Andrew Henshaw's Full CV

Qualifications

BA in Law (Cambridge, First Class) (MA 1987)

Solicitor 1984

Solicitor-Advocate 1998

Called to Bar 2000

Practice Profile

Andrew Henshaw advises and appears in cases involving all types of commercial litigation, with a particular emphasis on banking, derivatives and other financial matters. He is recognised by the Legal 500 as a leading junior in banking litigation. Andrew also practices European and public law, and has represented and advised public authorities and private clients in cases involving insurance regulation, financial regulation, public procurement, telecoms, mental health and social security law. He is listed by the Legal 500 as a leading junior in administrative law. He has represented the UK in references to the ECJ in cases concerning jurisdiction/enforcement of judgments, electricity regulation, pharmaceuticals regulation and insolvency law. Andrew is a member of the Attorney General's B Panel of Junior Counsel. He was formerly a partner of Linklaters, where he specialised in commercial litigation and qualified as a Solicitor-Advocate.

Banking and Financial Law

  • UBS v HSH Nordbank [2008] EWHC 1529 (Comm) (jurisdiction; credit derivatives)
  • Cassa di Risparmio di San Marino v Barclays Bank PLC (pending before Commercial Court; credit derivatives)
  • Banco Popolare di Intra v Barclays Bank PLC (pending before Commercial Court; credit derivatives)
  • Banco Popolare di Intra v Bank of America (claim in Commercial Court relating to credit derivatives; settled out of court in 2005)
  • Valse v Merrill Lynch, [2004] EWHC 2471 (Commercial Court, securities)
  • Southern Shipping v Chase Manhattan (derivatives dispute; settled out of court in 2002)

General Commercial Litigation

  • Underwriting Members of Lloyd's Syndicate 980 v Sinco SA [2008] EWHC 1842 (Comm) (Commercial Court; jurisdiction under Judgments Regulation)
  • Village Investigations v Gardner and Metcalfe [2005] EWHC 3300 (QB) (claim for final injunction and delivery up for breach of confidence)
  • Price-Jones v Commerzbank, [2003] EWCA Civ 1663 (QBD 2002 and Court of Appeal 2003, restitution)
  • Oxybel v Essar (Commercial Court 2003, liability under guarantees)
  • Babcock International Ltd v Mitsui Babcock Energy Ltd, [2002] EWHC 2728 (Comm.) (construction of commercial agreements)
  • Scancom International A/S v RWH Enterprises Ltd, [2003] All ER (D) 69 (High Court 2003, sale of goods)
  • Arbitrations relating to political risk reinsurance and trademark licensing issues

European and Public Law

  • Federal Security Services Ltd v The Northern Ireland Court Service [2009] NIQB 15 (high Court of Northern Ireland; public procurement)
  • Ratcliffe v Ministry of Defence [2009] EWCA Civ 39 (Court of Appeal; human rights challenge to pension scheme)
  • Merger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform [2008] CAT 36 (Competition Appeal Tribunal; challenge to decision to clear Lloyds Bank/HBOS Merger)
  • Case C-140/07 Hecht-Pharma (European Court of Justice; medicines regulation
  • R (GN) (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 112, [2008] All ER (D) 10 (Jan) (asylum)
  • Poole v HM Treasury [2006] EWHC 2731 (Comm), [2007] 1 All ER (Comm) 255, [2007] Lloyds Rep IR 114; and [2007] EWCA Civ 1021, [2008] 1 All ER (Comm) 1132 (Francovich claims re regulation of Lloyd's market)
  • Case C-439/06 Citiworks [2008] All ER (D) 309 (May) (ECJ 2008; regulation of electricity industry)
  • Case 386/05 Color Drack [2008] 1 All ER (Comm) 168 (ECJ 2007; Judgments Regulation)
  • R (OS) v Secretary of State for Home Department [2006] EWHC 1903 (Admin) (judicial review; mental health)
  • Ratcliffe v Secretary of State for Defence (appeal to Pensions Commissioners on point of law; human rights; 2006)
  • Beltekian v City of Westminster, [2004] EWCA Civ 1784, [2004] All ER (D) 121 (Court of Appeal, statutory reviews of housing benefit)
  • Benson v Secretary of State for Trade and Industry, [2003] All ER (D) 113 (Employment Appeal Tribunal, state-guaranteed payments on employer insolvency)
  • Mowat-Brown v University of Surrey, [2002] IRLR 235 (Employment Appeal Tribunal, disability discrimination)
  • In re Medicaments, [2001] 1 WLR 700 (Court of Appeal, recusal of Restrictive Practices Court)
  • R v DTI ex p. BT3G (Administrative Court 2000 and Court of Appeal 2001, 3G licence auctions)
  • Numerous appearances in the Administrative Court and mental health review tribunals in cases relating to mental health, social security and immigration/asylum

Important cases as Solicitor

  • Jaks (UK) Ltd. v Cera Investment Bank SA, [1998] 2 Lloyd's Rep. 89 (Commercial Court, letter of credit) (appeared as solicitor-advocate)
  • ICFI Corporate Securities Fund v International Company for Finance and Investments (Commercial Court 1999, setting aside freezing orders on grounds of non-disclosure and misrepresentation) (appeared as solicitor-advocate)
  • BCCI (acting for Republic of Panama pursuing claims relating to Noriega funds)
  • Advantage and Martinez v Ellesse (Court of Appeal 1999, sponsorship contract)
  • Morgan Stanley v Puglisi, [1998] CLC 481 (Commercial Court, derivatives)
  • Bankers Trust v RCS Editori, [1996] CLC 899 (Commercial Court, anti-suit injunction in relation to swaps agreement)
  • J. Lauritzen v Mitsui, [1996] 2 Lloyd's Rep. 44 (Court of Appeal, liabilities arising from detention of vessel)
  • Travco Nile Cruise Lines v Thomas Cook, [1994] 1 Lloyd's Rep. 382 (Court of Appeal, alleged exclusive jurisdiction clause and forum non conveniens issues)
  • Maxwell (acting for a UK bank in relation to litigation in UK and US relating to title to securities and preferences)

Publications

Publications include chapters on derivatives litigation and financial self-regulation

in "Derivatives Instruments Law" (ed. Swan, 1995), and articles on preference law in international insolvency (1997), choice of forum under the Brussels Convention (1997) and managing internal investigations (1999)

Andrew was a speaker in Brick Court Chambers seminar in November 2006 on Damages Claims in Competition Law. He also spoke on the subject of procurement at a seminar given to the Legal Services Commission in February 2009.

Further Information

Member of Combar, Bar European Group and Administrative Law Bar Association.

Member of Bar Council Working Group on Consumer Collective Redress.