Andrew Vinson

Call 2000

vinson@exchangechambers.co.uk

"Andrew is extremely knowledgeable and always prepared to help or assist with an ad hoc query or more meaningful instructions. He is passionate for his clients and while he remains calm, he is also forceful in his points."

The Legal 500 2024
Photo of Andrew Vinson

Commercial

Andrew has a substantial and well-recognised commercial litigation practice with extensive experience in the following areas:

  • Shareholder and share sale disputes, including derivative claims, unfair prejudice petitions, breach of fiduciary duty and breach of share purchase agreements
  • Confidentiality and restraint of trade
  • Banking and all areas of securities
  • Partnership disputes
  • Sale and carriage of goods, both domestic and international
  • Professional negligence, in particular solicitors, surveyors and accountants
  • Asset finance and recovery

He is frequently instructed in relation to obtaining or resisting injunctive relief, including freezing and preservation/delivery up orders, as well as the enforcement of restrictive covenants and the preservation of confidential information. He has significant experience in cases with an international flavour and choice of law/jurisdiction issues.

Andrew strives in every case to respond promptly to the needs of his client and provide the best practical and commercial solution to legal problems. This approach has led to Andrew being described as “a good commercial man who’s very good at giving advice to corporate clients” and someone “who does a fantastic job and really cares for his clients” in the legal directories, where he has consistently been recommended for commercial dispute resolution since 2007.

Andrew’s expertise has led to a number of presentations on commercial topics to professional audiences. Most recently he has talked alongside Business & Property Court Judges on the subjects of unfair prejudice petitions and derivative claims as well as on freezing and proprietary injunctions.

He has authored the following articles:

October 2020: “Restrictive Covenants in Leases and Restraint of Trade: the Supreme Court’s Change of Mind” PLC Magazine

March 2021: “Proprietary Estoppel and the Interface with Property Contracts”: Lexis Nexis

April 2021: “Propriety Estoppel and the Relationship with Oral Contracts”: Trusts and Estates Law and Tax Journal

He is currently contributing to a book on Director’s Duties.

Andrew also acts in commercial cases as a member of the Attorney General’s Regional A Panel. In 2023 he was appointed as a member of the Legal Services Panel of the Government of the Virgin Islands.

Commercial Cases

Andrew’s recent reported cases in a commercial sphere include:

Etta Healthcare v Steven Aimson & Ors [2024] EWHC 1209 (Ch): acting for the successful Claimant in a claim based upon unlawful means conspiracy against a company’s former managing director, his wife and another former senior employee culminating in an 8 day trial. The case concerned breach of restrictive covenants in employment and shareholder agreements, misuse of confidential information and breaches of equitable duties of confidence as well as procuring breach of contract.

Hope Capital 2 Ltd v Jones [2024] EWHC 1308 (Ch): successfully resisting an appeal against the entry of summary judgment for over £2.5 million against the Defendant guarantor (represented by two counsel) where various issues were raised about the enforceability and continuing validity of the guarantee relied upon.

Jenkinson and McHale v Rotherham Rugby Club [2024] EWHC: successful claim brought in a representative capacity on behalf of over 50 members of a company limited by guarantee who had purportedly been voted out as members at an EGM.

Glocin Ltd v Bancibo SE [2022] EWHC 1858 (Ch): conflict of laws (UK/Czech) in relation to contractual liability and entitlement to commencement insolvency proceedings in the UK.

Borra v Comissioners for Her Majesty’s Revenue & Customs and another [2022] EWHC 1195 (Ch): 3 day trial relating to annulment/alteration of a bankruptcy order and the correct identification of alleged debtor including overseas witnesses appearing via videolink.

Howe v Gossop [2021] EWHC 637 (Ch): successfully resisting an appeal following a 5 day trial concerning proprietary estoppel and entitlement to land at which Andrew had also represented the successful party.

The Secretary of State for Business, Energy and Industrial Strategy v Rosenblatt [2016] EWHC 2821 (Ch): 5 day trial seeking disqualification of directors based upon allegations of VAT fraud

Redrow Homes (Midlands) Ltd and others v Hothi and others [2012] L&TR 8: successful appeal to the Upper Tribunal in relation to the construction and operation of service charge provisions.

Mortgages 1Ltd v Wong LTL 1/10/08: four day trial in relation to whether a party with cerebral palsy was bound by a mortgage or whether it was liable to be set aside for undue influence or due to non est factum along with a negligence claim against the solicitors involved in the transaction.

Andrew’s other recent or ongoing commercial cases include:

Acting for a supplier to the NHS in relation to a multi-million dispute with a third party (which was represented by leading counsel) as to the terms for supply of testing kits for a nationwide cancer screening programme.

Acting for a major housing provider in two sets of proceedings by and against a university (represented by leading and junior counsel) relating to payment terms when properties were empty due to Covid-19 restrictions and also as to the impact of the extended limitation periods introduced by Building Safety Act 2022 on a claim based upon liability for the original design of the same.

Acting for the Defendant in an eight figure claim for breach of warranties in a share purchase agreement.

Successfully resisting the continuation of a derivative claim despite the subject matter being allegations of fraud.

Acting in a number of s994 petitions, including representing the petitioner in one relating to the operation of a solicitors firm.

Advising and representing a BVI company in relation to the validity and scope of its charges over property within the UK and in other jurisdictions.

Advising and representing a major UK developer in relation to the enforceability of an option agreement over substantial land and securing compliance with the same.

Representing an established asset finance house in the recovery of multi-million pound lending.

Successfully defending a substantial claim for breach of a Financial Services consultancy agreement over the course of a five day trial.

Representing the Claimant in relation to jurisdictional issues as to whether proceedings relating to a failed contract for the marketing of a Cypriot property development should be determined in the UK or Cyprus.