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Andrew Westwood

Call: 1994

Overview

Andrew is experienced in a broad range of chancery and commercial matters, with a particular emphasis on the areas of expertise mentioned below. He has extensive experience of conducting litigation and has appeared in the full range of domestic courts, in specialist tribunals and in offshore jurisdictions.

Andrew has consistently been recommended in the legal directories and has been described in Legal 500 as “quite simply one of the brightest juniors at the Bar” and by Chambers UK Bar Guide as having “an evident talent for cross-examination”

 

For many years Andrew was one of the Junior Counsel to the Crown and he has acted for and advised a number of government departments in a variety of fields.

Andrew is also called to the Bar of the Eastern Caribbean Supreme Court (British Virgin Islands) and advises and appears in litigation there.

Terms of Business 

The clerks are happy to discuss the basis on which Andrew will act in any given matter. In the absence of express written agreement otherwise, the terms under which Andrew accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.

“Reassuring, knowledgeable, good at anticipating what the Charity Commission is thinking." "Pleasant to deal with and produces clear, practical advice based on good knowledge of the subject.” (2020)

Chambers UK
Charities

“His quality of advice and commitment to service are outstanding and they engender absolute confidence in the client and those instructing him.” (2017)

Chambers UK
Charities

“Very knowledgeable.” (2020)

Legal 500 UK
Charities

“Thorough, logical, measured and persuasive.” (2021)

Legal 500 UK
Offshore

Expertise

Overview

All aspects of both corporate and personal insolvency, including technical issues under the insolvency legislation, transaction avoidance claims, proceedings by and against insolvency practitioners and cross-border issues.  Andrew was instructed by the Official Receiver in relation to various aspects of the insolvency of the Carillion group.

Notable Cases

  • Re Sovereign Hospitals Services Ltd [2018] EWHC 815 (Ch)
  • Stichting Shell Pensioenfonds v Krys [2014] UKPC 41, The Times, 1 January 2015
  • Re Metrocab Ltd [2010] EWHC 1317 (Ch), [2010] 2 BCLC 603
  • Official Receiver v Pyman [2007] All ER (D) 25 (Mar)
  • Barca v Mears [2005] 2 FLR 1, [2005] BPIR 15
  • Chauhan v Inland Revenue [2004] BPIR 862
  • Egleton v Commissioners of Inland Revenue [2004] BPIR 476
  • O’Brien v Commissioners of Inland Revenue [2000] BPIR 306

Overview

Andrew advises and acts in a wide range of company law matters, including shareholders’ rights and the duties of directors. He has particular expertise in the field of directors’ disqualification and has appeared in many contested cases, including those arising out of a number of high-profile corporate failures. Andrew recently acted for one of the directors of the well-known charity, Keeping Kids Company, in the successful defence of disqualification proceedings. Andrew was a contributor to Mithani on Directors’ Disqualification for many years and is now Advisory Editor.

Notable Cases

Overview

Bringing and defending claims based on fraud, conspiracy and dishonesty, often involving applications for interim relief, including freezing orders, search orders and Norwich Pharmacal relief. Andrew was instructed by the liquidators of a number of Madoff feeder funds in connection with various pieces of litigation arising out of the largest Ponzi scheme in history.  He recently acted for the liquidators of a number of companies in their successful multi-million pound claim against accessories based on dishonest assistance, conspiracy and unlawful trading.  He has also acted for H.M. Revenue & Customs in connection with a substantial number of matters concerning Missing Trader Intra-Community Fraud

Notable Cases

  • Bilta (UK) Ltd (In Liquidation) v Tradition Financial Services Ltd [2021] EWCA Civ 221
  • Bilta (UK) Ltd (In Liquidation) v SVS Securities Plc [2021] EWHC 36 (Ch)
  • Bilta (UK) Ltd (In Liquidation) v SVS Securities Plc & Ors [2017] EWHC 135 (Ch)
  • MFT Communications Ltd v HMRC [2014] UKFTT 248 (TC)
  • HMRC v Purple Telecom Ltd [2013] UKUT 49 (TC), [2013] STC 1276
  • Ixes (UK) Ltd v HMRC [2011] UKFTT 586 (TC)
  • Business Management Concepts Ltd v HMRC [2011] UKFTT 520 (TC)
  • HMRC Begum [2010] EWHC 1799 (Ch)
  • Procomm Ltd HMRC [2010] UKFTT 561 (TC)
  • Emblaze Mobility Solutions Ltd v HMRC [2010] UKFTT 410 (TC)
  • Life Enterprises Ltd v HMRC [2009] UKFTT 340 (TC)

Overview

In addition to the particular areas of specialisation above, Andrew has wide experience in all aspects of commercial chancery work, including business disputes (both contractual and non-contractual), partnership, fiduciary obligations and equitable remedies.  He has been described by Chambers & Partners as maintaining “an exceptional commercial chancery practice”. 

Notable Cases

Overview

Andrew is called to the Bar of the Eastern Caribbean Supreme Court (British Virgin Islands) and has appeared before both the High Court and the Court of Appeal there on numerous occasions in relation to insolvency and commercial matters.  He has also advised in relation to such matters in the Cayman Islands and the Channel Islands.  In particular, Andrew has considerable experience of investment funds and has been instructed by the liquidators of a number of feeder funds in connection with various aspects of the fallout from the Madoff fraud and the conduct of the liquidations.  He appeared in the Privy Council in appeals concerned with clawback claims against redeeming investors and anti-suit injunctions.

Notable Cases

  • Stichting Shell Pensioenfonds v Krys [2014] UKPC 41, The Times, 1 January 2015 (anti-suit injunctions in insolvency)
  • Fairfield Sentry Ltd v Migani [2014] UKPC 9, The Times, 1 May 2014 (clawback claims against redeeming investors)
  • Fairfield Sentry Ltd v Farnum Place LLC (litigation arising out of the sale by liquidators of a claim under the US Securities Investor Protection Act)

Overview

Andrew has been recommended in the legal directories for a number of years for his expertise in charity law. He has been described in Chambers UK as having “an outstanding grasp of charity law and corporate know-how” and as being “extremely practical and clear-thinking”. As well as advising and acting for individual charities and charity trustees on a whole range of issues, both contentious and non-contentious, Andrew has also acted for the Attorney General and the Charity Commission on charity matters. In addition, he has lectured and spoken on aspects of charity law and is a member of the Charity Law Association.

Notable Cases

  • Human Dignity Trust v Charity Commission for England and Wales, 2014 (acting for charities interested in Human Dignity Trust’s appeal against the Commission’s refusal to enter it on the register of charities)
  • Attorney General v Charity Commission for England and Wales [2012] UKUT 420 (acting for a number of charities in relation to the Attorney General’s Reference relating to charities for the relief of poverty)
  • Dunsfold Church of England School Trust, 2011 (proceedings in the Charity Tribunal relating to a scheme made by the Commission)

Overview

Andrew has substantial experience in connection with all aspects of contentious trusts and estates, including offshore trusts.  His experience in this field includes trusts in a commercial setting (both express and remedial/ constructive), particularly in the context of fraud and/ or insolvency.

Directory quotes

Chambers & Partners
Charities

“Reassuring, knowledgeable and good at anticipating what the Charity Commission is thinking." "He is pleasant to deal with and produces advice which is always clear, practical and based on good knowledge of the subject.” (2020)

Chambers & Partners
Charities

“Pragmatic, knowledgeable and accessible.” (2019)

Chambers & Partners
Charities

“Very, very user-friendly, and happy to be pragmatic about things. He's a very knowledgable barrister, who doesn't stand on ceremony and has a really client-friendly and easy-going attitude” (2018)

 

Chambers & Partners
Charities

“His quality of advice and commitment to service are outstanding and they engender absolute confidence in the client and those instructing him.” (2017)

Chambers & Partners
Charities

“Maintains an exceptional commercial chancery practice with a prominent focus on charity law issues.”

Chambers & Partners
Charities

“He has been consistently helpful, both in terms of drafting and in his presentation to ourselves and the clients.”

Legal 500
Charities

“Very knowledgeable.” (2020)

Legal 500
Charities

“Very knowledgeable about the case law and the principles in this area.” (2019)

Legal 500
Charities

“A highly rated practitioner.” (2017)

Legal 500
Charities

“Recommended for general Chancery work and his experience in religious charity cases.” (2016)

Legal 500
Offshore

“Thorough, logical, measured and persuasive.” (2021)

Qualifications

  • MA (Oxon)

Recent Publications

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Andrew Westwood

Call: 1994

awestwood@maitlandchambers.com

“Reassuring, knowledgeable, good at anticipating what the Charity Commission is thinking." "Pleasant to deal with and produces clear, practical advice based on good knowledge of the subject.” (2020)

Chambers UK

Charities

Overview

Andrew is experienced in a broad range of chancery and commercial matters, with a particular emphasis on the areas of expertise mentioned below. He has extensive experience of conducting litigation and has appeared in the full range of domestic courts, in specialist tribunals and in offshore jurisdictions.

Andrew has consistently been recommended in the legal directories and has been described in Legal 500 as “quite simply one of the brightest juniors at the Bar” and by Chambers UK Bar Guide as having “an evident talent for cross-examination”

For many years Andrew was one of the Junior Counsel to the Crown and he has acted for and advised a number of government departments in a variety of fields.

Andrew is also called to the Bar of the Eastern Caribbean Supreme Court (British Virgin Islands) and advises and appears in litigation there.

Terms of Business 

The clerks are happy to discuss the basis on which Andrew will act in any given matter. In the absence of express written agreement otherwise, the terms under which Andrew accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.

Qualifications

  • MA (Oxon)

Insolvency & Restructuring

All aspects of both corporate and personal insolvency, including technical issues under the insolvency legislation, transaction avoidance claims, proceedings by and against insolvency practitioners and cross-border issues.  Andrew was instructed by the Official Receiver in relation to various aspects of the insolvency of the Carillion group.

  • Re Sovereign Hospitals Services Ltd [2018] EWHC 815 (Ch)
  • Stichting Shell Pensioenfonds v Krys [2014] UKPC 41, The Times, 1 January 2015
  • Re Metrocab Ltd [2010] EWHC 1317 (Ch), [2010] 2 BCLC 603
  • Official Receiver v Pyman [2007] All ER (D) 25 (Mar)
  • Barca v Mears [2005] 2 FLR 1, [2005] BPIR 15
  • Chauhan v Inland Revenue [2004] BPIR 862
  • Egleton v Commissioners of Inland Revenue [2004] BPIR 476
  • O’Brien v Commissioners of Inland Revenue [2000] BPIR 306

Company, Partnership & LLPs

Andrew advises and acts in a wide range of company law matters, including shareholders’ rights and the duties of directors. He has particular expertise in the field of directors’ disqualification and has appeared in many contested cases, including those arising out of a number of high-profile corporate failures. Andrew recently acted for one of the directors of the well-known charity, Keeping Kids Company, in the successful defence of disqualification proceedings. Andrew was a contributor to Mithani on Directors’ Disqualification for many years and is now Advisory Editor.

Civil Fraud & Asset Recovery

Bringing and defending claims based on fraud, conspiracy and dishonesty, often involving applications for interim relief, including freezing orders, search orders and Norwich Pharmacal relief. Andrew was instructed by the liquidators of a number of Madoff feeder funds in connection with various pieces of litigation arising out of the largest Ponzi scheme in history.  He recently acted for the liquidators of a number of companies in their successful multi-million pound claim against accessories based on dishonest assistance, conspiracy and unlawful trading.  He has also acted for H.M. Revenue & Customs in connection with a substantial number of matters concerning Missing Trader Intra-Community Fraud

  • Bilta (UK) Ltd (In Liquidation) v Tradition Financial Services Ltd [2021] EWCA Civ 221
  • Bilta (UK) Ltd (In Liquidation) v SVS Securities Plc [2021] EWHC 36 (Ch)
  • Bilta (UK) Ltd (In Liquidation) v SVS Securities Plc & Ors [2017] EWHC 135 (Ch)
  • MFT Communications Ltd v HMRC [2014] UKFTT 248 (TC)
  • HMRC v Purple Telecom Ltd [2013] UKUT 49 (TC), [2013] STC 1276
  • Ixes (UK) Ltd v HMRC [2011] UKFTT 586 (TC)
  • Business Management Concepts Ltd v HMRC [2011] UKFTT 520 (TC)
  • HMRC Begum [2010] EWHC 1799 (Ch)
  • Procomm Ltd HMRC [2010] UKFTT 561 (TC)
  • Emblaze Mobility Solutions Ltd v HMRC [2010] UKFTT 410 (TC)
  • Life Enterprises Ltd v HMRC [2009] UKFTT 340 (TC)

Commercial Disputes

In addition to the particular areas of specialisation above, Andrew has wide experience in all aspects of commercial chancery work, including business disputes (both contractual and non-contractual), partnership, fiduciary obligations and equitable remedies.  He has been described by Chambers & Partners as maintaining “an exceptional commercial chancery practice”. 

International & Offshore

Andrew is called to the Bar of the Eastern Caribbean Supreme Court (British Virgin Islands) and has appeared before both the High Court and the Court of Appeal there on numerous occasions in relation to insolvency and commercial matters.  He has also advised in relation to such matters in the Cayman Islands and the Channel Islands.  In particular, Andrew has considerable experience of investment funds and has been instructed by the liquidators of a number of feeder funds in connection with various aspects of the fallout from the Madoff fraud and the conduct of the liquidations.  He appeared in the Privy Council in appeals concerned with clawback claims against redeeming investors and anti-suit injunctions.

  • Stichting Shell Pensioenfonds v Krys [2014] UKPC 41, The Times, 1 January 2015 (anti-suit injunctions in insolvency)
  • Fairfield Sentry Ltd v Migani [2014] UKPC 9, The Times, 1 May 2014 (clawback claims against redeeming investors)
  • Fairfield Sentry Ltd v Farnum Place LLC (litigation arising out of the sale by liquidators of a claim under the US Securities Investor Protection Act)

Charities

Andrew has been recommended in the legal directories for a number of years for his expertise in charity law. He has been described in Chambers UK as having “an outstanding grasp of charity law and corporate know-how” and as being “extremely practical and clear-thinking”. As well as advising and acting for individual charities and charity trustees on a whole range of issues, both contentious and non-contentious, Andrew has also acted for the Attorney General and the Charity Commission on charity matters. In addition, he has lectured and spoken on aspects of charity law and is a member of the Charity Law Association.

  • Human Dignity Trust v Charity Commission for England and Wales, 2014 (acting for charities interested in Human Dignity Trust’s appeal against the Commission’s refusal to enter it on the register of charities)
  • Attorney General v Charity Commission for England and Wales [2012] UKUT 420 (acting for a number of charities in relation to the Attorney General’s Reference relating to charities for the relief of poverty)
  • Dunsfold Church of England School Trust, 2011 (proceedings in the Charity Tribunal relating to a scheme made by the Commission)

Private Client

Andrew has substantial experience in connection with all aspects of contentious trusts and estates, including offshore trusts.  His experience in this field includes trusts in a commercial setting (both express and remedial/ constructive), particularly in the context of fraud and/ or insolvency.