Andrew Fulton

Andrew has a broad commercial practice, appearing in a variety of trials and arbitrations and also in the Court of Appeal. More recently his practice has focused on banking and financial services, in particular capital markets, derivatives and structured products.

Prior to joining Chambers he worked as an in-house advocate in several high-profile solicitor firms, most recently as a Senior Associate in the London office of the US litigation firm Quinn Emanuel Urquhart & Sullivan. He has advised and appeared in a range of financial and commercial disputes, often with an international dimension, including Haugesund Kommune v Depfa ACS Bank and a €190m credit default swap dispute against UBS. His reported cases include Koo Golden East v Bank of Novia Scotia [2008] QB 717, Force India Formula 1 Team Ltd v Etihad Airways PJSC [2009] ETMR 54 v and Winnetka v Julius Baer International Ltd [2009] Bus LR 1006.

Specialisations:

Commercial Law
Banking & Finance

Principal Cases:

Banking & Finance

Haugesund v Depfa ACS Bank - 3 week trial on ultra vires swaps, restitution and lawyers' breach of duty [2009] EWHC 2227 (Comm); followed by further hearing on measure of loss [2010] EWHC 227 and 3 day appeal on capacity and restitution [2010] EWCA Civ 579

Part 8 claim against UBS for delivery of bonds under a credit default swap

Koo Golden East v Bank of Nova Scotia [2008] QB 717 - Court of Appeal win and House of Lords leave hearing over central bank immunity and Norwich Pharmacal relief

Ongoing litigation for Unicredit against Barclays over attempts to terminate regulatory capital trades

Barclays v HHY Luxembourg [2010] EWCA Civ 1248 - junior lenders' challenge to restructuring proposal

Legal and strategic advice to hedge fund over challenges to conversion of convertible securities with Euro 1billion face value

Acted in Commercial Court proceedings in dispute over acquisition finance for Banco Santander headquarters

Representing junior loan purchasers in breach of warranty claim

Winnetka v Julius Baer International [2008] EWHC 3146 (Ch) - Stay application to enforce jurisdiction clause in investment agreement

Haydon-Baille v Bank Julius Baer [2007] EWHC 1609, 3247 (ch) - struck out claims in relation to mortgagee sale of stately home

Law Debenture v Elektrim Finance NV [2006] EWHC 1305 (Ch) - Euro 500million judgment against defaulting bond issuer, upholding parallel debt structure

Urgent advice on potential bond defaults following Iceland's suspension of FX market

Dispute over non-compliant exercise of option in interest rate swap, acting from initial correspondence to final trial preparation

Commercial Law

Force India Formula One Team v Etihad Airways [2009] EWHC 2768 (QB) - counsel in one week trial over breaches of F1 sponsorship agreement

Secured recovery in meditation for victims of serious financial fraud from their negligent private client solicitor

Lead associate and junior counsel in defence of £160m claim alleging dishonest assistance in diversion of business opportunity

Various discrete assignments in $4billion Cherney v Deripaska litigation over Rusal shares

Numerous shareholder pre-emption disputes, including detailed advice and drafting input in connection with $350m sale of foreign telco

Counsel for Claimant in 2 day LME arbitration

Represented JV partner in acrimonious dispute over luxury Caribbean resort development

Advice on potential claims arising out of capsize dredging vessel

English counsel in week of depositions in support of US patent infringement proceedings

Advice on operation and refinancing of PFI contract

Kennedy v DSG Retail [2006] EWHC 924 (Comm) - Part 8 trial victory over purchase of phone business

ICC arbitration proceedings over aircraft lease

Dorotheum v Micky Tiroche [2005] EWHC 3223 (QB) - enabled enforcement of foreign judgment, establishing in cross-examination that evidence of non-service was not credible

Administrative Court application to enforce POCA freezing order

Pro Bono

Urgent judicial review of local authority refusal to re-house family in desperate situation.

Volunteer adviser at the Dentons "Poplaw" legal advice clinic in East London, also at the Citiznes Advice Bureau in the RCJ.

Education and Career:

Called to the Bar (1999)

Inns of Court School of Law (BVC)

City University (CPE)

Brasenose College, Oxford (First Class BA Hons, English, 1997)

Publications:

Article in the September 2010 edition of the Butterworths Law Journal of International Banking & Financial Law on the impact of credit crunch litigation on the European public sector.

"Mixed Doubles" - in-house advocates and external QCs: (2008) 158 NLJ 1507.

Areas of expertise

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Specialisations:

Principal Cases:

Education and Career:

Publications:

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