Home Barristers Andrew Ayres

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AA CUK 2016
 

Andrew Ayres QC

Call 1996
Silk 2015

aayres@maitlandchambers.com

  • Commercial Litigation and Arbitration
  • Fraud
  • Partnership
  • Trusts and Offshore
  • Property
  • Company
  • Insolvency/Restructuring
  • Regulatory
  • Professional Liability
  • Chancery

Andrew appears before all Courts and Tribunals including the following Divisions and Courts of the High Court: Commercial and Admiralty Courts, Technology and Construction Court, Queen’s Bench Division, Administrative Court, Chancery Division (including the Bankruptcy Court and the Companies Court) and Family Division.

Andrew also appears at international and domestic arbitrations (including LCIA, ICC, SIAC, DIAC, ICSID, LMAA, UNCITRAL rules and ad hoc). He is a DIFC advocate.

Over time, he has been recommended in the legal directories in the following areas: Commercial Litigation, Banking and Finance, Fraud, Company, Partnership and Real Estate.

Andrew appears at mediations and other forms of ADR. He also advises professional firms as to their own positions in relation to potential conflicts of interest and related matters, and advises global GCs on their litigation management strategies.

Andrew’s breadth of expertise is as diverse as Aviation, Banking and Finance, Construction and Engineering, Energy and Natural Resources, Fraud, Regulatory, Compliance and Investigations, International Trade, Joint Ventures, Media and Entertainment, Professional Liability and Risk, Structured Products and Derivatives, TMT, and Wills, Trusts and Trustees.

International experience: Andrew's international work has involved cases elsewhere in the EU, the Channel Islands, the Isle of Man, the USA, the Caribbean, Russia and the CIS, the Gulf and the Middle East, India, West Africa, Singapore, Hong Kong, Japan, and Australasia.

Memberships:

  • Commercial Bar Association
  • Chancery Bar Association
  • Commercial Fraud Lawyers Association
  • Insolvency Lawyers Association
  • Financial Services Lawyers Association
  • Association of Partnership Practitioners
  • Association of Contentious Trusts and Probate Specialists
  • Accredited Advocate at the Dubai International Financial Centre
  • Bar Pro Bono Unit
  • South Eastern Circuit Bar Mess

Recommendations: see panel on the right and below.

Languages:

  • French (working knowledge)
  • Arabic (some)
  • Russian (some)

Seminars: Andrew speaks at seminars and delivers lectures on a wide variety of topics.

Scholarships and Awards: Oppidan Scholarship, Karmel Award (Gray’s Inn), Prince of Wales Scholarship (Gray’s Inn) and Pegasus Scholarship (Inner Temple).

Recent work includes:

Banking and Finance and Financial Services

  • Novus Aviation Limited v Alubaf Arab International Bank: instructed by the defendant bank in an aircraft financing dispute (2015) (leading Narinder Jhittay)
  • ICC Arbitration and Commercial Court proceedings relating to an international funds transfer dispute (2015) (leading Duncan McCombe)
  • Lehman Brothers Bankhaus AGCMA CGM: instructed by Lehman in a claim arising out of the settlement of a 2008 ISDA trade (2014) (leading James Sheehan, Oliver Phillips and Hannah Ilett)
  • Nomad International Shipping CorpDST Shipping Group SA: instructed by the claimant in this guarantee and ship management claim arising out of a ship-owning joint venture (2013) (leading James Sheehan and Duncan McCombe)
  • IBRCKempin: instructed by the defendant in a guarantee claim arising out of the credit crunch and the collapse of Anglo Irish Bank (2012)
  • Tallington Holdings Limited & anorLloyds TSB Bank plc: instructed by Lloyds in a commercial banking dispute relating to the length of the loan facilities granted (2012)
  • State Street Bank & Trust CoSompo Japan Insurance Inc: instructed by State Street, as trustee, in relation to the interpretation of a UK/US Collaterized Debt Obligation (2010)
  • Habib Bank AGCitibank NA: instructed by Habib in a disclosure application relating to a corporate bond and the Financial Collateral Arrangements (No. 2) Regulations (2010) (leading James Sheehan)
  • Numerous claims arising out of the global financial crisis
  • Funds litigation (particularly Hedge Funds and Funds of Hedge Funds)
  • FCA: former secondee to the FCA; all aspects of regulatory and compliance and FCA injunctions
  • Consumer credit and FS claims management

Commercial litigation and Arbitration

  • Wilmington v Spice Jet: instructed by the claimant in a claim for recovery of 3 Boeing 737-800 aircraft (2015)
  • MTRM Realty LLC & anor v Neveq Capital Partners Limited & Ors: instructed by the defendants in an international private equity investment management dispute (2015) (leading Narinder Jhittay)
  • LCIA arbitration relating to a major Ukrainian property development (2015)
  • LMAA arbitration relating to shipbuilding contracts (2013)
  • Dar Al Arkan Real Estate Development Company & anorMajid Al-Refai & ors: instructed by the claimants in a conspiracy, breach of confidence and defamation claim (2013) (with Anthony Trace QC, Rosanna Foskett and Narinder Jhittay)
  • Carter International LtdDRC Polymer Products Ltd: instructed by the claimant in a claim about industrial polymer mixing (2013) (leading Oliver Phillips)
  • EnviTec Biogas AGGreenland Biogas Limited: instructed by the New Zealand-based defendants in a methane production, engineering and licensing dispute (with EU competition issues) (2013) (leading Narinder Jhittay)
  • An air freight claim arising out of the eruption of the Eyjafjallajökull volcano (2012)
  • Arqiva Ltd & ors v Everything Everywhere Ltd & ors: instructed by Orange Holdings (UK) Limited in a wireless telegraphy/TMT dispute about merger and consolidation in the UK mobile phone industry (2011)
  • Bodilsen A/SArgos Limited: instructed by the Danish claimant in a claim for unpaid goods (2011) (leading Rosanna Foskett)
  • Islamic Investment Company of the Gulf (Bahamas) LtdMehta & ors: guarantee claim; instructed by the claimant in relation to enforcement and oral examination (2010) (led by Anthony Trace QC)
  • BexBes LLPBeer & anor: instructed by the claimant in a dispute about corporate finance advisory fees (2008)
  • Photolibrary Group Ltd & ors v Burda Senator Verlag GmbH & anor: instructed by the German defendants in a contractual terms and bailment dispute (2008) (leading Thomas Munby)
  • Various share and asset sale disputes and warranty claims
  • Various jurisdiction battles
  • Letters of Request and gathering evidence for use in foreign courts
  • Confidential Information
  • Expert determination
  • Enforcement

Fraud

  • Hilton & ors v D IV LLP & ors: instructed by a large professional services firm alleged to have been mixed up in film finance wrongdoing (2015)
  • Borgman v Borgman & ors: instructed by the claimant in an aset recovery claim (2015)
  • Fern Advisors Limited v Burford & ors: instructed by Fern to deal with various enforcement aspects of this fraud claim (2014)
  • Liberty Limited & Liberty Retail LimitedTang & ors: instructed for Liberty in relation to an alleged employee fraud (2013)
  • Amber Foods Limited & anor v Wilkinson & ors: instructed by the offshore corporate defendant in an alleged film finance fraud (2012) (leading Rosanna Foskett)
  • Re D (2012)
  • Toronto Dominion BankNaqui: instructed by the claimant bank in an alleged senior derivatives trader fraud (2010) (led by Andrew Green QC)
  • Petromaxx/Tagore v Montague-Moore: instructed by the claimant in relation to a C.E.O. fraud arising out of the construction of a Bulgarian oil refinery; enforcement issues in bankruptcy (2010)
  • Chris EvansThe Great Car Company Limited: instructed the DJ Chris Evans in his recovery action in respect of a fraudulently obtained loan (2009)
  • Lebanon & Gulf Bank SARLBank of Scotland (Ireland) Ltd: instructed by the claimant bank in an alleged letter of credit fraud (2003) (led by Bernard Eder QC)

Company LLPs and Partnership

  • KadimMayr: instructed for the Claimant in a private equity and partnership dispute relating to a healthcare investment management business (2014)
  • F&C Alternative Investments (Holdings) LimitedBarthelemy & anorinstructed by F&C in relation to unfair prejudice petitions and put option claims (led by Catherine Newman QC); leading Court of Appeal case on Part 36, costs and interest (2012) (led by Simon Browne QC)
  • Raqib ShawYoko Hand: instructed by the famous artist Raqib Shaw in his own partnership dispute (2012) (leading Laurie Scher)
  • The Liquidating Partners of the Arthur Andersen partnerships: instructed by the Liquidating Partners of Arthur Andersen in an application in relation to the final winding up of the businesses of these partnerships (2011)
  • Dover Street Capital: limited partnerships (2008)
  • Shareholder disputes and unfair prejudice petitions
  • Directors' duties
  • Partnership accounts and inquiries

Insolvency and Restructuring

  • The bankruptcy of Asil Nadir: instructed by Mr Nadir on the application before the Chief Registrar to secure his discharge from bankruptcy after 17 years (2012) (with Philip Jones QC)
  • The bankruptcy of John Scurr: instructed by the trustee in bankruptcy in various claims arising out of the personal insolvency of the heart surgeon, John Scurr (2012)
  • Barlow Clowes International Ltd (In Liquidation)Henwood: instructed by the claimant in relation to the Court of Appeal decision relating to domicile in the context of personal insolvency (2008) (led by Geoffrey Vos QC)
  • Applications arising under the Cross-Border Insolvency Regulations and section 426
  • Various claims arising out of corporate administrations

Trusts and Trustees

  • DaviesWatkins: instructed by the personal representative in relation to a Beddoe application (2012) (with Jonathan Russen QC)
  • Re Kettell: instructed by the personal representatives in a challenge to due execution (2012)
  • State Street Bank & Trust CoSompo Japan Insurance Inc: instructed by State Street, as trustee, in relation to the interpretation of a UK/US Collaterized Debt Obligation (2010)
  • Habib Bank AGCitibank NA: instructed by Habib in a disclosure application relating to a corporate bond and the Financial Collateral Arrangements (No. 2) Regulations (2010); this case involved the attempted application of the English bona fide purchaser rule to dematerialized corporate bonds settled through European clearing houses (leading James Sheehan)
  • Numerous cases involving family complaints against trustees, both onshore and offshore, in relation to Estates, private trusts and commercial trusts, much of which is by nature confidential
  • Court of Protection and Inheritance Act claims

Property

  • Osborne (Bournemouth) Limited & anor v Bournemouth Borough Council: instructed by the claimants in a dispute arising out of a series of development agreements (2015)
  • Property LCIA arbitration (2015)
  • Woodford Land LtdPersimmon Homes Ltd: instructed by Persimmon in relation to rectification and other claims arising out of a put and call option for a large development site in Doncaster (2011) (led by Christopher Pymont QC)
  • New Century Reversions (No 1) Limited v Kodak Pension Plan: instructed by the claimant in a claim relating to the sale of Friary Court in the City of London (2011) (leading Thomas Munby)
  • CBRETFL: adjudication
  • Mount Anvil Group Limited & ors Volans Management Limited & anor: instructed by the claimant in relation to the interpretation of a suite of development agreements (2009) (led by Christopher Pymont QC)
  • Great Bear Management LimitedAviva Investments Global Services Limited & anor: instructed by the Aviva defendants in a restitution claim arising out of property management and development (2009) (with Christopher Pymont QC and Laurie Scher)
  • Berkeley Homes Collective: formerly appointed as standing Counsel

Professional Liability

  • Including lawyers, accountants, surveyors, architects, investment managers and bankers

Qualifications
MA (Oxon)

Other notable cases:

Testimonials

Chambers UK

Chancery: Commercial

"He is a real team player. He understands the dynamics of a case and has the emotional intelligence to comprehend the different pressures the client is under. He does a fantastic job in terms of drafting, analysis and advocacy." (2017)
Fraud: Civil
"He is someone who inspires confidence and can be trusted with whatever's at hand." (2017)
"He is very clever and has a very good manner with clients." (2017)
Banking & Finance

"Praised for his calmness in challenging circumstances and ... regarded as a team player." (2015)

"Excellent, very easy to work with and academically sound." (2015)

"Great emotional intelligence and a great radar for unspoken issues ... easily gets to grips with the personalities around the conference table ... shows commitment and has a team-player mentality." (2015)

"A solid banking junior with corresponding strength in civil fraud." (2015)

"A highly polished draftsman who is a pleasure to work with at all times." "User-friendly, he's very responsive ... innovative strategies." (2014)

"A highly versatile, efficient and canny operator ... particularly impressive on trade finance and banking-related fraud." (2013)

Legal 500 UK

Banking & Finance

"Likeable ... a clear thinker, with an excellent brain." (2014)

"An expert in his field, and is able to steer his clients through choppy waters with an enviable cool." (2013)

Legal 500 UK

Property Litigation
"His cross-examination is exceptional, and he is extremely approachable and thoroughly pleasant to work with." (2016)

Legal 500 UK

Commercial Litigation

"An excellent choice for commercial litigation." (2014)

Legal 500 UK

Company & Partnership
"A strong analyst." (2016)

"Huge brain and very calm court presence, which commands the respect of peers and judges alike." (2012)

"Intellectually first-rate." (2011)

Legal 500 UK

Fraud: Civil

"An invaluable contact for highly technical advice." (2014)

"Can turn his hand to anything, but is a genuine asset-tracing and fraud expert." (2013)

"Rolls up his sleeves and fights as hard as he can for his client." (2012)

"Persuasive courtroom manner." (2011)

"Polished and diligent." (2010)