Brick Court Chambers

Andrew McIntyre

Andrew McIntyre

YEAR OF CALL: England and Wales: 2011; Ireland: 2022

"Andrew McIntyre is great to work with. He's extremely intelligent, highly commercial and very personable and easy to deal with."
Chambers & Partners 2024
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Andrew has a broad practice covering all aspects of commercial litigation as well as competition, EU and public law. He regularly acts in cases spanning multiple practice areas. His recent work includes Wong v Grand View Private Trust Company, one of the largest and most complex commercial trials ever to have been heard by the Bermuda Supreme Court; BMW v Competition & Markets Authority, an appeal to the Court of Appeal concerning the territorial scope of the CMA’s statutory powers following Brexit; the Dieselgate group litigation; and the Trucks cartel damages claims.

Before coming to the Bar, Andrew was a UN legal officer at the Khmer Rouge tribunal in Cambodia. He had previously worked for Yanagida and Partners, a leading law firm in Tokyo, where he advised on international commercial disputes; and at the Legal Resources Centre in Johannesburg, where he focused on constitutional and human rights litigation.

Andrew has degrees from Oxford University and Harvard Law School. He graduated at the top of his class on the BPTC and won the Student of the Year award at Lincoln’s Inn in 2011.

He is the co-author of Fraud and Breach of Warranty: Buyers' Claims and Sellers' Defences (Bloomsbury, 2020).

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  • Commercial M

    Andrew has broad experience of commercial litigation, and is regularly instructed in major high-value disputes. His recent cases include:

    • Allsop v BMW: acting for BMW in the ‘Dieselgate’ group litigation, in which the claimants seek damages for breach of statutory duty, deceit, breach of contract and breach of competition law arising out of the alleged use of ‘defeat devices’ in the defendants’ vehicles.
    • Wong v Grand View Private Trust Company [2022] SC (Bda) 44 Com: acting in the defence of Bermuda purpose trusts holding approximately $15-20 billion in assets, in claims raising a wide range of complex legal and factual issues under the laws of Bermuda, the BVI and Taiwan, including lack of authority, mistake, undue influence, forgery, mental capacity, and the construction of the 1677 Statute of Frauds.
    • Stonegate v Kent: defending a claim for fraud, conspiracy, breach of fiduciary duty and breach of undertakings given to the Competition Commission following a merger between major operators in the egg supply industry.
    • Slater & Gordon v Watchstone: acting for Slater & Gordon in a £637 million claim for fraud and breach of warranty arising from its acquisition of Watchstone’s professional services business. One of The Lawyer’s Top 20 Cases of 2019.
    • HP and Autonomy v Lynch: acting in a £3.3 billion fraud claim relating to Hewlett-Packard’s acquisition of Autonomy. One of The Lawyer’s Top 20 Cases of 2019.
    • Tchenguiz v Grant Thornton: acting for Grant Thornton in multi-billion pound fraud and conspiracy claims brought by the Tchenguiz brothers following the termination of an investigation into their affairs by the SFO. One of The Lawyer's Top 20 Cases of 2018.
    • Medical Research Council v Celltech: acting for the MRC in a £50 million claim for royalties payable on sales of pharmaceutical products under a chain of licences and sub-licences.
    • Catalyst Managerial Services v Libya Africa Investment Portfolio: acting for the claimant in a $250 million claim relating to services provided to a subsidiary of the Libyan Investment Authority.
  • Competition M

    Andrew regularly acts in high-profile competition damages claims, including collective proceedings, in the Competition Appeal Tribunal. His recent experience includes:

    • Whistl v Royal Mail: acting for Royal Mail in a £600 million claim for abuse of dominance by a potential competitor in the bulk mail delivery market.
    • BMW v Competition and Markets Authority [2024] EWCA Civ 1506, [2023] CAT 7: acting for BMW in an appeal concerning the extra-territorial scope of the CMA’s document production powers after Brexit.
    • BSV Claims v Bittylicious: acting for one of the defendant cryptocurrency exchanges, Kraken, in collective proceedings brought by holders of a cryptocurrency called "Bitcoin Satoshi Vision", alleging anti-competitive collusion via Twitter.
    • Trucks litigation: acting for Iveco in the ongoing Trucks cartel damages claims, in which the claimants seek damages following the EU Commission's 2016 finding of infringement against a number of major European truck manufacturers.
    • Iiyama v Samsung and others: acting for Samsung in the defence of a follow-on damages claim relating to TV and computer monitor components.
    • GTS Gas Turbine Services v Rolls-Royce: acting for the claimant in a claim against Rolls-Royce for abuse of dominance in the gas turbine aftermarket.
  • EU Law M

    Andrew has advised clients extensively on EU law, both pre- and post-Brexit, and has particular experience in the fields of chemical and pharmaceutical regulation. He was called to the Bar of Ireland in 2022 and continues to appear in cases before the courts and tribunals of the EU. His recent work includes:

    • WR Grace v European Chemicals Agency (Lanthanum Chloride): acting for the appellant in an appeal against a compliance check decision under the REACH Regulation.
    • Advising a generic pharmaceuticals manufacturer on Brexit-related changes to the Marketing Authorisation rules.
    • BASF v European Chemicals Agency (Aluminium Chloride): acting for the intervener in an appeal against a substance evaluation decision under the REACH Regulation.
    • WR Grace v European Chemicals Agency (Silicon Dioxide): acting for the appellant in an appeal against a substance evaluation decision under the REACH Regulation.
    • Advising a multinational dairy producer on compliance with EU food regulations.
  • Public Law M

    Andrew has broad experience of domestic and international human rights litigation, having worked on Constitutional Court cases in South Africa, Alien Tort Statute claims in the United States, applications to the European Court of Human Rights and judicial review claims in the UK. Highlights of his work include:

    • Wilson v Northern Ireland Office / Gilroy v PSNI and others: acting for the Northern Ireland Office in defence of two claims alleging discrimination in internment policy in the 1970s.
    • Rahmatullah v Ministry of Defence [2017] EWHC 547 (QB): representing the Claimant in a claim for damages in tort and under the Human Rights Act arising out of his torture and unlawful detention in Afghanistan.
    • Ireland v UK (2018) 67 EHRR SE1: instructed by the UK Government in an application by the Irish State seeking revision of a 1978 judgment of the European Court of Human Rights relating to interrogation practices in Northern Ireland.
    • Re Gard (Yates v Great Ormond Street Hospital) [2017] EWCA Civ 410: acting for the parents of Charlie Gard in an appeal to the Court of Appeal, and oral permission application to the Supreme Court, against an order preventing them taking their child for medical treatment overseas (with Richard Gordon QC).
    • Gard v UK [2017] 2 FLR 773: instructed by the parents of Charlie Gard in an application to the European Court of Human Rights.
    • Home Secretary v ZAT (Syria) [2016] EWCA Civ 810: appearing for the UNHCR as intervener in an appeal concerning the admission to the UK of unaccompanied child asylum-seekers (with Marie Demetriou QC).
    • British Gas Trading v Gas and Electricity Markets Authority: acting for UK Power Networks in an appeal under the Electricity Act 1989 against electricity distribution price controls.
    • Z v Croatia: acting for the applicant in an application to the European Court of Human Rights in respect of a State’s failure to prosecute war crimes and grave breaches of the Geneva Conventions (with Martin Chamberlain QC).
    • R (Philip Morris) v Secretary of State for Health: acting in a claim for judicial review relating to Directive 2014/40/EU on tobacco products (with Marie Demetriou QC).
  • Career & Qualifications M

    Career

    2011-14  Associate Legal Officer/Greffier, UN Assistance to the Khmer Rouge Trials, Phnom Penh

    2012-13  Pupil, Brick Court Chambers

    2009-10  Foreign Law Advisor, Yanagida & Partners, Tokyo

    2008-09  Human Rights Fellow, Legal Resources Centre, Johannesburg

    Qualifications

    2011 BPTC, The City Law School (Outstanding)

    • Student of the Year, Lincoln’s Inn
    • Lord Scarman Scholarship (best overall performance on the BPTC)
    • OUP Prize for Advocacy and Procedure
    • ICLR Busfield Prize for Opinion Writing

     

    2008 LLM, Harvard Law School   

    • Henigson Human Rights Fellowship
    • Kennedy Scholarship

     

    2007 BA (First Class Hons), University of Oxford

    • Wronker Prize for Jurisprudence
    • First Prize, The Times Law Awards
    • Lord Mansfield Scholarship, Lincoln’s Inn
    • Sweet & Maxwell Prize for Best Overall Performance in Oxford Law Moderations
  • publications M

    Salzedo, McIntyre and Shaw, Fraud and Breach of Warranty (Bloomsbury, 2020)

  • directory quotes M
    • "Andrew McIntyre is great to work with. He's extremely intelligent, highly commercial and very personable and easy to deal with." (Chambers & Partners 2024)
    • "He provides very strong legal advice, is on top of pleadings and is a very good advocate." (Chambers & Partners 2024)