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Andrew Dinsmore

Andrew was called to the Bar of England & Wales in 2013 and the Bar of Northern Ireland in 2018. He has a broad international commercial litigation and arbitration practice. He is often instructed to appear as junior counsel in complex, multi-jurisdictional, high-value cases and is also regularly instructed to appear as sole counsel in the Commercial Court, Chancery Division and in arbitration. Andrew’s commercial law expertise is sought after in wide breath of practice areas such as sports law which is a growing part of his practice. By way of example, led by Edmund King QC, he advised a major Formula 1 team on obtaining an urgent injunction from the Commercial Court to restrain a breach of contract.

His specialisations include:

  • Commercial Law
  • Arbitration
  • Banking & Finance
  • Civil Fraud
  • Private International Law
  • Cyber-security issues
  • Sport
  • Emergency and interim injunctions
  • Insurance
  • Energy & Natural Resources
  • Shipping and Shipbuilding

 

Andrew's recent work includes:

  • Acting in an appeal to the GAFTA Board of Appeal in relation to a seven-figure commodities dispute.
  • Defending an urgent, eight-figure freezing injunction application brought under s. 44 of the 1996 Act in the context of the corporate restructuring of a major shipowner, led by Michael Ashcroft QC.
  • Appeared, as sole counsel, in Schenker Ltd v Negocios Europa Ltd [2018] 1 W.L.R. 718; [2017] EWHC 2921 (QB), which is the first English High Court authority to apply the common law rule barring set-off against freight to airfreight.
  • Obtaining an emergency anti-suit injunction to restrain foreign proceedings brought in breach of an arbitration agreement, led by Vasanti Selvaratnam QC.
  • Assisted Timothy Hill QC in The Celtic Explorer [2015] EWHC 1810 (Comm) which was the first case to consider whether delay in the publication of an arbitration award constituted a serious procedural irregularity under s. 68 of the Arbitration Act 1996.
  • Appeared for contractors, as sole counsel, in a one-day LOF salvage arbitration.
  • Acting in an eight-figure arbitration concerning the abandonment of a charterparty, led by Simon Croall QC.
  • Appeared, as sole counsel, in a full-day jurisdiction hearing in the Commercial Court concerning a disputed jurisdiction agreement.
  • Acting in an eight-figure arbitration which concerned cancellation of an offshore shipbuilding contract following delay, led by Nigel Eaten QC.
  • Appearing, as sole counsel, on behalf of a public relations and media company in a dispute against a high-profile businesswoman from the BBC series 'Dragon's Den'.
  • Acting for Buyers in fourteen inter-linked shipbuilding arbitrations concerning defective stern tube bearings and fuel overconsumption, led by Roderick Cordara QC and Adam Board.
  • Acting in numerous cases, as sole counsel, to obtain emergency freezing injunctions and Norwich Pharmacal Orders in the context of a seven-figure cyber-fraud.
  • Acted in a US$20 million two-day arbitration concerning the interaction of a chain of commercial contracts, led by Vasanti Selvaratnam QC.
  • Acting, as sole counsel, in a six-figure fraud concerning the sale of a Supercar.
  • Advising a major international airline on an eight-figure commercial dispute, led by Edmund King QC.
  • Acting for Buyers in two eight-figure shipbuilding arbitrations where the vessel was undeliverable due to design and installation failures in relation to the stern tube bearing, led by Vasanti Selvaratnam QC.
  • Acting in an appeal under sections 68 and 69 of the Arbitration Act 1996 to the Commercial Court following three eight-figure arbitral awards, led by Vasanti Selvaratnam QC.
  • Acting in two inter-linked shipbuilding arbitrations concerning implied terms of good faith and circuity of action, led by Vasanti Selvaratnam QC.
  • Acting in an international arbitration with issues of joint-venture financing in Africa, led by Luke Pearce.
  • Advising a major Formula 1 team on obtaining an urgent injunction from the Commercial Court to restrain a breach of contract, led by Edmund King QC.

Andrew has a particular interest in the impact of Brexit on private international law and has:

  • Assisted with the Fourth Supplement of Dicey, Morris & Collins, The Conflict of Laws, 15th Ed.
  • Published an article entitled, 'Jurisdiction, Enforcement and the Conflict of Laws in Cross-Border Commercial Disputes: What are the Legal Consequences of Brexit?' (2016) 27 (7) EBLR 903 (published by Kluwer Law International).
  • Published an article entitled 'The Strengthening Of Jurisdiction Agreements Following Brussels Reg (Recast) And The Impact of Brexit' [2017] 8 JIBFL 476.
  • Sat on the ComBar Brexit Working Group to advise on the impact of Brexit on the Conflict of Laws in England and Wales; Andrew played a key role in drafting the original position paper.

Personal interests

Andrew is a keen golfer. He obtained four Blues for Golf and captained the Cambridge University Golf Club in 2010-11. Further, Andrew played a significant role in wider Cambridge sports through his role as President of the Hawks Club in 2011-12.

Specialisations: 

International Commercial Litigation
  • Advising a major Formula 1 team on obtaining an urgent injunction from the Commercial Court to restrain a breach of contract, led by Edmund King QC.
  • Appeared, as sole counsel, in Schenker Ltd v Negocios Europa Ltd [2018] Lloyd’s Rep. Plus 4; [2018] 1 W.L.R. 718; [2017] EWHC 2921 (QB), which is the first English High Court authority to apply the common law rule barring set-off against freight to airfreight.
  • Acting, as sole counsel, in a six-figure fraud concerning the sale of a Supercar.
  • Acting, as sole counsel, in a six-figure fraud in relation to a property development contract.
  • Advised, as sole counsel, in a seven-figure dispute with issues of contractual formation, jurisdiction and applicable law.
  • Advised, as sole counsel, in a seven-figure bailment dispute with issues of jurisdiction.
  • Advising a major international airline, as sole counsel, on its obligations under a seven-figure landing gear servicing contract.
  • Acting in numerous cases, as sole counsel, to obtain emergency freezing injunctions and Norwich Pharmacal Orders in the context of a seven-figure cyber-fraud.
  • Instructed to advise, as sole counsel, in a seven-figure Term Facility Agreement and related Share Pledge dispute.
  • Advising a major international airline on an eight-figure commercial dispute, led by Edmund King QC.
  • Advised on the availability of an interim 'Asset Preservation Order' from the Commercial Court in support of anticipated seven figure Luxembourg proceedings.
  • Instructed as sole counsel to represent a public relations and media company in a dispute against a high-profile businesswoman from the BBC series ‘Dragon’s Den’.
  • Appeared, as sole counsel, in a full-day jurisdiction hearing in the Commercial Court concerning a disputed jurisdiction agreement.
  • Acted in a US$20 million two-day arbitration concerning the interaction of a chain of commercial contracts, led by Vasanti Selvaratnam QC.
  • Instructed, as sole counsel, to advise on and draft pleadings in a seven-figure dispute concerning breach of warranties contained in a Business Purchase Agreement.
  • Advising on and drafting pleadings, as sole counsel, in a case involving an exclusive software distribution agreement with the sole basis of English jurisdiction being Art. 25 of the Brussels 1 Regulation (as recast).
International Arbitration
  • Defending against an urgent, eight-figure freezing injunction application brought under s. 44 of the 1996 Act in the context of the corporate restructuring of a major shipowner, led by Michael Ashcroft QC.
  • Acting in an international arbitration with issues of joint-venture financing in Africa, led by Luke Pearce.
  • Obtaining an emergency anti-suit injunction to restrain foreign proceedings brought in breach of an arbitration agreement, led by Vasanti Selvaratnam QC.
  • Acting in an appeal under sections 68 and 69 of the Arbitration Act 1996 to the Commercial Court following three eight-figure arbitral awards, led by Vasanti Selvaratnam QC.
  • Acting for a Russian Private Equity Company in an SCC Arbitration concerning issues of contractual formation and the conflict of laws. Drafting submissions in a seven-figure LCIA Arbitration representing a Russian client in relation to the sale of a bank.
  • Assisted Timothy Hill QC in The Celtic Explorer [2015] EWHC 1810 (Comm) which was the first case to consider whether delay in the publication of an arbitration award constituted a serious procedural irregularity under s. 68 of the Arbitration Act 1996.
  • Assisting John Robb with the underlying arbitration and application in Union Marine Classification Services LLC v Comoros [2015] EWHC 508 (Comm).
Shipping
  • Acting in an appeal to the GAFTA Board of Appeal in relation to a seven-figure commodities dispute.
  • Acting for Buyers in fourteen inter-linked shipbuilding arbitrations concerning defective stern tube bearings and fuel overconsumption, led by Roderick Cordara QC and Adam Board.
  • Acting for Buyers in two eight-figure shipbuilding arbitrations where the vessel was undeliverable due to design failures in relation to the stern tube bearing, led by Vasanti Selvaratnam QC.
  • Acting in two inter-linked shipbuilding arbitrations concerning implied terms of good faith and circuity of action, led by Vasanti Selvaratnam QC.
  • Acting in an eight-figure arbitration which concerned cancellation of an offshore shipbuilding contract following delay, led by Nigel Eaten QC.
  • Instructed to provide a joint opinion on the interaction between ship arrests and the recognition of foreign insolvency proceedings for use in the Singaporean High Court litigation, led by James Morgan QC.
  • Acting, as sole counsel, to arrest a vessel in relation to a seven-figure Charterparty arbitration concerning breach of an Inter Club Agreement.
  • Acting, as sole counsel, in an SCMA Arbitration concerning demurrage.
  • Instructed, as sole counsel, by Shipowners to bring an action against cargo interests insurers for General Average Expenditure under an Average Guarantee and an Average Bond.
  • Acting in an eight-figure arbitration concerning the abandonment a charterparty, led by Simon Croall QC.
  • Instructed, as sole counsel, in relation to an international bunker fraud dispute.
  • Drafting Defence Submissions, as sole counsel, in response to a contaminated cargo claim under a pro-forma Vegoil Voyage Charterparty.
  • Drafting Claim Submissions, as sole counsel, in relation to sums due for towing services under a BIMCO TOWCON contract.
  • Advising, as sole counsel, on the availability of an anti-arrest injunction against bunker suppliers in the context of an English law governed supply contract containing a lien clause governed by US law.
  • Drafting submissions, as sole counsel, in a dispute concerning the BIMCO Voywar clause.
  • Drafting submissions, as sole counsel, in a dispute concerning allegations of inadequate cleaning under the ASBATANKVOY terms.
  • Drafting submissions, as sole counsel, in a case concerning the apportionment of loss for a shortage claim under the Inter-Club New York Produce Exchange Agreement 1996.
  • Advising, as sole counsel, on the recoverability of fees incurred by Charterers against Owners upon failure of an Asian Gypsy Moth inspection in Canada.
Insurance & Reinsurance
  • Acting, as sole counsel, in a seven-figure dispute concerning allegations of breach of class warranty.
  • Acted, as sole counsel, in a dispute concerning material non-disclosure.
  • Defended a claim, as sole counsel, on the basis of fraud by the insured due to a gross exaggeration of the loss suffered.
  • Acted, as sole counsel, in an on-going subrogation recovery claim concerning ownership of a bespoke six figure diamond and ruby ring.
  • Advised, as sole counsel, on The Cyber Attack Exclusion Clause (CL380).
  • Advised, as sole counsel, on the liability of an Excess Insurer to contribute to General Average Expenditure in circumstances where the amount paid was within the primary layer but the overall insured value was above it.
  • Advised, as sole counsel, on waiver of LLMC Limits.
Banking & Financial Services
  • Acting in an international arbitration with issues of joint-venture financing in Africa, led by Luke Pearce.
  • Advised the Financial Conduct Authority on the authorisation of online peer-to-peer lending platforms under Article 36H of Financial Services and Markets Act 2000 (Regulated Activities Order).
  • Advised a Russian bank on the procedure for forced sale of a multi-million dollar mortgaged vessel.
  • Drafted submissions in a seven-figure LCIA Arbitration representing a Russian client in relation to the sale of a bank.
  • Advised on the quantification of losses arising from a breach of freight hedging products.
  • Assisted numerous major city law firms with s. 166 (FSMA) skilled person reviews in quantifying consequential losses arising from the mis-sale of Interest Rate Hedging Products.

Education and Career: 

BA (Hons) - Law - 2011 - University of Cambridge: Double First Class Honours.

Commercial LLM - 2012 - University of Cambridge: 1st Class Honours, Top 10 in the year.

City University - Bar Professional Training Course - 2013 - Very Competent.

Awards

  • Shelford Scholarship - Awarded by Lincoln's Inn to students who continue to excel during pupillage (2013).
  • Lord Mansfield Scholarship - Awarded by Lincoln's Inn - The highest scholarship given by the Inn to fund the BPTC and provide accommodation for 2012-13. Awards "are made on merit. Merit is assessed in terms of the candidate's intellectual qualities...together with qualities of personality and presentation also regarded as being of the greatest importance in anyone aiming at life as a barrister."
  • Hardwicke Scholarship - Awarded by Lincoln's Inn for students of outstanding academic calibre (2012).
  • Larmor Award - Awarded by St John's College, Cambridge, to "undergraduates adjudged to be the most worthy for intellectual qualifications or for moral conduct and practical activities" (2011).
  • Rebecca Squire Scholarship - Awarded by the Faculty of Law for academic excellence (2010 & 2011).
  • Whytehead Scholarship - Awarded by St John's College for academic excellence (2010, 2011 & 2012).
  • McMahon Scholarship - Awarded by St John's College for exceptional students pursuing a career at the Bar (2012).
  • McMahon Prize - Awarded by St John's College for outstanding academic achievement (2012).
  • Wright Prize 2012 - Awarded by the University of Cambridge for special merit in the category of first class honours; ordinarily those in the top third of firsts (2012).

 

Publications: 

'Joint insurance issues in The Ocean Victory: the roads not taken', Lloyd’s Maritime and Commercial Quarterly 2018, [2018] L.M.L.C.Q. 50.

'The legal implications of cyber-security breaches for financial institutions' [2017] 11 JIBFL 676.

'The Strengthening Of Jurisdiction Agreements Following Brussels Reg (Recast) And The Impact of Brexit' [2017] 8 JIBFL 476. The full PDF article is available below.

'Jurisdiction, Enforcement and the Conflict of Laws in Cross-Border Commercial Disputes: What are the Legal Consequences of Brexit?' (2016) 27 (7) EBLR 903 (published by Kluwer Law International).

Assisted with the Fourth Supplement of Dicey, Morris & Collins, The Conflict of Laws, 15th Ed.

Andrew sat on the two ComBar Brexit Working Groups. The first to advise on the impact of Brexit on the Conflict of Laws in England and Wales and the second to advice on the impact of Brexit on International Arbitration in London; Andrew played a key role in drafting both position papers.

Andrew assisted Sir Richard Aikens with research for his lecture entitled 'Lord Mustill and Maritime Law' as published in (2017) LMCLQ 349.

 

Appointments and Society Memberships: 

COMBAR
Young Fraud Lawyers Association (YFLA)
LSLC & YMP
The London Common Law and Commercial Bar Association
Arbitration Ireland

 

Lectures and Teaching: 

Andrew regularly provides seminars to both professional and lay clients. Further, Andrew taught ‘The Practicalities of Off-Hire’ at the Lloyd’s Maritime Academy, Time & Voyage Charterparties Seminars, 2017.

Privacy notice: 

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The strengthen of jurisdiction agreements following Brussels Reg (Recast) and the impact of Brexit.pdf491.98 KB