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Andrew Twigger

e-mail atwigger@3sb.law.co.uk

Andrew has a Chancery commercial litigation practice and has extensive experience in litigation both in the Chancery Division and the Commercial Court. He also acts in commercial arbitrations.

Andrew has a particular interest in cases related to banking and finance, but undertakes a wide variety of other corporate and commercial cases relating to contractual disputes, commercial fraud, shareholders’ rights, auditors’ (and other professional) negligence, claims relating to bonds and other commercial instruments, company insolvency and insurance.

In addition, Andrew has acted in a variety of property and trust related matters, including partnership disputes, claims to interests in land and actions for breach of trust. He also undertakes drafting and advisory work in the company and commercial spheres.

  • Professional reputation

    The “incredibly articulate and diligent” Andrew is recommended as a junior for commercial dispute resolution in Chambers and Partners.

  • Notable recent cases

    Andrew’s recent cases include:

    • Benedetti v Sawiris – instructed to represent the successful Claimant in a trial in the Chancery Division from February to May 2009 concerning the acquisition of a leading Italian telecommunications company, which was the largest leveraged buy out in Europe in 2005.  Instructed by Herbert Smith. 
    • Currently instructed by Stephenson Harwood to advise in relation to potential claims by major investment banks relating to Credit Default Swaps and synthetic Collateral Debt Obligations.
    • Peconic v Luk & Co – instructed by Philip KY Lee & Co on behalf of the Respondent in the successful appeal to the Hong Kong Court of Final Appeal in relation to the question of whether any period of limitation is applicable to a claim for dishonest assistance. 
    • During 2008 advised Grant Thornton in relation to insurance coverage issues relating to a potential professional negligence claim.  Instructed by Grant Thornton in-house legal department.
    • Goldlion Properties Ltd v Regent National Properties Ltd - instructed by Allen & Overy (Hong Kong) to prepare the Case for the Hong Kong Court of Final Appeal on behalf of the Appellant in a case concerning whether steps taken by a liquidator could subsequently be held to be invalid if his appointment was subsequently held to be invalid. 
    • Trustees of The Andrew Lloyd Webber Art Foundation v Estate Of Paul Von Mendelssohn-Bartholdy – currently acting for the Trustees in an action in the Chancery Division in relation to a title dispute concerning a painting by Picasso.  Instructed by Speechly Bircham.
    • IXIS Corporate & Investment Bank v West LB AG, CIBC World Markets plc &Terra Firma Capital Partners – acted for the Claimant in substantial Commercial Court litigation, dealing with the alleged negligence and fraud of parties involved in a securitisation of receivables, in particular in relation to a complex financial model.  The claim settled before judgment after a three month trial in the first quarter of 2008.  Instructed by Stephenson Harwood.
    • MAN v Freightliner v Ernst & Young [2005] EWHC 2347 (Comm) / [2008] 2 BCLC 22 – acted for the Defendant in this high-profile trial in the Commercial Court, involving commercial fraud and auditors’ negligence.  The trial lasted six months in the first half of 2005.  Also acted on the appeal to the Court of Appeal which was heard in March 2007 and in relation to the Petition for Leave to Appeal to the House of Lords in October 2007.  Instructed by Clifford Chance.
    • IPOC Capital Partners Ltd & Ors – during 2007, advised the Registrar of Companies of Bermuda in relation to a number of interrelated public interest winding-up petitions.  Instructed by the Attorney General of Bermuda.
    • Silver Point Finance LLC v Danielle & C. Officine Meccaniche S.p.A – Commercial Court action involving a dispute arising out of a guarantee.  Settled in May 2007.  The dispute involved questions resulting from Chapter 11 proceedings in New York and the consequences of various orders made in those proceedings as a matter of English law.  Instructed by Clifford Chance.
    • Benjamin v KPMG – during 2006 advised the Defendants, auditors based in Bermuda, in relation to a claim by the liquidator of two US based insurance companies concerning the alleged negligent audit of the accounts of various captives registered in Barbados.  Instructed by Conyers, Dill & Pearman.
    • Lastminute.com v Worldspan – Commercial Court action.  Settled in May 2006.  Contractual dispute concerning provision of Global Distribution System enabling travel bookings to be made over the internet.  Instructed by Tarlo Lyons.
    • Kuwait Airways v Iraqi Airways [2004] EWHC 2603 acted for the Claimant in the Commercial Court, in various trials concerned with liability for the conversion of aircraft and spares.  Instructed by Howard Kennedy.
    • Hurst v Leeming [2003] 1 Lloyd’s Rep. 379 – costs sanctions for refusing mediation.  Instructed by Reynolds Porter Chamberlain.
    • Black v Sumitomo [2002] 1 WLR 1562 – remains a leading case in relation to pre-action disclosure.  Instructed by Teacher Stern & Selby.
    • Profilati v PaineWebber [2001] 1 Lloyds Rep 715 – one of the first cases to consider whether section 68 of the Arbitration Act 1996, relating to the setting aside of an arbitration award for fraud or serious irregularity, had changed the pre-1996 law.  Instructed by Theodore Goddard.

     

  • Professional membership

    Chancery Bar Association
    ComBar

  • Education

    Aylesbury Grammar School (1982-1987). 

    St. John’s College, Oxford (1987-1991). 

    City University (1992-1993).

  • Seminars and lectures