Profile


Andrew Lenon QC


Date of call: 1982
QC: 2006


Recommended by the Legal 500 2011 (Commercial Litigation, Energy, Professional
Negligence) and professional negligence (2010) and Chambers and
Partners 2009 (Insurance & Reinsurance), Andrew Lenon's practice covers
the full range of company and commercial litigation, arbitration and advisory
work.  He has particular expertise in cases involving chancery commercial
issues arising in the banking & financial services and company &
insolvency sectors. He also has a substantial practice involving the insurance
& reinsurance and energy industries.  Andrew has been called to the
bar in the Cayman Islands, the BVI and the Turks & Caicos
and he speaks Spanish and Russian. Andrew also sits as a
chairman of the Competition Appeals Tribunal and as Arbitrator.  He is
also an SCMA accredited mediator.

'Andrew Lenon QC who ‘delights clients with his in-depth legal
expertise and his ability to communicate in Russian’' Legal 500 2013

Scope
of practice


·        Injunctions

·        Arbitration
domestic and international

·        Banking & financial services regulation

·        Breach of warranty

·        Broadcasting rights

·        Civil fraud

·        Commercial contracts

·        Company & Insolvency

·        Competition law

·        Employment

·        Energy
including oil, gas, electricity and NETA

·        Information Technology
incl. hardware and software related disputes, online gaming, internet domain
name disputes

·        Insurance & reinsurance

·        Jurisdiction & conflict of laws

·        Partnership

·        Pensions

·        Professional negligence

Examples
of recent cases

Arbitration domestic and
international


·        Glencore AG v. Bharat Aluminium Company Ltd (2010) - Appearing
for Defendant in ICC arbitration arising out of contract for sale of a
consignment of aluminium.

·        Econet Wireless Ltd v. Vee Networks Ltd & Ors - [2006] EWHC
1568 (Comm) - For Celtel, successfully discharging an injunction, obtained in
breach of an arbitration clause, restraining the US$1.2 billion sale of a
Nigerian telecommunications company.

·        ICC Proceedings (2005) - For aviation specialist Lloyd's
Syndicate, in an arbitration of a dispute stemming from a refusal to pay losses
following the purchase of programmes of Aviation Bodily Injury Carve-Out
reinsurace.

·        ICC Proceedings (2005) - For defendant gas exploration company
in an arbitration arising out of a dispute over payments for an offshore
drilling installation / platform.

·        LCIA Proceedings (2004) - For excess layer professional
indemnity underwriters, in an arbitration of a dispute over alleged
non-disclosure of facts relating to defective piles in a building development
in Hong Kong.

·        LCIA Proceedings (2003/4) - For major life insurer, in an
arbitration of a dispute over alleged mistake in the terms of reinsurance cover
provided in respect of its life assurance business.

·        ICC Proceedings (2001) - For defendant in an arbitration of a
dispute, in Brussels, concerning liability for a defective steam turbine
electricity generator. The claim was governed by Portuguese law and involved
complex technical and foreign law issues. Cross examination was regulated by
the tribunal on strict 'stop-clock' basis.

·        Westland Helicopters Ltd v. Arab Organisation for
Industrialisation (1994) - For claimant in major ICC proceedings in Geneva, and
subsequent worldwide enforcement proceedings (see: [1995] QB 282; [1995] 2 WLR
126; [1995] 2 All ER 387; [1994] 2 Lloyd's rep 608).

Banking &
financial services regulation


·        Phoenix Meridian Equity Limited v Lyxor Asset Management S.A. –
(Cayman Islands HC 2009) – Acted for the Claimant in proceedings in the High
Court of the Cayman Islands arising out of a dispute over the redemption value
of a principal protected investment in hedge funds. The case entailed a
detailed understanding of derivative pricing methodology.

·        Maple Leaf Macro Volatility Master Fund -v- (1) Jacques Rouvroy
(2) Krzysztof Trylinski (Commercial Court 2008/09) - Successfully acting for
the Claimant (Maple Leaf, a Cayman incorporated hedge fund), in pursuit of its
claim for damages arising out of fraudulent misrepresentation and deceit.

·        Citibank NA v. MBI Assurance SA & Ors - [2006] EWHC 3215
(Ch); [2007] EWCA Civ 11 - For MBI Assurance, successfully resisting a
challenge to its right, as the note controlling party under loan notes issued
by a creditor of Eurotunnel, to direct the exercise of a cash option available
under the debt restructuring plan ordered by the French Court.

·        Re SSSL Realisations Ltd - [2004] EWHC 1760 (Ch); [2006] EWCA
Civ 7; [2006] 2 WLR 1369; [2006] BCC 233 - For AIG Europe (UK) Ltd, (1st
instance and Court of Appeal), in successfully resisting challenge to the
validity of its subordinated debt provisions.

·        Re asset backed hedge fund - Advising hedge fund on dispute with
bank over margin calls under repo agreement arising out of illiquidity in the
credit market (2007)

·        Australia New Zealand Banking Group Ltd v. Societe Generale -
[2000] CLC 161; [2000] Lloyd's Rep Med 153 - For claimant, at 1st instance and
subsequently before the Court of Appeal, in proceedings for the recovery of sum
due under ISDA currency SWAP transaction. The case involved an important point
of construction on the ISDA Master Agreement and led to the successful recovery
of a multi-million dollar debt.

·        Equitable Life Assurance Society v. Hyman - [2002] 1 AC 408 (HL)
- For the Equitable, 1st instance, Court of Appeal and House of Lords, in landmark
proceedings arising out of a dispute over allocation of discretionary bonuses
to policyholders.

·        Lehman Brothers v. Russian Banks (1998) (Comm) - For claimant in
proceedings against various Russian Banks arising out of ISDA currency swap
transactions and involved obtaining worldwide freezing orders.

·        Lloyd's Bank Plc v. Independent Insurance Co. Ltd - [1999] 2 WLR
986; [1999] 1 All ER (Comm) 8; Lloyd's Rep Bank 1; [1999] CLC 510; [2000] 1 QB
110 (CA) - For the appellant, in proceedings before the Court of Appeal
successfully resisting bank's claim for restitution of electronic transfer.

·        Household Global Funding Inc. & Ors v. British Gas Trading
Ltd & Ors - [2001] EWCA Civ 1156 - For BGTL, at 1st instance and
subsequently before the Court of Appeal, in proceedings arising from the
termination of a joint venture agreement concerning the 'Goldfish' credit card.

·        OPRA v. Thorn Pension Fund (2002) - For Thorn, in review
proceedings before the Occupational Pensions Regulatory Authority relating to
modification of the company's occupational pension scheme under s69 of the
Pensions Act 1995.

Civil fraud


·        UCC v. Bender and Koonmen - For claimant in major tracing and
asset recovery proceedings in Jersey (2006).

·        Bird v. Hadkinson - (Times 7 April 1999) (Ch) - For the trustee
in bankruptcy in major insolvency proceedings involving recovery of assets
located in UK and other jurisdictions.

·        Canada Trust & Ors v. Stolzenberg & Ors (No. 2) - [1998]
1 All ER 318; [1998] 1 WLR 547 (CA) - For Canada Trust in proceedings involving
international tracing of assets and raising new jurisdictional issues under the
Brussels Convention.

·        S&T Bautrading v. Nordling - [1997] 3 All ER 718 (CA) - For
claimant in fraud proceedings and an application for a worldwide mareva
injunction raising a new jurisdictional issue under the Brussels Convention.

·        Arab Monetary Fund v. Hashim (1993) (Ch) - For AMF in six month
trial against the ex president of the AMF for breaches of fiduciary duty
involving worldwide tracing and asset recovery.

Company &
Insolvency


·        Rey & anr v. FNCB Ltd - [2006] EWHC 1386 (Ch); [2006] NPC 71
- For the successful respondent, where a clause in a voluntary arrangement that
precluded all creditors from commencing or continuing legal proceedings in
respect of any personal liability of the debtor did not preclude a secured
creditor from enforcing his security.

·        Smurthwaite v. Simpson-Smith & Anr - [2005] All ER (D) 275
(Apr); LTL 20/4/05 & 28/4/05 (Unreported elsewhere) - For creditor in
successfully setting aside an individual voluntary arrangement (IVA) and
obtaining penal costs order against the nominee.

·        Thomson v. Somers & Ors - [2004] All ER (D) 170 (Nov); LTL
11/11/04 (Unreported elsewhere) - For successful claimant, where failure by
defendants to issue shares in accordance with the loan agreement entitlement
the claimant to recover sums paid.

·        Citibank NA v. MBI Assurance SA & Ors - [2006] EWHC 3215
(Ch); [2007] EWCA Civ 11 - For MBI Assurance, successfully resisting a
challenge to its right, as the note controlling party under loan notes issued
by a creditor of Eurotunnel, to direct the exercise of a cash option available
under the debt restructuring plan ordered by the French Court.

·        Re Aberdeen Preferred Inc - [2004] EWHC 199 (Ch) - Successfully
challenging a proposed scheme of arrangement.

·        Re SSSL Realisations Ltd - [2004] EWHC 1760 (Ch); [2006] EWCA
Civ 7; [2006] 2 WLR 1369; [2006] BCC 233 - The leading English authority on the
legal effects of debt subordination provisions. For AIG, at first instance and
subsequently before the Court of Appeal, successfully resisting challenge to
its debt subordination provisions in a double corporate insolvency.

·        Brocks Mount Ltd v. Beasant - [2003] EWHC 1063 (Ch); LTL
28/4/2003 (Unreported elsewhere) - For the claimant company, successfully
recovering money misappropiated by a director, in proceedings for breach of
fiduciary duty, where making an unauthorised payment to another company with
which the director was involved he had not acted honestly and reasonably and so
was unable to obtain relief for his conduct under s727(1) Companies Act 1985.

·        Re Fun Learning Ltd (Chan) (2000) - For defendant directors (and
majority shareholders) in s459 proceedings.

·        Bird v. Hadkinson (Ch) (1999) - For trustee in bankruptcy in
major insolvency proceedings involving successful tracing and asset recovery in
UK and other jurisdictions.

·        Re Powerstore (Trading) Ltd; Re Homepower Stores Ltd - [1997] 1
WLR 1280; [1998] 1 All ER 121; [1998] BCC 305; [1998] 1 BCLC 90 - For the
Inland Revenue on an application raising a novel jurisdictional issue
concerning creditors' claims in an administration.

·        The Joint Liquidators of Sasea Finance Ltd v. KPMG - [1998] BCC
216 - For KPMG, in s236 proceedings. Auditors ordered to disclose documents to
office holders following spectacular corporate failure.

·        Sasea Finance Ltd v. KPMG (formerly KPMG Peat Marwick McLintock)
(a firm) - Times 25 August 1998; LTL 11/5/2001 (Unreported elsewhere) - For
KPMG, applications for strike out of auditors negligence claim.

·        Soden and Anr v. Burns; R v Secretary of State for Trade &
Industry, ex parte Soden; Re Atlantic Computers plc - [1996] 3 All ER 967;
[1996] 1 WLR 1512; [1996] 2 BCLC 636 - For British & Commonwealth, in
landmark s236 proceedings.

Energy


·        Venture v. Nuon [2010] EWHC 204 (Comm) - For Nuon in case about
whether an executed agreement, such as a joint operating agreement (JOA), is
considered to be "in substantially the form" of a draft agreement for
the purposes of fulfilling a condition precedent to completion in a sale and
purchase agreement.

·        ICC Proceedings (2005) - For respondent oil exploration company
in dispute concerning payment for the hire of onshore and offshore drilling rig
installations / platforms.

·        Npower plc v. First Contact Ltd (Comm) (2005) - For defendant,
in dispute concerning alleged bribery of agent and the application of the
Commercial Agents (Council Directive) Regulations 1993 to doorstep salesmen in
the energy sector.

·        Re TXU Europe Group (2004) - Advised power supplier on its claim
for damages arising from the premature termination of a long term electricity
supply contract with TXU.

·        Re Contaminated Land Legislation (2004) - Advised, a gas /
electricity major on potential liabilities under the contaminated land
legislation and specifically under part IIa of the Environmental Protection Act
1990 in respect of contamination caused by statutory predecessors.

·        Conoco (U.K.) Ltd v. The Ecosse Gas Company Ltd (2002) (Comm) -
For Conoco, in proceedings arising out of a contract for sale of interest in
North Sea gas fields.

·        Re The Balancing & Settlement Code (2001) - Advising a
domestic electricity supplier in relation to losses suffered as a result of
misdeclaration in contract position and in relation to the trading of
electricity under the Code.

·        ICC Proceedings (2001) - Concerned liability for a defective
steam turbine electricity generator. The claim was governed by Portuguese law
and involved complex technical and foreign law issues.

·        ICC Proceedings (1998) - For claimant in proceedings arising form
breach of supply contracts for the construction of a power station in India.

General commercial
litigation


·        Echinacash v. Friedman (2010/11) - For Defendant in claim for
recovery of shares in BVI company (BVI Commercial Court and East Caribbean
Court of Appeal)

·        Maple Leaf v. Rouvroy and another (2008) - acting for hedge fund
in claim for repayment of loan to finance takeover of French listed company.

·        Harrison v. Harrison - [2008] EWHC 362 (QB), [2008] Fam Law 613
- Acting for the ex-husband in successfully striking out proceedings brought by
ex-wife, seeking to set aside judgment in previous ancillary relief proceeding
on grounds of alleged perjury.

·        Kuwait Airways Corporation v. Iraqi Airways Company (2004)
(Comm) - For IAC in dispute over conversion of aircraft.

·        Beasant v. Lexicon Holdings Ltd & Anr - [2006] EWHC 3160
(Ch); LTL 19/12/2006 (Unreported Elsewhere) - With Jonathan Brock QC
successfully defending proceedings for title to a property where a party to a
joint venture agreement had not validly exercised an option to purchase under
the agreement since he had failed to comply with a term of the agreement
requiring him to provide proof of funds.

·        Econet Wireless Ltd v. Vee Networks Ltd & Ors - [2006] EWHC
1568 (Comm) - For Celtel, successfully discharging an injunction, obtained in
breach of an arbitration clause, restraining the US$1.2 billion sale of a
Nigerian telecommunications company.

·        Cunningham v. Aryal & Anr - [2002] EWHC 2380 (QB); [2002]
All ER (D) 176 - For defendant in claim for restitution of money from agent.

·        Westland Helicopters Ltd v. Arab Organisation for
Industrialisation - [1995] QB 282 - For claimant in major ICC proceedings in
Geneva, and subsequent worldwide enforcement proceedings (see: [1995] 2 WLR
126; [1995] 2 All ER 387; [1994] 2 Lloyd's Rep 608).

·        Union Traffic Ltd v. Transport & General Workers Union &
Ors - [1989] IRLR 127; [1989] ICR 98 (CA) - For Claimant, on application for
interim injunction against trade union.

·        Advised in connection with a dispute over the broadcasting
rights to 'Formula 1' events.

·        Advised in connection with the broadcasting rights to the
2002/2006 FIFA World Cup Finals.

·        Dr Rentschler Biotechnologie GmbH v. Biogen (1996) (Comm) - For
claimant in proceedings for delivery up of pharmaceutical products governed by
German law.

·        Marshall v. NM Financial Management Ltd - [1995] 4 All ER 785;
[1995] 1 WLR 1461; [1996] IRLR 20; [1995] ICR 1042; 14 Tr L 458; [1997] IRLR
449; [1997] 1 WLR 1527; [1997] ICR 1065 - For IFA in successful challenge to
financial service company's restrictive covenant.

·        BSkyB v. Telenor (1996) (QB) - For BSkyB in litigation
concerning rights to a broadcasting satellite.

Insurance &
reinsurance

"Staunch in his client's cause," he is
"reliability personified."    Chambers and Partners 2009


·        ICC Proceedings (2005) - For aviation specialist Lloyds
Syndicate, in an ICC arbitration of a dispute stemming from a refusal to pay
losses following the purchase of programmes of Aviation Bodily Injury Carve-Out
reinsurance.

·        LCIA Proceedings (2004) - For excess layer professional
indemnity underwriters, in an arbitration over alleged non disclosure of facts
relating to defective piles in a building development in Hong Kong.

·        LCIA Proceedings (2003/4) - For major life insurer, in an
arbitration of a dispute over an alleged mistake in the terms of reinsurance
cover provided in respect of its life assurance business.

·        Countrywide Assured Group plc & Ors v. Marshall & Ors
(AIG Europe (UK) Ltd & Ors, Intervening) - [2002] EWHC 2082 (Comm); [2003]
All ER (Comm) 237; [2003] Lloyd's Rep PN 1 - For the insurers, in a case
involving the construction of aggregation clauses in professional indemnity
insurance relating to pensions mis-selling.

·        The Orion Insurance Company plc v. Basler Verischerungs-Gesellscaft
(otherwise known as The Baloise Insurance Company) & The Baloise Marine
Insurance Company Ltd (CA) (1999) - For Orion, before the Court of Appeal in
substantial proceedings (18 days) which settled shortly prior to its
commencement. The appeal concerned proceedings to set aside judgment on the
grounds that it was obtained by fraud. For related litigation see also: Odyssey
Re (London) (formerly Sphere Drake Insurance Plc) & Anr v. OIC Run-Off
(formerly Orion Insurance Co Pc).

·        HLB Kidsons v. Lloyds Underwriters (Comm) (2006) - For
professional indemnity underwriters, in litigation over claims notification.

·        Scottish Re Holdings Ltd v. General Reinsurance Life UK Ltd
(2007) - For Scottish Re, in Commercial Court proceedings arising out of a
claims handling agreement relating to airline loss of licence / crew disability
reinsurance business. Dispute as to whether a profit sharing agreement existed
between Scottish Re and Gen Re for the business managed by Scottish Re and, if
so, how much is owed.

Pensions


·        Stakeholder pensions - Recently advised major pensions provider
on terms of stakeholder pension arrangements.

·        Equitable Life Assurance Society v. Hyman - [2002] 1 AC 408 (HL)
- For the Equitable, at 1st instance, Court of Appeal and House of Lords, in
landmark proceedings arising out of a dispute over allocation of discretionary
bonuses to policyholders.

·        OPRA v. Thorn Pension Fund (2002) - For Thorn, in review
proceedings before the Occupational Pensions Regulatory Authority relating to
modification of the company's occupational pension scheme under s69 of the
Pensions Act 1995.

Professional
negligence


·        Raymond v. Killik & Co - For Defendants in professional
negligence (stockbroking) claim.

·        Atlas Securities v. KPMG (2004) - For KPMG in professional
(auditors') negligence proceedings in the Turks & Caicos Islands,
successfully striking out the bulk of the claim.

·        Sasea Finance (In Liquidation) v. KPMG (2000) (Ch) - For KPMG in
professional negligence claim involving alleged duty to whistle blow on the
part of auditors, successfully striking out the bulk of the claim.

·        British & Commonwealth Holdings Ltd (In administration) v.
Barclays de Zoete Wedd Ltd & Ors - [1998] BCC 200; Times 25 April 1997;
[1999] 1 BCLC (Ch) - For B&C in the major professional negligence
proceedings arising out of its acquisition of Atlantic computers, involving
proceedings against merchant bank advisers and auditors.

·        Acts as chairman of Bar Disciplinary Tribunals hearing
professional misconduct cases against members of the bar.

Publications


·        2006 - Article in the Journal of International Banking Law and
Regulation on "Debt subordination in a group insolvency - The Save Group
case".

·        2004 - Address given to various law firms on recent changes to
the money laundering legislation.

·        2001 - Article in the Journal of International Banking Law and
Regulation on "Early termination provisions in ISDA derivative
contracts".

·        2000 - On-line seminar at www.2ends.com on contempt proceedings
as a tactical weapon in civil litigation.

·        1997 - Article in the New Law Journal on the globalisation of
interim remedies in support of court proceedings and arbitrations.


 

 

Contact the Expert

Complete the form below to contact the expert directly.






 
load new code