I am a partner in Fox Williams' litigation team. I specialise in complex, cutting edge and high value commercial litigation, with a focus on group actions or 'class actions' for major international finance institutions and sophisticated institutional investors.”
Andrew is an expert in UK securities litigation and group/class actions.
Andrew has been at the forefront of developing securities litigation in the UK since 2014, identifying potential recovery opportunities for shareholders in UK public companies. He drove the launch of the UK’s first such claim against a PLC for issuing allegedly untrue or misleading statements to the market – the high profile £400million+ case against Tesco PLC for a large group of institutional investors, following Tesco’s admission of a profit overstatement in late 2014 (at his previous firm). The Tesco case was ranked as one of The Lawyer’s Top 20 cases for 2017. That case received widespread press coverage until it settled successfully, after he joined Fox Williams, where he has just settled a second securities litigation claim against Tesco arising out of the same facts, for a larger group of institutional investors, who issued proceedings just before the limitation period expired in September 2020.
Andrew has secured funding and is book-building for another securities litigation group action against another major UK PLC, and has further securities litigation claims in development. Beyond these, Andrew has considered group / class action opportunities for consumers in the dieselgate and data breach contexts, and is currently considering cartel follow-on damages claims.
Andrew has substantial experience in acting on third party funded cases, and of working on innovative alternative fee arrangements with clients and funders, enabling institutional investors to participate in securities litigation with no downside risk or no cost to their balance sheet.
As well as his securities experience, Andrew has a substantial track record in acting for both claimants and defendants across the financial services, institutional investment, manufacturing and energy and natural resources sectors, in both the UK and in Australia.
Andrew is dual-qualified in the UK and Australia, having worked at global law firm Baker McKenzie in Sydney before relocating to London in 2012.
Spear-heading a second securities litigation group action against Tesco PLC, this time on behalf of 234 institutional shareholders seeking +£1b in compensation. Proceedings were commenced in September 2020 (just before limitation expired) and have successfully settled (as announced by Tesco in its half year results in October 2021).
Collaborated with a US class action firm to build a claimant group for proceedings against Daimler AG, Mercedes-Benz Cars UK Limited, Mercedes-Benz Financial Services UK Limited and others. This case represented Andrew’s first large-scale (non-securities litigation) group litigation to date and as at the date Fox Williams ceased to be involved, more than 25,000 names had registered on the dedicated website. The claims related to the “Dieselgate” scandal in which Daimler and several other car manufacturers have been involved; and followed the US law firm’s settlement of its civil class action proceedings in 2020 for US$700m.
Advised certain subsidiaries of a Russian mining and metals group listed on NYSE and their Swiss lawyers with respect to potential English law claims and remedies to which they might be entitled (in Swiss litigation and potential English litigation), after becoming embroiled in attempts made by another party to make the clients accountable for a c.US$100million debt owed to that party by a bankrupt Swiss entity.
Advised a publicly listed online trading and investments provider to protect itself from large-scale potential actions for damages from multiple clients in Italy.
Defended and successfully resolved a $140million investor class action in Australia, including obtaining Court approval for the settlement on behalf of the defendant trustee company/bank subsidiary, in what was the first class action of its type in the Australian financial services industry.
Protected a US hedge fund’s strategic negotiating position by co-ordinating and taking a hard-fought, factually intensive jurisdiction challenge to hearing in the Commercial Court, including managing the client’s UK and US legal teams.
Won an appeal before the full Court of the High Court of Australia (Australia’s highest appellate court), after ten years of hard-fought litigation on related issues for the defendant off-shore private bank.
Defended and successfully resolved a €40million enforcement action brought against an Indian and Portuguese automotive component parts manufacturing conglomerate by a syndicate of banks, including playing a key role in the successful refinancing of the group by Portuguese and Italian private equity investors.
Acted for a group of 16 institutional investors against McGraw Hill International (trading as Standard & Poor’s) and RBS Bank NV (previously ABN Amro Bank NV), arising out of the sale by ABN Amro in 2006 of exotic structured financial products called CPDOs, to which S&P had given its AAA rating. The investors included apoBank and WGZ Bank of Germany, UNIQA of Austria, a number of Swiss cantonal pension funds, and Northern Rock Asset Management, part of the UK Asset Resolution Group.