Andrew Green KC

Andrew is instructed for the Defendant in the heavily publicised phone hacking litigation between the Duke of Sussex and other individuals against the Mirror Group. He led the 7 week trial in May/June 2023 in which he conducted the widely publicised cross-examination of the Duke (the first member of the British royal family to be cross-examined for 130 years). The trial, and Andrew’s conduct of it, received worldwide press attention, including: BBC News; The Financial Times; CNN; Sky News.

Andrew is acting for the Claimants, vendors of shares in companies holding copper and nickel assets in South America, in a Commercial Court claim for wrongful termination of two SPAs.

Andrew is acting for the Defendant, HSBC, in a claim for over £100m brought by a group of over 300 investors in a series of filming financing schemes known as the Eclipse Partnerships, which HMRC ruled were unlawful tax avoidance vehicles. The causes of action include deceit, unlawful means conspiracy and dishonest assistance. 

Andrew is acting for a number of Premier League football clubs in claims brought under policies of insurance for business interruption arising from the COVID-19 pandemic.

Andrew has recently been instructed for the Claimant in this claim brought against the former King of Spain for harassment.

Andrew is acting for AXA in this claim for over £600m in respect of historic mis-selling liabilities. Santander’s strike out application was rejected in July 2022.

Andrew was instructed by Sheikh Mohammed bin Rashid Al Maktoum, the current ruler of Dubai, in proceedings against his ex-wife, HRH Princess Haya Bint Al Hussein of Jordan. He was instructed for the purpose of cross-examining an expert on the issue of phone hacking. In his Judgment, the President of the Family Division was particularly complimentary about the cross-examination.

Andrew acted for HSBC in this substantial claim brought by hundreds of investors against the promoters of the Ingenious film and game schemes, and against various banks (including HSBC) and other intermediaries. The claims against HSBC included claims for unlawful means conspiracy and dishonest assistance. This action, which settled in April 2022, was one of the largest claims in the Chancery Division.  

Andrew acted for the Defendant in a landmark test case on the potential liability of an execution-only SIPP provider (D) to an investor (C) whose underlying investment in the SIPP sustained significant losses. The Court held that D was not liable for such losses.

Andrew acted for the LSE in opposing a Norwich Pharmacal application brought by Burford arising out of an alleged short-selling attack on it shares in August 2019.

Andrew is acting for the Company in the quantum hearing following findings of unfair prejudice. Expert evidence on hotel and share valuation was heard to determine the disputed share purchase price, with competing valuations ranging from £85m to £185m. The Court determined a buyout price of £137m. 

Andrew acted for the Defendant (in a 10 day trial) in relation to a claim for damages for breach of an agency contract and compensation pursuant to the Commercial Agents (Council Directive) Regulations 1993. The Claimant's claim was for c.£25 million, of which it recovered £1 million.

Acted for AXA in a claim for over £500m, relating to historic Payment Protection Insurance mis-selling, from the vendor of subsidiary insurance businesses. AXA struck out the defendant's Part 20 counterclaim as an abuse of process, before prevailing at subsequent liability and quantum hearings involving issues of contractual construction and subrogation, and expert evidence on market practice.

Andrew acted for a financial services company in defence of claims alleging dishonest assistance and under section 213 of the Insolvency Act 1986, in connection with an alleged Missing Trader Intra-Community (MTIC) VAT fraud in the carbon credits market.

Andrew acted for Taveta in seeking an interim injunction restraining the FRC from publishing a settlement document agreed with Taveta's auditors. The basis of the application was that the FRC had acted in breach of the duty of fairness in not affording Taveta's management any 'Maxwellisation' rights. The Court accepted the arguability of Taveta's arguments (this being the first case in which the High Court has, even on an interim basis, found an arguable breach of the duty to afford a third party  'Maxwellisation' rights), and granted permission to judicially review the FRC. The interim injunction was not granted on the grounds that the "exceptional circumstances" test was not satisfied (although the Judge expressed "serious reservations" that the test was too onerous). 

Andrew acted for the Defendant in defeating a claim based on an alleged oral contract made in the bar of the May Fair Hotel in London. The Defendant was awarded indemnity costs.

Andrew acted for the successful claimant in proceedings asserting under-payment of profit share under a property construction joint venture. The Court found for the claimant on various points of contractual interpretation, regarding deductions of capital expenditure pre-distribution, and ordered a seven-figure interim payment pending an account of the profit due.

Andrew acted for the successful Petitioner, the former President of Blackpool FC, in his action claiming unfair prejudice. The Companies Court found that the company’s majority shareholders had wrongly paid themselves disguised dividends, in the form of nearly £25m of excessive remuneration and uncommercial intra-group loans following Blackpool’s promotion to the Premier League, while excluding the Petitioner from management. The Court ordered a buyout of the Petitioner’s shares for £31m, basing this valuation on giving effect to an informal ‘gentleman’s agreement’ that the Petitioner was to be treated as an equal shareholder, notwithstanding his formal holding of only a 20% stake.

Andrew acted for the Claimant in a dispute concerning the sale by Nokia Corporation of the ‘Vertu’ luxury mobile phones business. The Claimant claimed that warranties were breached in the share purchase agreement and the principal sum claimed exceeds £100m. The Defendants counterclaimed, alleging amongst other things, a conspiracy to defraud.

Acted for the Claimant, a prominent Russian businesswoman, in a 3-week Commercial Court. The claim was for around E100m, arising from a joint venture agreement relating to Moroccan property. The case involved claims in deceit, breach of contract and breach of fiduciary duty

Andrew acted for the claimant property investors in an action alleging breach of contract and economic torts in connection with the ownership of a multi-billion euro property asset.

Acted successfully for H&M (at the remedies hearing following a trial conducted by patent barristers). Andrew persuaded the Court to refuse to grant an injunction against H&M to restrain it from breaching the Claimant’s patents by using fusible yarn in its bras, notwithstanding that the Claimant had been successful at trial in demonstrating a breach of the patents.

Andrew acted for Alkem, an Indian company, in successfully resisting a challenge by a Peruvian company to a partial award on jurisdiction under s. 67(1), Arbitration Act 1996. Issues included whether Alkem submitted to the jurisdiction of the Peruvian courts and, if so, whether the judgments of those courts should be recognized in the England under s.32, CJJA 1982.

Andrew acted successfully for a husband in a matrimonial dispute on a discrete issue of legal professional privilege. The issue was when does an approach made by a client to barristers and solicitors for a recommendation as to legal representation attract legal professional privilege. 

Andrew acted, successfully, for the claimant in this 4 week Chancery Division trial. It was a trust dispute between two sides of a Taiwanese family fighting for control of a valuable piece of land in Taiwan.

Acted successfully, both at trial and in the Court of Appeal, for the defendant, a leading insurance group, in Commercial Court proceedings relating to commission claimed by a major trade union under an “affinity” marketing scheme.  

Acted successfully for Sapporo Breweries at both the trial of this action and in the Court of Appeal (Lupofresh’s appeal). The case arose out of a series of renegotiated contracts for the sale by Sapporo of brewing hops. Lupofresh sought to set aside the contracts on the grounds of economic duress, intimidation, anticipatory repudiatory and misrepresentation. Of particular legal interest is the confirmation by the CA that Art. 8(2) of the Rome Convention relates only to the existence, and not to the validity, of consent under a contract. This issue was due to be heard by the Supreme Court in February 2015, but the case settled shortly before the hearing.

Acted for claimants seeking substantial damages from a Bank and an IFA on the basis of negligent advice, negligent misrepresentations and breach of various rules contained in the FCA Handbook relating to a complicated investment scheme. The case settled on Day 10 of a 4 week trial (during the third day of Andrew’s cross-examination of the principal bank witness).

Andrew acted successfully for the defendant in this trial. The dispute related to the construction of a property management agency agreement between the claimant investment manager and the Luxembourg-domiciled defendant. The principal issue was whether the agent (claimant) was subject to the control of the principal (defendant) when performing its contractual services. 

Acted in a trust dispute brought in the Cayman Islands by a Russian businessman and former politician against a trust company.  

Acted (until shortly before trial) for the principal defendants, being a senior banker, his wife and their company, resisting a claim for c.$180 million. 

Acted for the RFU (in the High Court) in successfully obtaining a Norwich Pharmacal order requiring a well-known website platform to disclose the identities of those selling tickets for, among others, Six Nations matches at Twickenham. The case subsequently went to the Court of Appeal and Supreme Court. 

Andrew is acting for a well-known Russian businessman whose defence of a claim brought against him by one of Russia’s leading oligarchs for in excess of US$100m is based on an oral fraudulent misrepresentation.  

Andrew acted for the private equity buyers of a European bank in relation to a dispute about the terms and operation of an SPA indemnity. The case settled shortly prior to the final hearing.

Andrew acted for the owner of a well known old master art collection, suing a well-known UK dealer for alleged mis-representation as to the provenance of two old master paintings. 

Andrew sat on the independent Rule K Arbitral Tribunal in this legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic.

Acted for the Respondents in a c.€100m dispute between shareholders of a mining company in Sub-Saharan Africa, and a claim against its director and shareholder under a guarantee (with Andrew Green QC and Peter Head).

Acted for Mauritanian telecommunication provider suing its equipment and services provider for renunciation of contract. 

This case was brought to Andrew at the last minute against a large team who had been on the case for a number of years.

Acting for an Indian company seeking over US$2 billion from the Respondent in an oil and gas dispute arising from a profit sharing agreement relating to an India offshore development.

Acting for the respondent IT supplier in a major claim brought by a UK public authority in relation to the provision of a new IT system.

Acting for the defendants and counterclaimants in proceedings alleging mismanagement of an international telecoms group.

Acted for one of Russia’s largest companies in successfully defending a contractual claim arising from the acquisition of an oil company. 

Acted for a bank in a claim for in excess of €100m arising from the disappearance of oil held as security for a loan.

Acted successfully for the respondent, one India’s largest generic pharmaceutical companies, in defending a claim brought by a South African distribution company for the alleged breach of a distribution agreement. The principal issues relate to the construction of the distribution agreement. The claim was for in excess of US$40m. 

Andrew acted for Raytheon, a major US defense contractor, whose contract with the Home Office was terminated shortly after the Coalition Government came to power in 2010. The contract was for the design, development and implementation of the £1bn e-Borders IT system, a complex system to be operated by the UK Border Agency. Contractual milestones were missed as a result of which the contract was terminated. The central issue was which contracting party was responsible for the missing of the milestones. Raytheon sought damages in excess of £500m, and the Government advanced a cross-claim for a slightly lower sum. Raytheon won. The award was the subject of front page news in August 2014. 

Acted for a substantial Indian company in a dispute relating to a joint venture with a German company. The claims and counterclaims are each for around €100m.

Acted, successfully, for the claimant seeking payment of a substantial success fee following its sale of a Ukrainian gas company. The principal issues were whether, as a matter of construction of the contract, a success fee was payable only in the event of the direct sale of the gas company or whether an indirect sale also triggered the success fee; and when a transaction was “completed” within the meaning of the contract. 

Andrew is currently instructed by Jorge Lopez in market abuse disciplinary proceedings.

Andrew acted for the private equity buyers of a European bank in relation to a dispute about the terms and operation of an SPA indemnity. The case settled shortly prior to the final hearing.

Andrew is acting for AXA in this claim for over £600m in respect of historic mis-selling liabilities. Santander’s strike out application was rejected in July 2022.

Andrew acted for the Defendant in a landmark test case on the potential liability of an execution-only SIPP provider (D) to an investor (C) whose underlying investment in the SIPP sustained significant losses. The Court held that D was not liable for such losses.

Andrew acted for the LSE in opposing a Norwich Pharmacal application brought by Burford arising out of an alleged short-selling attack on it shares in August 2019.

Andrew acted for a financial services company in defence of claims alleging dishonest assistance and under section 213 of the Insolvency Act 1986, in connection with an alleged Missing Trader Intra-Community (MTIC) VAT fraud in the carbon credits market.

Acting for the LSE in disciplinary proceedings to be brought against an AIM regulated company.

Andrew is acting for a major hedge fund in relation to an ongoing FCA investigation for market manipulation.

Andrew advised the target of a hostile takeover on various provisions of FSMA relating to the issue of prospectuses and supplemental prospectuses.

Acted for AXA in a claim for over £500m, relating to historic Payment Protection Insurance mis-selling, from the vendor of subsidiary insurance businesses. AXA struck out the defendant's Part 20 counterclaim as an abuse of process, before prevailing at subsequent liability and quantum hearings involving issues of contractual construction and subrogation, and expert evidence on market practice.

Andrew acted for Taveta in seeking an interim injunction restraining the FRC from publishing a settlement document agreed with Taveta's auditors. The basis of the application was that the FRC had acted in breach of the duty of fairness in not affording Taveta's management any 'Maxwellisation' rights. The Court accepted the arguability of Taveta's arguments (this being the first case in which the High Court has, even on an interim basis, found an arguable breach of the duty to afford a third party  'Maxwellisation' rights), and granted permission to judicially review the FRC. The interim injunction was not granted on the grounds that the "exceptional circumstances" test was not satisfied (although the Judge expressed "serious reservations" that the test was too onerous). 

Acted for the LSE in disciplinary proceedings brought against a NOMAD firm in relation to the AIM market. It is one of the most significant actions yet brought by the LSE in relation to the AIM market.

Andrew is the author of the “Report into the FSA’s enforcement actions following the failure of HBOS”, published on 19 November 2015 (alongside a report entitled “The failure of HBOS plc (HBOS)”). His interview by the Treasury Select Committee interview can be found here.

Andrew acted for a high-profile former senior banker against whom the FCA issued a Warning Notice. He appeared before the RDC on the matter.

Andrew acted for the FRC in bringing formal complaints against a group of accountants, actuaries and auditors relating to claims reserving processes.

Andrew acted for Bruno Iksil (a former JP Morgan employee referred to in the Press as ‘The London Whale’), who was the subject of an FCA investigation into allegations of a breach of Principles 2 and 5. This arose out of a series of trades which ultimately lost JP Morgan in excess of US$6 billion. The FCA discontinued the investigation against Mr Iksil following the response to its PIR produced by Mr Iksil’s legal team.

Andrew ccted for a company and two directors facing a claim by the FCA for injunctive relief restraining the ongoing promotion of an investment scheme. The key issue is whether the scheme is a collective investment scheme within the meaning of section 235, FSMA 2000. This is one of the first cases in which the English court has considered the meaning of various elements of the definition of a CIS under section 235. The FCA won at first instance and in the Court of Appeal on the meaning of ‘managed as a whole’.  

Acted for claimants seeking substantial damages from a Bank and an IFA on the basis of negligent advice, negligent misrepresentations and breach of various rules contained in the FCA Handbook relating to a complicated investment scheme. The case settled on Day 10 of a 4 week trial (during the third day of Andrew’s cross-examination of the principal bank witness).

Acted for a former CEO at UBS to advise in relation to his attendance before the Parliamentary Commission on Banking Standards.

Acted for the Dubai FSA in the first ever case before the Dubai Financial Markets Tribunal. 

Andrew acted for the FSA (before the RDC) in one of the highest profile market abuse/insider dealing cases yet brought by the FSA. In this case, the FSA imposed a substantial fine against one of the best-known hedge fund managers in the US, Greenlight run by David Einhorn, for (non-deliberate) market abuse/insider dealing. Fines were imposed on both Greenlight and Einhorn (for a total sum of £7.2 million), with Einhorn receiving the second-largest ever fine imposed by the FSA on an individual for market abuse. The inside information was provided to Einhorn/Greenlight during a call with the management of Punch Taverns, a company in which Greenlight held 13% of the shares, and related to an intended equity issuance by Punch. Following the call, Einhorn instructed the sale of Greenlight’s shares in Punch.

Andrew is acting for a well-known Russian businessman whose defence of a claim brought against him by one of Russia’s leading oligarchs for in excess of US$100m is based on an oral fraudulent misrepresentation.  

Andrew is acting for a state-owned Eastern European company seeking to recover hundreds of millions of pounds awarded under various arbitral awards against various Defendants.

Andrew acted for HSBC in this substantial claim brought by hundreds of investors against the promoters of the Ingenious film and game schemes, and against various banks (including HSBC) and other intermediaries. The claims against HSBC included claims for unlawful means conspiracy and dishonest assistance. This action, which settled in April 2022, was one of the largest claims in the Chancery Division.  

Andrew acted for the Claimant in a dispute concerning the sale by Nokia Corporation of the ‘Vertu’ luxury mobile phones business. The Claimant claimed that warranties were breached in the share purchase agreement and the principal sum claimed exceeds £100m. The Defendants counterclaimed, alleging amongst other things, a conspiracy to defraud.

Acted for the Claimant, a prominent Russian businesswoman, in a 3-week Commercial Court. The claim was for around E100m, arising from a joint venture agreement relating to Moroccan property. The case involved claims in deceit, breach of contract and breach of fiduciary duty

Andrew is acting for the Defendant, HSBC, in a claim for over £100m brought by a group of over 300 investors in a series of filming financing schemes known as the Eclipse Partnerships, which HMRC ruled were unlawful tax avoidance vehicles. The causes of action include deceit, unlawful means conspiracy and dishonest assistance. 

Acted (until shortly before trial) for the principal defendants, being a senior banker, his wife and their company, resisting a claim for c.$180 million. 

Acted for AXA in a claim for over £500m, relating to historic Payment Protection Insurance mis-selling, from the vendor of subsidiary insurance businesses. AXA struck out the defendant's Part 20 counterclaim as an abuse of process, before prevailing at subsequent liability and quantum hearings involving issues of contractual construction and subrogation, and expert evidence on market practice.

Andrew is acting for a number of Premier League football clubs in claims brought under policies of insurance for business interruption arising from the COVID-19 pandemic.

Acted successfully, both at trial and in the Court of Appeal, for the defendant, a leading insurance group, in Commercial Court proceedings relating to commission claimed by a major trade union under an “affinity” marketing scheme.  

Acted for the claimant, one of India’s largest companies, in what was reputedly the largest ever Indian domestic arbitration. The claim was for significantly over US$500m under a material damage and business interruption insurance policy. The claim, which arose out of cyclone damage to an oil refinery, was arbitrated in Mumbai and the substantive hearing lasted over 3 months. 

Acted (2009-2010) for AXA in a series of arbitrations against XL arising out of a billion dollar whole account excess of loss reinsurance programme.

Acted for the sellers of a cattle B2C online gambling business in relation to various disputes arising from the share purchase agreement. 

Acted for the second and third defendant in this dispute concerning ownership and infringement of intellectual property in the well-known “James Pond” and “Creatures” computer games.

Acted for Ray Dorset (Mungo Jerry) in an accounting claim relating to “In the Summertime”.

Acted for Chris Blackwell in a claim brought by Steve Winwood for a share of the profits from his sale of “Island Records”.

Acted for KJ’s former manager in a dispute over post-termination commission.

Andrew sat on the independent Rule K Arbitral Tribunal in this legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic.

Andrew acted for a Worcester Warriors player who was disciplined by the RFU for a tip tackle. 

Acted successfully for TFL in resisting an injunction made by a team in the League in relation to TFL’s broadcasting contract.

Andrew acted for the successful Petitioner, the former President of Blackpool FC, in his action claiming unfair prejudice. The Companies Court found that the company’s majority shareholders had wrongly paid themselves disguised dividends, in the form of nearly £25m of excessive remuneration and uncommercial intra-group loans following Blackpool’s promotion to the Premier League, while excluding the Petitioner from management. The Court ordered a buyout of the Petitioner’s shares for £31m, basing this valuation on giving effect to an informal ‘gentleman’s agreement’ that the Petitioner was to be treated as an equal shareholder, notwithstanding his formal holding of only a 20% stake.

RFU advisory work relating to the Rugby World Cup in October 2015.

Acted for the RFU in disciplinary proceedings brought against Richard Cockerill, director of rugby at the Leicester Tigers. 

Andrew acted for Alan Pardew, manager of Newcastle FC, in disciplinary proceedings brought against him. 

Acted for the RFU (in the High Court) in successfully obtaining a Norwich Pharmacal order requiring a well-known website platform to disclose the identities of those selling tickets for, among others, Six Nations matches at Twickenham. The case subsequently went to the Court of Appeal and Supreme Court. 

Acted for the RFU in a claim brought by London Welsh challenging the legality of the RFU’s rule requiring clubs to have “primacy of tenure” in order to be eligible for promotion. The rule was found to be an anti-competitive restraint being unnecessary/disproportionate for the aims of settling a stable fixture list to maximise broadcast revenue.  

Acted for BCFC in its dispute with Alex McLeish relating to the termination of his contract as manager of BCFC.

Andrew acted for the owner of a well known old master art collection, suing a well-known UK dealer for alleged mis-representation as to the provenance of two old master paintings.