Andrew Brown

Partner
Commercial Disputes

Andrew is a Partner in our Commercial Disputes team. He specialises in resolving commercial disputes, and recently launched Capital’s £50m litigation fund, Capital Dispute Finance, where we can bear the cost and risk of pursing claims and recovering assets. 

He is top-ranked by the legal directories, being recognised as an expert in resolving commercial disputes (often of a high value, complex and sensitive nature), whether in Court or by commercial means. Andrew has extensive experience of multi-party actions, judicial reviews, injunctive relief, and insurance policy disputes.

Andrew has acted for a number of insolvency practitioners in high value and complex directors’ misfeasance and professional negligence claims and regularly acts in contested insolvency proceedings.

Andrew has built up detailed knowledge of the litigation funding market and launched Capital’s award-winning litigation fund, Capital Dispute Finance.  He regularly speaks at funding conferences, including The Legal 500 Commercial Litigation Conference.  Andrew has widely published material in this area in Financier Worldwide, In-House Lawyer magazine and Huffington Post. He was also a key part of the British Medical Association’s advisory team which launched BMA Law, whereby he and his colleagues advise the BMA’s 170,000 doctors on matters such as partnership disputes, regulatory issues and property disputes.

There is a lot of steel in him.

Chambers & Partners UK  

  • Acting for a trustee in successfully resolving a £50m breach of trust claim.
  • Acting for a trustee in a £14m claim against HMRC.
  • Acting for the descendants of the donor to the National Fund, now worth £550million. We arranged an ‘all in one’ funding and adverse costs protection for our clients which, innovatively, also covers any appeal.
  • Pursuing a £5.6m fraudulent misrepresentation claim and unlawful means conspiracy claim against a BVI based company, Swiss company, and UK and Jersey based property developer. This is linked to another £80m claim we are running on behalf of Geneva based investors who have been defrauded.
  • Providing written submissions for the Treasury Select Committee inquiry into HMRC’s approach to tax enquiries and the resolution of tax disputes, and giving evidence in Parliament to assist the Committee.
  • Acting for the administrator of a company in an £82m claim in professional negligence against an accountant and auditor who failed to detect a ponzi scheme being run through the company’s accounts.
  • Acting for a pensions trustee in a £7m claim to restore assets to the trust.
  • Acting for a bank in a £20million multi-faceted property and trusts dispute.
  • Acting for a US based mining company in a £38m professional negligence claim against two law firms.
  • Resolving a £5m contractual dispute against the Government.
  • Acting in 3 class actions in respect of £multi-million claims against financial institutions and their advisors following misleading information being supplied to investors.
  • Acting for a Premiership football club in a number of disputes concerning: one of its former directors; a £multi-million claim brought by a former manager and his support staff; and assisting with an investigation into a player’s contract and the conduct of an agent.
  • Acting for an insolvency practitioner in a £45m auditors’ negligence claim.
  • Acting for an insolvency practitioner in a £30m directors’ misfeasance claim.
  • Acting for insolvency practitioners in a £10m auditors’ negligence claim involving overstatement of accounts and secret profits.
  • Successfully recovered £4m from the Government on behalf of a training company. Our client was starved of cash and drowned in disclosure requests designed to string out payment. The claim value was too low to be financed by institutional litigation funders but we ran and financed it.
  • Acting for numerous insolvency practitioners and other office holders in respect of numerous section 236 applications and injunctive relief for delivery up of key material.
  • Acting for a football club and successfully restraining presentation of an unfounded winding up petition.
  • Acting for a furniture business to successfully restrain advertisement of a winding up petition.
  • Advising numerous office holders on directors misfeasance and fraud claims.
  • Acting for an insurer in a £multi-million claim, being brought in Spain, for negligence and breach of contract against multiple defendants for losses from an event cancellation due to a fire.
  • Advising US firm and former partners of a leading City firm on better ways of structuring their £multi-million class actions. This includes creating new funding arrangements, drafting client facing and funding terms, and providing litigation support on more competitive terms to increase their profit margins.
  • Advising a company on the mistreatment of the receipt of deposits and the overstatement of their accounts, leading to insolvency. Working closely with HMRC, insolvency practitioners and the client to resolve the matter.
  • Arranged litigation funding for and are running a £25m claim against a large US based telecoms company which ceased paying contractual commission.
  • All forms of insolvency related enforcement measures to secure payment of client debts.
  • Financial litigation
  • Business ownership disputes
  • Urgent injunction work (particularly in employment related claims)
  • Breach of director’s duties claims
  • Corporate fraud
  • Property and construction disputes
  • Professional negligence
  • Advice on policy coverage and subrogated recoveries for insurers
  • Insolvency
  • Directors’ duties and misfeasance claims
  • Personal insolvency and bankruptcy
  • Contested insolvency proceedings
  • Liquidator’s reporting duties
  • S.236 applications
  • Insurance policy disputes

Career

  • Partner, Capital Law Limited (Jun 2007 – present)
  • Associate, Capital Law LLP (Jun 2001 – Jun 2007)
  • Solicitor, Eversheds LLP (Apr 1998 – Mar 2001)

Education

  • University of Wales, Cardiff: LLB (Hons) Law, First Class Hons
  • Award for the best overall performance

Memberships / Trustee Positions

  • The Law Society of England and Wales