Andrew Maguire

Call: 1988

Introduction

Andrew is an experienced Chancery and Commercial litigator, with a substantial and busy practice consisting mainly of large money contractual and financial claims, often involving different jurisdictions and usually with a chancery flavour, such as mortgages and charges, breaches of trust and fiduciary obligation, restitutionary claims and equitable remedies, as well as acting in a wide range of property and professional negligence disputes, encompassing High Court and Arbitral trials and advisory work. Andrew is regularly instructed in international commercial disputes involving at least one overseas entity which regularly gives rise to conflict of laws issues.

Andrew is regularly instructed to seek emergency worldwide commercial and chancery freezing and proprietary injunctive relief as well as emergency search and seizure orders. Andrew has particular expertise in banking and financial services disputes, especially involving guarantees and indemnities and mis-selling claims.

Andrew is currently involved in claims arising from the ongoing Arch Cru and Keydata matters and was instructed in the £32 million judicial review claim arising from the collapse of Keydata Investment Services Ltd involving an additional levy imposed by the Financial Services Compensation Scheme on Financial Advisers, reported as R (ABS Financial Planning Ltd & Ors) v Financial Services Compensation Scheme Ltd [2011] EWHC 18 (Admin), [2011] A.C.D. 39.

Andrew is an Accredited Commercial Mediator (ADRg) with experience of acting in over 75 successful mediations. He was a mentor on the Lord Chancellors Training Scheme for Chinese Lawyers in 2010 and, in November 2011, he was selected to a 13 person delegation, led by the Chairman of the Bar, on a Bar Council China Business Development Trip to Beijing and Tianjin, and gave a talk on worldwide freezing injunctions to 150 Chinese lawyers, along with two London silks.

Andrew heads up the Banking and Financial Services group and the ADR group.

Andrew has acted in a substantial number of lengthy and complex trials and high value claims. Amongst Andrew’s most substantial recent cases have been:

A judicial review of the Financial Services Compensation Scheme’s decision to levy £32 million on independent financial advisers, which is reported as R (on the application of ABS Financial Planning Ltd and others) v Financial Services Compensation Scheme Ltd [2012] 2 BCLC 267.

A successful claim on personal guarantees which defeated defences based on the rule in Holme v Brunskill, before the High Court in London, reported as National Merchant Buying Society Ltd v Bellamy and another [2012] All ER (D) 325 (Jul).

A successful defence of a claim by a claimant financial services company which was held unable to recover an introductory payment made to the defendants when they were recruited as financial advisers, because it had given a collateral warranty that it would not be entitled to demand repayment if it terminated their contracts by notice or otherwise within three years of the payment. Reported as Thinc Group v Armstrong [2011] EWHC 3152 (QB); upheld on appeal at [2012] EWCA Civ 1227.

An appeal to the Court of Appeal which held that a schedule to a Tomlin order recording an agreement that a tenant would enter into an assured shorthold tenancy to replace an assured tenancy was not substantially to the same effect as the prescribed form of notice required by the Housing Act, and could not amount to notice given before a tenancy was entered into. Reported as Kahlon v Isherwood [2011] 2 P&CR 19.

In his spare time, Andrew enjoys being with his family and, when not acting as a taxi driver to his four children, going to the theatre, foreign travel, skiing and playing cricket, watching football, rugby and cricket.

What the directories say:

  • Recognised for his commercial chancery litigation work, which covers issues relating to mortgages, fiduciary obligation, breach of trust and negligence.  Has a complex caseload with a focus on finance and contract disputes. He is particularly praised for his abilities in managing clients. Expertise: “He has an affable manner, both in advocacy and in conferences.” “He takes a commercial approach to preparation and delivery.”  “He is extremely good with clients; having him on our doorstep here in Birmingham is great.” CHAMBERS UK 2015.
  • Chambers UK Bar Guide 2013 under (1) Chancery and (2) Commercial Dispute Resolution which states that:

  • “Andrew Maguire is known as a “larger than life character with a fearsome intellect.” “He focuses his practice predominantly on property-related issues.” (Chancery) and
  • “Andrew Maguire picks things up quickly” and is a reliable source of “sensible commercial advice.” Instructing solicitors say “he’s very good at weighing up the pros and cons for the client’s business.” “Maguire was recently involved in a complex EUR3.5 million distribution rights dispute between Portuguese automotive supplier Sunviauto, French parent company Faurecia and its Midlands-based British subsidiary.” (Commercial Dispute Resolution)
  • Chambers UK Bar Guide 2012 under (1) Chancery and (2) Commercial Dispute Resolution which states that:
  • “Andrew Maguire is recommended for his expertise in all property matters. He is much sought after in matters concerning succession planning and heavyweight commercial real estate litigation” (Chancery) and
  • “He wins praise for being “highly responsive and a pleasure to work with”. He recently acted in a major judicial review case concerning efforts to reverse a decision by the Financial Services Compensation Scheme to impose a 30 million levy on independent financial advisers.” (Commercial Dispute Resolution)
  • Chambers and Partners UK Guide 2011 which states: “one of a number of quality juniors at the set” and “an accomplished litigator” and for his “deft touch in front of judges” and his “calm, measured cross-examinations that catch out unwary witnesses.” (Chancery)

Recent Cases:

  • A claim for damages for deceit and breach of contract against D1 after sale of a business and retention as a management consultant when it became clear that D1 sought to steal back the assets. Claims for freezing injunctions and search and seizure orders obtained. Damages claim in excess of £500,000. Time of the essence as contracts in USA and Middle East at jeopardy. Application to vary the search and seizure orders was necessary.
  • A claim by 288 claimants against 128 defendants alleging the mis-selling of overseas investments in Paphos, Cyprus. I act for 25 financial advisers who are sued as sub-sub-agents. The claims have involved challenges to jurisdiction and applications seeking a group litigation order. The matter is unlikely to be heard before the end of 2013. The likely quantum sought is at least £72M (£250k per claim).
  • I act for financial advisers in a claim for £1.5M against financial advisers concerning the alleged mis-selling of a number of bonds and unregulated collective investment scheme deposits. Defended on the grounds that investor was a sophisticated investor who undertook his own market investigations and that an “execution-only” service was provided.
  • I act for the investor in this claim for substantial losses caused by advice of the defendant financial advisers to invest in 3 Secure Income Bonds issued by a Luxembourg based company, SLS Capital SA (namely the Keydata scandal), which were senior life settlement bonds, which had not been listed on the Luxembourg stock exchange and so were not eligible for an ISA, causing repayment of taxes to the claimant as a UK-based investor, as well as the loss of the investment monies when Keydata collapsed due to the intervention of the FSA and then suspension of the funds.

Reported Cases:

  • Avoncroft Construction Ltd v Sharba Homes (CN) Ltd [2009] 119 Con LR 130
  • State Bank of India v Toor [2010] EWHC 1097 (Ch)
  • Wright v Wright [2010] EWHC 1808 (Ch)
  • Acco Properties Ltd v Severn [2011] EWHC 1362 (Ch)
  • R (on the application of ABS Financial Planning Ltd & Ors) v Financial Services Compensation Scheme Ltd & Financial Services Authority [2011] All ER (D) 78; [2012] 2 BCLC 267
  • Kahlon v Isherwood [2011] EWCA Civ 602; [2011] 2 P&CR 19 (Rix, Stanley Burnton and Patten LJJ)
  • Argentum Lex Wealth Management Ltd v Giannotti [2011] EWCA Civ 1341 [I obtained leave on paper (Toulson LJ); same argument successful on appeal, although I was unable to appear at appeal hearing] (Ward, Longmore and Sullivan LJJ)]
  • National Merchant Buying Society Limited v Bellamy & Mallett [2012] EWHC 2323 (Ch) “Andrew successfully acted for the respondent on appeal, reported at [2013] 2 All ER (Comm) 674.”
  • Thinc Group v Armstrong [2011] EWHC 3152 (QB), upheld on appeal [2012] EWCA Civ 1227

Qualifications and Appointments:

  • Hull University (1984-1987) LL.B. Class 2:1
  • Inns of Court School of Law (1987-1988)
  • B.L. (2011) Bar of Northern Ireland
  • Inner Temple Pegasus Scholar (Bermuda and USA)
  • Associate of the Chartered Institute of Arbitrators (ACIArb)
  • Accredited Commercial Mediator (ADRg)
  • Mentor on Lord Chancellor’s Training Scheme for Chinese Lawyers (2010)
  • Speaker on Bar Council Business Development Trip to China (November 2011)

Memberships:

  • Chancery Bar Association
  • Financial Services Lawyers Association
  • Midland Chancery and Commercial Bar Association

My Expertise