices almost exclusively in Commercial and Chancery Dispute Resolution including Arbitration and International Disputes.  He also undertakes some non-contentious work. 

He was called to the Bar following a short career as a full time law lecturer at Wadham College, Oxford and part time lecturer at King’s College, London.  He is currently the Chair of the Northern Circuit Commercial Bar Association.

Andrew specializes in cases of high value and considerable complexity.  He has particular expertise in contractual and corporate disputes and regularly appears against QCs and other senior junior Counsel. His clients include banks and major public companies as well as a number of smaller manufacturing and other companies and professional firms. 

Year of Call: 1991

 

Areas of Expertise

Arbitration

Arbitration

Andrew has acted as both arbitrator and advocate in several high value arbitrations.

Significant Reported Cases

An arbitration between a supplier of automatic vehicle number plate recognition systems and a supermarket group.   The arbitration arose out of the termination of a contract for the supply of such systems throughout the stores operated by the group and was resolved shortly prior to the final hearing.  Andrew appeared alone on behalf of the claimant supplier of equipment.     

An arbitration arising out of the widening of the M62 motorway near Whitefield.  The arbitration arose between the main contractor and its planing subcontractor under a FCEC standard form of sub-contract.   Andrew appeared on behalf of the respondent main contractor.

An arbitration arising out of the termination of a commercial agency agreement.  I acted as the arbitrator.

 

Banking & Finance

Banking & Finance

Andrew has acted both for and against banks and financial institutions in numerous cases including in disputes involving guarantees and indemnties; the misselling of financial products; negligent advice and wrongful payments.

Significant Reported Cases

Cooper v Bank of Scotland plc [2013] EWHC 4645 (Ch) In this case a claim was made by a customer of a bank alleging that the bank had wrongfully made payments exceeding £600,000 out of his account and that he had suffered consequential loss which he ultimately alleged to be in excess of £16,000,000.  The claim was ultimately settled after Andrew on behalf of the bank had successfully resisted an appeal against an order refusing to grant the claimant relief from sanctions.

Murphy v HSBC Plc [2004] EWHC 467 (Ch) Andrew acted on behalf of the claimants in a case involving a claim for damages for negligence against a bank by its customers.  Silber J reviewed the test applicable for the imposition of a duty of care upon the bank relying upon Andrew’s analysis of the law but ultimately found against the claimants on the facts.

 

Civil Fraud

Civil Fraud

Andrew is frequently instructed on civil fraud cases, particularly those requiring urgent asset preservation/recovery injunctions. Examples of recent cases include:

  • A claim against a solicitor who had misappropriated £300,000 of client moneys (freezing injunction obtained – personal and proprietary claims pursued);
  • A claim against persons unknown who fraudulently procured over £270,000 from bank accounts located out of the jurisdiction (freezing injunction and asset preservation order obtained culminating in judgment in default)
  • Advising BVI liquidators on the merits of adopting a (9 figure) multi-million pound, multi-party shareholder dispute claim in the Chancery Division involving amongst other matters an alleged fraudulent conspiracy and misrepresentations between the various investors

Company

Company

Andrew’s company practice extends to contentious and non- contentious matters. His contentious practice includes shareholder disputes (including derivative actions and unfair prejudice petitions) and claims against directors. His non-contentious work includes reduction of share capital and restructuring.

Significant Reported Cases

Bhullar v Bhullar [2016] 1 B.C.L.C. 106 authority on test for the grant of permission to continue a common law derivative action. Morgan J considered that test and its relationship with the test for the grant of an indemnity to the claimant by the company. Andrew appeared as junior counsel for the defendant who succeeded in resisting permission for 1 of the 2 claims and the application for an indemnity.

 

Dispute Resolution

Dispute Resolution

Andrew’s experience includes the following areas: applications for freezing injunctions and asset preservation orders; carriage of goods; civil fraud and asset recovery; financial services including misselling of derivatives; insurance and reinsurance contract disputes; sale of goods including retention of title and share and business sale disputes.

Significant Reported Cases

Webster v Liddington [2014] EWCA Civ 560; [2014] P.N.L.R. 26.   In this case Andrew acted successfully on behalf of a group of claimants as junior counsel.  It is the leading authority on responsibility for misrepresentations contained within literature produced by a third party handed over to representees.

Parking Eye v Somerfield Stores [2012] EWCA Civ 1338; [2013] Q.B. 840; [2013] 2 W.L.R. 939; [2012] 2 Lloyd's Rep. 679.  Andrew acted successfully on behalf of Parking Eye as junior counsel.  It remains the leading authority on the effect of illegality on the enforceability of contracts.  The Court of Appeal considered the effect of an intention to perform a contract in an illegal manner and introduced the principle of proportionality in determining whether the illegality was such as to preclude contractual enforcement. 

BVM Management v Yeomans [2011] EWCA Civ 1254.  Andrew acted alone on behalf of the Claimant.  The Court of Appeal considered the proper interpretation of contracts that were partly oral and partly in writing and held that a term providing for termination on three months’ notice was not inconsistent with an agreement for a two year term.

DRL Ltd v Wincanton Group Ltd [2011] EWCA Civ 839 Andrew acted on behalf of the claimant/appellant.  The Court of Appeal allowed the appeal accepting that the claimant had accepted the defendant’s repudiation.

George Hunt Cranes Ltd v Scottish Boiler & General Insurance Co Ltd [2001] EWCA Civ 1964; [2002] 1 All E.R. (Comm) 366; [2003] 1 C.L.C. 1; [2002] Lloyd's Rep. I.R. 178; (2003) 147 S.J.L.B. 60. Andrew acted alone on behalf of defendant the insurance company and successfully argued both at first instance and on appeal that a term of an insurance contract amounted to a claims condition so that the insurers were entitled to refuse to indemnify the insured claimant following a breach of the term.

 

 
Memberships

Northern Circuit Commercial Bar Association (Chair)

COMBAR

Northern Chancery Bar Association

Chancery Bar Association

 

Publications

Commercial Litigation Pre Emptive Remedies (Sweet & Maxwell)

 

Appointments/ Qualifications

St Catherine’s College, Oxford: BA 1988 (Jurisprudence), BCL 1989, MA 1997

Chartered Institute of Arbitrators: Fellow 2001

 

Recommendations

Chambers UK 2018

"A fiery advocate."

"He has marvellous attention to detail. If there is a document-heavy and complex piece of litigation, he is very well suited to it. He never lets you down." "He is thorough, knowledgeable and approachable."

Chambers UK 2017

"A very brainy lawyer who always fights very hard for his client." "His written work and advice is always to a very high standard."

"An untiring and tenacious barrister." "He is extremely bright and offers a high standard of client service as well as sound, technical and commercial advice."

Chambers UK 2016

"A very proactive, quick and efficient practitioner."

"He is extremely thorough and an excellent advocate with a very good understanding of the law."

"He is very knowledgeable and gives good, concise advice."

Chambers UK 2015

"He's a well-regarded chancery practitioner. You know you're in for a good and well-prepared fight."

"He is hugely hard-working and client-focused."
 

Legal 500 2018

‘He is remarkably thorough and has a real eye for detail.’

Legal 500 2017

‘Always well prepared and conscientious with clients.’

Legal 500 2015

"He always ensures he has considered every angle"

Chambers UK 2014

"The quality of his written argument was superlative, as was the quality of his research. His judgement was very impressive."

Chambers UK 2013

"a good technician" who is "highly thorough, hard-working and bright." His particular areas of focus includes business and share sales, insurance and reinsurance and shareholder disputes. "

 

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