Andrew Maguire

Call 1988

info@exchangechambers.co.uk

Photo of Andrew Maguire

Commercial

Andrew has a reputation for being a leading junior in banking and financial services. His practice is commercial chancery-based, specialising particularly in disputes relating to the interpretation or breach of most types of commercial contract, personal guarantees, mortgage and trust deeds and joint venture agreements, claims for breach of trust, fiduciary duty and directors’ duties and cases involving commercial fraud including freezing injunctions and asset recovery, both for an against banks. Andrew is frequently instructed on matters involving cross-border enforcement of judgments and anti-suit injunctions.

Andrew has been instructed on various cases involving mis-selling of financial investments and pension products (such as group actions involving Keydata, Arch Cru, Sterling Mortimer and Harlequin); some of which have involved judicial review applications and Group Litigation Orders and cross-border claims. Andrew was instructed on the judicial review of the Financial Services Compensation Scheme’s decision to levy £32 million on independent financial advisers, which is reported as R (on the application of ABS Financial Planning Ltd and others) v Financial Services Compensation Scheme Ltd reported at [2012] 2 BCLC 267 and more recently in a claim against the Financial Ombudsman Service in relation to a decision to decline jurisdiction in a pension review claim.

In addition, Andrew is very experienced in disputes involving intellectual property rights and copyright as between financial advisers on the breakdown of joint ventures, relating to the ownership of clients and trail and renewal commissions. Frequently, Andrew is instructed on contested disclosure applications, involving trusts and offshore accounts [Thursfield v Thursfield [2012] EWHC 3742 (Ch), which involved a contested application for a North Shore Ventures Order relating to a Bahamian trust].

Andrew also acts in disputes involving sports law. Recent cases have included the following:

  • Andrew acted for an IFA being sued by a premiership and England footballer for alleged mis-selling of financial investments. [Stan Collymore v Mark Francis & Others [2008] Gloster J, a claim for damages of £1.5million]
  • Andrew acted for a premiership and England footballer in a contested contractual dispute.
  • Acting for the ousted chairman and some directors of a non-league football club seeking to stop by injunction an administration process taking place.

Andrew is regularly instructed in matters concerning breach of trust and fiduciary duties and joint ventures and disputes between company directors and co-adventurers involving claims for breach of fiduciary and directors’ duties. Recently reported cases include Miller v Stonier [2015] EWHC 2796 (Ch), which involved allegations that a company director owed a fiduciary duty to his business partner (as opposed to the joint venture company), Newey J held that the case had none of the particular and special features necessary for fiduciary duties to arise between commercial co-venturers and Power v Hodges [2016] BPIR 162 in which misfeasance and wrongful trading claims and a contested committal for contempt made against company directors by a Liquidator for £9.5M.

Recent pensions work has included a judicial review application against the Financial Ombudsman Service in relation to a decision to decline jurisdiction in a pension review claim and Andrew has been instructed on various cases involving mis-selling of pension products. Frequently, Andrew is instructed on contested disclosure applications, involving trusts and offshore accounts, such as Thursfield v Thursfield [2012] EWHC 3742 (Ch), which involved a contested application for a North Shore Ventures Order relating to a Bahamian trust.

Andrew’s recent cases have involved the High Court considering the scope of fiduciary and director’s duties in joint venture agreements to each other as well as the JV company [Miller v Stonier [2015] EWHC 2796 (Ch)] and misfeasance and wrongful trading claims against company directors [Power v Hodges [2016] BPIR 162], acting for the bank in a claim relating to duties of disclosure on a without notice freezing injunction [Cole v National Westminster Bank [2014] EWHC 992 (Ch)] and the interface between regulatory duties and enforceability of contracts under sections 19 and 26 of FSMA 2000 on Regulated Mortgage Contracts [see appeal at Personal Touch Financial Services Ltd v Simplysure Ltd [2016] EWCA Civ 461] and in the Court of Appeal which provided guidance on the extent of an “all monies” guarantee [National Merchant Buying Society v Bellamy [2013] EWCA Civ 452] and collateral warranties [Thinc Group v Armstrong [2012] EWCA Civ 1127] and penalties in contempt proceedings for breach freezing injunctions [Thursfield v Thursfield [2013] EWCA Civ 840 and Hewlett Packard Enterprises v Peter Sage [2017] EWHC 66, at [13] where Jay J. praised Andrew for his “measured and realistic submissions”]. In addition, in 2014, Andrew acted in the Gibraltar Supreme Court before Jack J. in relation to a claim on a personal guarantee for 8.5M euros.

Andrew is also an experienced mediator and an arbitrator who is regularly instructed in cases involving international arbitration and mediation or other forms of alternative dispute resolution, such as expert determination.