Andrew Shaw +44 (0)20 7696 9900 andrewshaw
@southsquare.com




Practice Managers

Andrew Shaw

Andrew Shaw Andrew Shaw

Andrew Shaw

Called to the Bar 2013
+44 (0)20 7696 9900
andrewshaw@southsquare.com
Andrew Shaw
Called to the Bar 2013

Andrew’s main areas of practice are insolvency/restructuring, commercial litigation, banking disputes, company law and civil fraud.

Much of Andrew’s work has an international component and he has been instructed in a number of complicated commercial disputes that have occurred within the context of a cross-border insolvency. High profile cases in which he has been instructed in recent years include LBI v Rabobank International, AHAB v Saad Investments Company Ltd and Robert Tchenguiz v Grant Thornton LLP.

Andrew has significant experience of commercial litigation, applications under the Insolvency Act 1986 and applications under the Companies Act 2006. He regularly appears in both the High Court and the County Court as sole counsel.

Andrew is a co-author of Corporate Administrations and Rescue Procedures and has been selected as a contributor to the forthcoming edition of Rowlatt on Principal and Surety. He has also contributed to Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings.

Before qualifying as a barrister, Andrew served as a Royal Marines officer for ten years, leaving as a major.

AREAS OF PRACTICE


Andrew carries out advocacy and advisory work across all of Chambers’ practice areas and frequently appears in both the High Court and the County Court.

Insolvency and Restructuring

Recent cases include:

  • Re Mikhail Shlosberg, application under s.366 of the Insolvency Act 1986
  • Long v Nicholson, void transaction under s.284 of the Insolvency Act 1986
  • Re Ve Interactive Limited [2018] EWHC 186 (Ch), removal of administrators under paragraph 88 of the Insolvency Act 1986
  • Re PAC Flooring Ltd, transaction at an undervalue and preference claim
  • Re Satellite Services (a firm), enforcement of a call by liquidators 
  • Crystal Palace FC v Tony Pulis, bankruptcy petition
  • Re Scotia Holdings Plc, discharge of a pre-Enterprise Act 2002 administration order
  • Re FAI General Insurance Company Ltd, termination of a provisional liquidation
  • Kean v Lucas [2017] BCC 311, request for a direction not to summon a creditors’ meeting requested by creditors
  • Re a Company (CR-2016-008600), restraint of presentation of a winding up petition
  • Advising on whether an order under the Children Act 1989 is a transaction at an undervalue
  • Advising the liquidator of an unlimited company on settling the list of contributories and making a call
  • Kean v Lucas [2016] EWHC 2684 (Ch), request for a creditors’ meeting to remove a liquidator
  • Re NSM Plc, discharge of pre-Enterprise Act 2002 administration order and sanction of a distribution by the administrators
  • Re Samsun Logix Corporation, recognition application under the Cross-Border Insolvency Regulations 2006
  • In re a Company (No. 4741 of 2015), restraining advertisement and striking out a winding up petition
  • Re Nortel Networks, appointment of a conflicts administrator
  • Sanko Holdings Co, Ltd v Glencore Ltd [2015] EWHC 1031 (Ch) (with Tom Smith QC), remission of monies abroad under the Cross-Border Insolvency Regulations 2006
  • Acting as junior counsel (with Simon Mortimore QC) in relation to the production of an expert opinion for the New York Courts on schemes of arrangement and CVAs

 Advising and/or appearing in relation to:

  • Winding up petitions (including disputed debt petitions and contributories’ petitions)
  • Validation orders
  • Applications under the Cross-Border Insolvency Regulations 2006
  • Applications concerning the termination and the extension of administrations
  • Bankruptcy petitions
  • Setting aside statutory demands
  • Bankruptcy annulment applications
  • Possession applications made by trustees in bankruptcy
  • Preference and transaction at an undervalue claims
  • Applications under s.236 and s.366 of the Insolvency Act 1986
  • Individual voluntary arrangements
  • Company voluntary arrangements
  • Calls by liquidators

Banking and Finance

Recent cases include:
  • Re Olympia Securities Commercial Plc [2017] EWHC 2807 (Ch), construction of various facility and security documents
  • Advising on the enforceability of a personal guarantee
  • Acting as junior counsel (with David Allison QC) in relation to a dispute over the rectification / construction of an agreement
  • GSO Credit – A Partners LP v Barclays Bank Plc [2016] EWHC 146 (Comm) (with Tom Smith QC), first judgment in the new Financial List, construction of LMA standard terms in relation to sale of commitment under a surety bonds facility
  • LBI hf v Rabobank International (with William Trower QC and Georgina Peters), dispute over the settlement of trades under a 1992 ISDA Master Agreement
  • Acting as junior counsel in a dispute over the settlement of trades under a GMRA 2000 (with Tom Smith QC)

Commercial Litigation and Arbitration

Recent cases include:

  • Advising on effect of back-to-back retention of title clauses (with David Allison QC)
  • Re Satellite Services (a firm), enforcement of a judgment debt by charging orders and third-party debt orders
  • V8 Gourmet (Moorgate) Ltd v Underwood & Co, dispute over a solicitors’ lien
  • Dunhill v Hughmans, appeal against a costs order
  • Funding Circle Ltd v Dunville, strike out of a defence to a claim under a peer-to-peer lending agreement
  • VSA Capital Ltd v Smith, application to set aside default judgment on a claim under a financial services agreement
  • The Bank of Tokyo-Mitsubishi UFJ Limited v The Owners of the MV Sanko Mineral [2014] EWHC 3927 (Admlty) (with Tom Smith QC), treatment of sale proceeds of a vessel
  • Trapeze Music and Entertainment Ltd v Duckett, dispute arising from a joint venture agreement
  • Acting as junior counsel (with David Allison QC) in a contractual dispute concerning the sale of commodities

Company

Recent cases include:

  • Re Lynx Property Management Ltd, misfeasance claims against a company director
  • Re National Australia Bank Ltd, rectification of the register of companies
  • Re James Property Portfolio Ltd, restoration of a company to the register and rectification of its register of members
  • Re Modus Care Ltd, rectification of the charges register
  • Zavarco v Morstan Nominees Ltd & Ors, application to apply restrictions to shares
  • Advising or appearing in relation to:

    • unfair prejudice petitions
    • misfeasance claims against directors
    • restoration of companies to the register
    • procedure for proposing and passing written resolutions
  • Assisting in the drafting of a share subscription agreement

Civil Fraud and Asset Recovery

Recent cases include:

  • Tchenguiz v Grant Thornton UK LLP (with David Allison QC and Henry Phillips, involvement ongoing), claim for unlawful means conspiracy
  • Willmont v Shlosberg (with Paul McGrath QC and David Davies, involvement ongoing), claim by trustees in bankruptcy that bankrupt beneficially owns various assets legally owned by other entities
  • Asuquo v Gbajabiamila (involvement ongoing) claim that a registered charge is a sham or a transaction defrauding creditors
  • AHAB v Saad Investments Company Ltd & Ors (with Michael Crystal QC, Mark Phillips QC and Marcus Haywood), multi-billion dollar fraud claim
  • Acting as junior counsel (with Barry Isaacs QC) in relation to the production of an expert opinion for the New York Courts on s.423 of the Insolvency Act 1986

International and Offshore

  • Advising in relation to Guernsey companies in administration in England
  • Advising in relation to contempt of court proceedings brought in Guernsey
  • Acting as junior counsel (with Michael Crystal QC, Mark Phillips QC and Marcus Haywood) in AHAB v Saad Investments Company Ltd & Ors  (in liquidation in the Cayman Islands)
  • Has worked on matters involving the laws of Jersey, Guernsey, the Cayman Islands, the British Virgin Islands, Gibraltar, Korea, Japan, the United Arab Emirates, Saudi Arabia, Switzerland, Luxembourg and Austria
  • Frequently instructed on cases in the English Courts that give rise to conflicts of laws points

Insurance

Recent cases include:

  • Advising on the effect of bankruptcy / entry into an individual voluntary arrangement of the insured on the liability of insurers under professional indemnity policies (with Barry Isaacs QC)
  • Assisting in the preparation of advice on the availability of set-off as a defence to subrogated claims for a contribution in relation to various asbestos-related payments

Trusts and Property

Recent cases include: 

  • Akanbi v Akanbi, summary judgment on claim asserting a beneficial interest in a property
  • Willmont v Shlosberg [2017] EWHC 428 (Ch) (with Paul McGrath QC and David Davies), proprietary injunction obtained by trustee in bankruptcy
  • Advising on the powers of receivers under a legal charge
  • Advising on the liability of a company in administration for sums paid to it in breach of trust
  • Long v Gardner, enforcement of a Proceeds of Crime Act confiscation order
  • Advising on the validity of receivers’ appointments
  • Advising and appearing in relation to a claim for a declaration of the beneficial owners of several properties
  • Acting as junior counsel (with Tom Smith QC) in relation to the winding up of an insolvent trust

Pro Bono

  • Asuquo v Gbajabiamila, enforcement of a charging order
  • Asuquo v Gbajabiamila, (involvement ongoing) claim that a registered charge is a sham or a transaction defrauding creditors

CAREER

2013 Called to the Bar of England and Wales
2001-2011 Royal Marines Officer

MEMBERSHIPS

Chancery Bar Association

Commercial Bar Association

Insolvency Lawyers’ Association (associate member)

INSOL International

Restructuring and Insolvency Specialists Association (Cayman)

PUBLICATIONS

Books

Author of Corporate Administrations and Rescue Procedures (3rd edition, Bloomsbury, 2017) (with William Trower QC, Adam Goodison and Matthew Abraham)

Contributor to Moss, Fletcher & Isaacs, The EC Regulation on Insolvency Proceedings (3rd edition, OUP, 2016)


Articles

Ways to get paid in a sovereign default (2014) 10 JIBFL 629 

The Slender Thread of Modified Universalism after Singularis (2015) 2 JIBFL 74 (with Barry Isaacs QC)

Discharge of debts: how foreign insolvencies may affect English law obligations (2016) 4 JIFBL 210

Case note on Singularis Holdings Ltd v PricewaterhouseCoopers [2014] UKPC 36 and PricewaterhouseCoopers v Saad Investments Co Ltd [2014] UKPC 35; (2015) 12(1) Int CR 3 (with Robert Amey)

Case note on Stephen John Akers v Samba Financial Group [2014] EWCA Civ 1516; (2015) 12(4) Int CR 245

Case note on Philpott v Lycee Francais Charles De Gaulle School [2015] EWHC 1065 (Ch); (2016) 13(3) Int CR 206

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EDUCATION AND QUALIFICATIONS

2012-2013 City University, Bar Professional Training Course, Outstanding
2011-2012 City University, Graduate Diploma in Law, Distinction
1997-2001 Magdalen College, Oxford University, Master of Chemistry, First Class

PRIZES AND SCHOLARSHIPS

Ede and Ravenscroft Prize for best performance on the BPTC (Lincoln’s Inn)
Scarman Prize (City University)
Cholmeley Award (Lincoln’s Inn)
Buchanan Prize (Lincoln’s Inn)
Lord Mansfield Scholarship (Lincoln’s Inn)
BPTC Scholarship for student on the course with the top GDL mark from City University (City University)
Maitland Advocacy Prize (Maitland Chambers)
Lord Haldane Scholarship (Lincoln’s Inn)
Demyship (Magdalen College, Oxford University)

INTERESTS

Skiing, hill-walking, running and reading

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