Andrew Emery

Barrister

MA (Oxon) LL.M (Lond)
Call: 2004

Andrew Emery

Andrew read law at New College, Oxford before undertaking an LL.M in Commercial and Corporate law at UCL.
He has a broad commercial practice and is experienced in acting both in litigation and arbitration. He has a particular interest in construction and shipping law having gained exposure to high profile work in these areas during pupillage and during time spent at a leading City law firm.

Andrew regularly accepts instructions to appear in the High Court and County Courts as well as Arbitrations and Adjudications. He also has experience of drafting and advising on a wide variety of Privy Council cases, as well as having appeared in that Court.

PROFESSIONAL EXPERIENCE

Banking/Financial Services

Andrew previously worked at the Financial Ombudsman Service as an adjudicator and is familiar with the provisions of the Financial Services and Markets Act 2000 as well as relevant delegated legislation concerning The Financial Services Authority. Since joining Chambers Andrew has advised several Banks on a variety of issues. Recent examples include:

Central Bank of Ecuador v Ansbacher (Bahamas) with Julian Malins QC, assisting and drafting pleadings in a US$150m fraud case.
Advising and drafting pleadings in a matter concerning redemption of shares and an alleged miscalculation of the Net Asset Value. (Fairfield Sentry v Lombard Odier)
Advising a Canadian hotel chain as to the terms of a shareholder agreement it had entered into, a group restructure and the novation of a subordinated loan under an Inter-Creditor Agreement.
Advising a major South American Bank on the powers of the Board of Directors to limit the redemption rights of shareholders who were attempting to redeem their shares/investments.
Advising a Bank in relation to a claim by a depositor that it had a “Quistclose” trust over part of the Bank’s assets.
Advising a Bank whether it was under an obligation to honour cheques, totalling several hundreds of thousands of pounds, issued by a company pre-liquidation, but presented after a provisional liquidator had been appointed.
Appearing for several High Street banks in the County Court concerning issues arising out of the ongoing test case against the Office of Fair Trading.
Advised and drafted pleadings in a matter concerning a multi-million dollar dispute over ownership of assets held in The Bahamas, Switzerland and India (Valuable Resources Ltd v Luxury Overseas Ltd (The Bahamas))

Shipping/International Trade

From November 2006 to September 2007 Andrew worked in the Commercial Group at Holman Fenwick & Willan in London and was involved in a variety of international and domestic litigation, most notably a long running commercial fraud case involving a well known logistics company and a Kuwaiti company. He was also involved in submitting a paper to the World Energy Congress on Bi-lateral investment treaties and related ICSID arbitrations. He is experienced in dealing with all forms of Bills of Lading and Charterparties and is familiar with both the Hamburg Rules and the Hague/Visby Rules.
Recent work in these areas includes:

Advising a shipping company in relation to a dispute it was having with a Port Authority.
Advising a salvage company in relation to a dispute with Customs over a salvaged vessel.
Advising a Charterer as to the provisions of an “off-hire” clause under a Time Charter.
Advising and drafting particulars in a claim for demurrage by a shipowner.
Advising and drafting interim orders in relation to an attempt by a shipowner fraudulently to remove several vessels from a shipping register in the Caribbean in order to avoid a judgment of the English Commercial High Court (Wellington Underwriting Agencies Anors v Carib USA Shiplines (Bahamas) Ltd).

Construction

Andrew undertook pupillage at a leading construction set where he gained exposure to high profile construction litigation, arbitration and adjudication.
He is a member of TECBAR and The Adjudication Society.

He is very familiar with Standard Form Contracts (JCT, ICE, and NEC) and the provisons of both, the Housing Grant, Construction and Regeneration Act 1996 and the Party Wall Act 1996. Recent examples of his work in this area include:

Advising and drafting pleadings in a US$10 million contribution claim against both a contractor and an architect in The Bahamas (Kerzner International Ltd v Centex Rooney Construction Anors (The Bahamas)).

Successfully representing a sub-contractor at a trial concerning the installation of air-conditioning units on a multi-million pound development of a business park.

Advising a contractor in relation to an extension of time under an American Institute of Architects (“AIA”) Standard Form agreement.

As part of a larger legal team, has been involved in several adjudications concerning the redevelopment of a major London hotel.

Advising a contractor concerning a delay claim over the construction of three residential apartment blocks in the Caribbean.

Entertainment/Media

Andrew has specific experience advising and representing members of the music industry at a variety of levels. He has in depth knowledge of the contractual matrix that is often found in recording contracts and management contracts and also has experience dealing with issues surrounding PRS for Music (formerly The Performing Rights Society). Examples include:

Representing a well known musician at a one day mediation with a major record label regarding a dispute over the terms of a record contract.

Advising a current pop band in relation to a major commercial television channel’s failure to obtain a relevant “synchro” licence when using one of the band’s songs.

Advising a management company as to the terms of a management contract it had with a band and assisting in reaching a mutually agreed termination of that contract.

Advised and represented a former employee of a well known rock musician in relation to a claim against him that he had used the musician’s image without prior consent. The claim revolved around a $2m sale of memorabilia at Sotheby’s, New York.

Privy Council

Icebird Ltd v Winegardner (The Bahamas) [2009] UKPC 24

Diplomatic Law

Andrew has advised several embassies in relation to claims made against them and is very familiar with the statutes concerning diplomatic immunity and privilege.

Appointments

Falkland Islands Approved Lawyer
TECBAR accredited Adjudicator

Publications

“Staying in Touch” The Commercial Litigation Journal, May/June 2012

Education

MA (Oxon), Jurisprudence, New College, Oxford
LL.M (Lond), Commercial and Corporate Law, University College, London

Scholarships and Awards

Somerset Scholarship
Mary Datchelor Trust Scholarship
UCL Graduate Bursary
Hardwicke Scholarship (Lincoln’s Inn)
Harrison Prize Award