Andrew Scott KC

Leading Counsel for a group of Defendants in this high-profile multi-billion US$ civil fraud case arising from the financing of infrastructure projects in the Republic of Mozambique. The case involves allegations of bribery and the validity of guarantees given by the Republic. Various reported decisions have already been given and the case was tried over 12 weeks in 2023.

Leading Counsel for Defendant entities within the Cerberus group resisting claims for EUR365 million brought by one of Spain's largest banks under investment agreements and guarantees

Leading Counsel for the Claimant sellers pursuing claims arising out of the termination of SPAs in respect of Brazilian mining assets under which in excess of US$1 billion was payable. A 5 week trial is due to take place in 2024.

Lead counsel for Defendant directors of a Moroccan oil refinery in claims for in excess of US$120 million in respect of alleged fraud and breach of duty under foreign law. The case is to be tried over 5 weeks in January 2021.

Lead counsel for one of the main defendant groups in this US$280m+ civil fraud case arising from alleged forgery in the context of metal trades.

Sole counsel for Claimant investment fund in claims for damages and declarations of non-liability in respect of the Defendants' Luxembourg proceedings seeking damages of around EUR 68 million. Successfully resisted the Defendants' application to contest jurisdiction following which the dispute settled.

Acting (with Lord Pannick QC) for the Danish customs and tax administration in its appeal in respect of a Commercial Court judgment striking out its claims as contrary to the "revenue rule" ([2021] 1 WLR 4237). In February 2022, the Court of Appeal held that this is not a Revenue claim and can therefore be pursued in the courts of this jurisdiction.

Sole counsel for one of the Defendants in claims for approximately US$1.2 billion arising out of the breakdown in marital relations between a Russian couple and the death of one of the spouses.

Acting (with Monica Carss-Frisk QC) for the Claimant in this dispute concerning the enforceability of a US judgment for US$78 million. The case is a leading authority on the enforceability of foreign judgments and the grant of anti-suit/anti-enforcement relief. The case is presently before the Supreme Court.

Acting for the intervening oil trader in multi-million US$ claims under a cross-undertaking in damages and resisting counterclaims for alleged intentional wrongdoing in breach of Russian law.

Sole counsel for former Governor of the Central Bank of Ukraine acting on her successful application for summary dismissal of the claims against her for alleged unlawful means conspiracy and other intentional wrongdoing on grounds of state immunity, foreign act of state, and as having no real prospect of success.

Lead counsel for the Claimants in their claims for US$12 million damages arising out of alleged breaches of by the Defendant of his directorial duties.

Acting for financial service provider in respect of claims in the Commercial Court for relief in respect of a dispute arising under a letter of engagement and the commencement and continuance of foreign proceedings regarding it. The case is among the first to consider the new lis pendens rule under Article 31(2) of the Brussels I Recast Regulation.

Acting (with Andreas Gledhill QC) for bondholers in a dispute with entities subject to Brazilian insolvency proceedings, including in English proceedings before the Chancery Division and in London arbitration. In the former, Snowden J gave what is the first judgment to consider duties of full and frank disclosure in recognition applications under the Cross-Border Insolvency Regulations [2016] EWHC 25 (Ch), [2016] Bus LR 121. 

Acted (with Andrew Green QC) for the respondent in successfully resisting a challenge to an arbitral award, the case giving rise to issues concerning submission to the jurisdiction and waiver of rights under an arbitration agreement in the context of foreign proceedings brought in breach of such agreement. 

Acting for the defendant in this jurisdiction challenge, including on grounds relating to personal service. Phillips J’s judgment is the first reported case to consider the requirements of personal service in the context of foreign defendants, who do not speak or understand English. The case is presently on appeal to the Court of Appeal.

Acting for the individual known as Person B in these high profile Commercial Court proceedings in which the LIA seeks relief in respect of an alleged fraudulent and corrupt scheme in connection with Gaddafi-era trades (with Andrew Hunter QC). There are “confidentiality club” orders are in place by reason of the security situation in Libya. 

Acting for the respondent in successfully resisting arbitration claims challenging an LCIA arbitration award ordering payment of sums in excess of US$72 million (with Alan Maclean QC). The claims were dismissed following trial over 5 days. See also, dealing with interim relief at an earlier stage of the proceedings: Y v S [2015] 1 Lloyd's Rep 703.

Acting for the “anchor” defendant resisting claims in excess of US$600 million (with Andrew Hunter QC). The defendants’ jurisdiction challenge was heard over 5 days in July 2014, and substantially upheld on the ground that the principal claim (>US$500 million) was unarguable. The case is presently on appeal to the Court of Appeal.

Acting for the claimant in claims for damages against a German law firm for inducing the claimant’s former clients to sue in Germany, in breach of contractual terms providing for English law and jurisdiction (with Thomas de la Mare QC). The case is the leading domestic authority on the application of Article 5(3) of the Brussels I Regulation to claims for inducing breach of contract. The case is presently on appeal to the Supreme Court.

Acting for the claimant employee in a cross-border dispute with his former employer (with Paul Goulding QC). The case is the leading authority on the English Court’s jurisdiction in cross-border employment disputes and its power to grant anti-suit relief to protect weaker parties (such as employees) under the Brussels I Recast Regulation. The case is presently on appeal to the Supreme Court.

Acting as sole counsel for the claimants in this dispute arising from the abortive sale of Sheffield Wednesday Football Club. The Commercial Court (by summary judgment) upheld the claimants’ case on liability and a claim to recover a £1,000,000 sponsorship fee. Following an assessment of damages hearing November 2015, damages in excess of £10,000,000 were awarded.

Acted for the claimant bank in multi-million US$ claims against Kuwaiti defendants, arising out of an Islamic finance facility (with Robert Anderson QC). The defendants’ jurisdiction challenge was successfully resisted at first instance.

Acting for the Central Bank of Laos in successfully discharging on state immunity grounds a freezing order affecting its assets (with Robert Howe QC).

Acted for the claimant oil company, seeking to recover approximately US$400 million misappropriated monies, in response to an appeal against HHJ Mackie QC’s decision on jurisdiction over co-defendants under Article 6(1) of the Brussels I Regulation (with Andrew Hunter QC).  

Acted for the claimant in a major dispute arising from a joint venture in the hospitality sector. The dispute gave rise two LCIA arbitrations, proceedings in Switzerland, and various proceedings in the Caribbean, involving complex issues of contractual construction and company law (with Ian Mill QC, Robert Anderson QC, Shaheed Fatima, and Tom Mountford).

Until shortly before trial, acted for the principal corporate defendant in multi-million US$ claims arising out of infrastructure development projects in Djibouti (with Andrew Hunter QC).

Until shortly before trial, acted for the principal defendants, being two traders, their wives and companies, resisting claims for approximately US$180 million (with Andrew Green QC and Robert Weekes).

Junior Counsel for BlackRock successfully resisting a challenge to the validity of a US$850 million Islamic finance transaction. The case involved various complex cross-border issues as well as several applications for anti-suit injunctive relief in which Andrew acted as sole junior Counsel.

Acted for sukuk holders in these Financial List proceedings regarding enforcement of an $850 million Islamic finance transaction. Andrew appeared on various applications for interim anti-suit and other injunctive relief, including as sole Counsel in a successful application for an order restraining the debtor from paying a US$95 million dividend

Acted for applicants in successful application to discharge a recognition order made under the Cross-Border Insolvency Regulations 2006 on public policy and material non-disclosure grounds.

Acted for applicant bondholders in a successful application to discharge or vary a recognition order made under the Cross-Border Insolvency Regulations 2006 in respect of Brazil’s largest corporate insolvency. The case is the leading  authority on officerholders’ duties of full and frank disclosure and fair presentation in applications for recognition.

Acted for provisional liquidators appointed in a Singaporean insolvency in respect of English proceedings, including in connection with applications to vary a freezing order and for recognition under the Cross-Border Insolvency Regulations 2006.

Acting as sole counsel for a yacht owner in respect of a multi-million Euro dispute arising from the termination of a refit agreement. 

Acting for a charterer in respect of dispute arising from a “holiday charter”, resisting claims for hire based on a counterclaim for damages in respect of loss of the value of the charter and/or loss of amenity and enjoyment.

Acting for the insured in a US$50 million claim under a liability insurance policy written on the Bermuda Form (with Andrew Hunter QC).

Acted for the successful claimant (a US public corporation) in a US$250 million series of liability insurance claims against major Bermudian insurers (with Andrew Hunter QC). One case settled, the others went to trial (each of 4 weeks). In addition to assisting with written submissions, Andrew cross-examined various expert witnesses.

Acted as sole counsel for property investment fund in respect of a multi-million Euro dispute arising from a Croatian property development. The trial took place over 5 days and involved allegations of fraud and complex issues of Croatian law.

Acted for a manufacturer defending a claim for approximately US$40 million brought by distributor (with Andrew Green QC). In addition to assisting with written submissions, Andrew cross-examined the distributor’s principal expert witness.

Acted as junior counsel for a property developer against a well-known investment bank in respect of multi-million US$ dispute under complex finance documentation. 

Acted for reinsured in this substantial reinsurance claim arising out of the destruction of a US naval dockyard by Hurricane Katrina (with Andrew Hunter QC).

Andrew was instructed as juge rapporteur to the Tribunal in this substantial investment treaty arbitration.

Acted (with Brian Kennelly QC) for the Bank of England in this dispute between rivals claiming to represent the Central Bank of Venezuela. The case is a leading authority on the "one voice" principle.

Acted (with Tim Otty QC) for the Claimant in this dispute concerning recognition of rivals appointees as Chairman of the Libyan Investment Authority. The case is a leading authority on the "one voice" principle.

Sole counsel for former Governor of the Central Bank of Ukraine acting on her successful application for summary dismissal of the claims against her for alleged unlawful means conspiracy and other intentional wrongdoing on grounds of state immunity, foreign act of state, and as having no real prospect of success.

Acting for the defendant, a former head of state, in successfully resisting English jurisdiction on grounds of state and diplomatic immunity (with Lord Pannick QC and Monica Carss-Frisk). The decision is among the leading cases on the principles applicable to the determination of an individual’s status as “diplomatic agent” and Blake J’s analysis (adopting in this regard the defendant’s submissions) was upheld by the Court of Appeal in W v H [2016] EWCA Civ 176.

Acting for the Central Bank of Laos in successfully discharging on state immunity grounds a freezing order affecting its assets (with Robert Howe QC).

Advising (with Lord Pannick QC) on the enforceability of a foreign tax assessment under mutual assistance regimes and international law principles of extraterritoriality.

Acting as junior counsel for claimants in claims before the Chancery Division of alleged misrepresentation and breach of contract in connection with a tax planning scheme challenged by HMRC (with Sam Grodzinski QC and Tom Cleaver).

Acting as junior counsel for the Financial Reporting Council in proceedings under its Accountants and Actuaries Schemes (with Andrew Green QC, Andrew George QC, and Flora Robertson).

Acting as junior counsel in connection with a proposed shareholder class action under s. 90/90A FSMA based on findings in US regulatory proceedings (with Andrew Hunter QC and Tom Coates).

Advising a regulated individual regarding the enforceability in England of one of the largest regulatory fines imposed by the SEC on an individual trader (with Andrew Green QC).

Acted for the claimant owners of copyrights in Lennon/McCartney songs in their successful claims for copyright infringement arising from the production of a documentary "The Beatles: The Lost Concert" (with Ian Mill QC). 

Acted for the principal defendants in this dispute concerning ownership and infringement of intellectual property in the well-known “James Pond” and “Creatures” computer games (with Andrew Green QC).

Acted for the claimant in this claim arising from termination of an agency agreement.

Acting for a composer in respect of claims arising from the wrongful termination of his engagement to provide the soundtrack and score for a Christmas movie.

Acting for the band resisting a claim brought by former tour crew, which settled at the start of a trial listed for 5 days.

Assisting a major record label in a review of artists’ contracts, in the course of which Andrew gained experience of a wide range of recording, management, and other music industry contracts.

Sole Junior Counsel for the claimant owners of copyrights in Duran Duran songs in their successful claims for declarations that the band have severed copyright termination notices under the US agreement in breach of contract.

The case generated significant market and media interest: e.g. Ian Mill QC stared as Lawyer of the Week in The Times for this case.

Counsel for the Defendants (Paolo Branco and his company) in respect of this dispute arising from the production of The Man Who Killed Don Quixote