“Andrew Thomas, who is ‘extremely thorough in his analysis and thinking’, and ‘tactically shrewd in his submissions, particularly in court’”
- The Legal 500 2013
Andrew Thomas has advised on and appeared, both led and un-led, in a wide spectrum of commercial litigation and arbitrations including banking, aviation, telecoms, professional negligence, shipping, insurance and reinsurance, and jurisdictional related disputes. In addition to regularly appearing in the Commercial Court and before other tribunals in England, he has participated in hearings in Zurich and the British Virgin Islands.
Andrew began his career by acting as Junior Counsel in the BSE Inquiry conducted by Lord Phillips and has since been involved in a number of disputes involving over £100 million including Bancomext v ETECSA. Andrew has acted for a Prince and Princess of Romania, Sir Allen Stanford, the London Philharmonic Orchestra and The Harlequins Football Club. Andrew has also pursued claims against Mr Nicholas Van Hoogstraten and several major banks including Credit Suisse, UBS and Calyon.
Andrew has experience with issues ranging from abstract points in construction of commercial contracts and acted in Durham Tees Valley Airport v bmibaby  1 Lloyd's Rep. 68 and Camerata v Credit Suisse  2 B.C.L.C. 54. He also has extensive experience involving complex jurisdiction disputes. He recently acted in UBS v Regione Calabria  1 C.L.C. 580.
Andrew is ranked as a Leading Junior in Banking and Finance by the Legal 500 2012.
Commercial litigation and arbitrations
Andrew has extensive experience of complex substantive commercial disputes involving contractual issues and torts, in a wide variety of contexts (including various cases with international dimensions giving rise to issues as to jurisdiction and the applicable law).
- Durham Tees Valley Airport v bmibaby  1 All E.R. (Comm) 731;  1 Lloyd's Rep. 68 - Court of Appeal, regarding measure of damages
- Durham Tees Valley Airport Ltd v bmibaby Ltd  2 All E.R. (Comm) 1083;  2 Lloyd's Rep. 246 - construction of contract
- Reliance Globalcom Ltd v OTE International Solutions SA  EWHC 1848 (QB)
- FR Lurssen Werft GmbH & Co KG v Halle  1 Lloyd's Rep. 265
- FR Lurssen Werft GmbH & Co KG v Halle  2 Lloyd's Rep. 20
- Bancomext v ETECSA  2 C.L.C. 690  I.L.Pr. 59
- Bancomext v ETECSA  EWCA Civ 662;  1 W.L.R. 1936;  Bus. L.R. 1265;  2 All E.R. (Comm) 1093;  2 Lloyd's Rep. 484 - Court of Appeal
- Metal Distributors (UK) Ltd -v- ZCCM Investment Holdings Plc  2 Lloyd's Rep 37 regarding the jurisdiction of arbitrators.
- Anglo Eastern Trust -v- Kermanshahchi  BPIR 1229m, a commercial dispute involving property transactions.
- Represented Sir Allen Stanford in relation to a sponsorship dispute over the Stanford 20/20 for 20 cricket series (with Mark Cran QC).
- Junior Counsel on a telecommunications arbitration involving allegations of money laundering and claims for assets worth hundreds of millions of dollars.
- Engaged in proceedings involving damage to oil pipelines, giving rise to various issues of quantification of alleged future losses.
Banking and finance
Andrew is ranked as a Leading Junior in Banking and Finance by the Legal 500 2013.
Andrew has been engaged on various cases involving major banks (including Credit Suisse, UBS, Calyon, Lehman Brothers, Barings, NatWest, HSBC and Lloyds) which raised issues regarding:
- the duties owed by banks to its customers;
- the duties owed to banks by their auditors;
- construction of mandates given to banks,
- liabilities under guarantees to banks;
- rights and obligations of various banks and other parties under letters of credit;
- duties of banks under custodian agreements;
- various demands for banking records;
- the misselling of financial services products.
His notable banking and finance cases include:
- Camerata v Credit Suisse  EWHC 7 (Comm)  EWHC 479 (Comm);  2 B.C.L.C. 54;  1 C.L.C. 627
- Camerata v Credit Suisse  EWHC 7 (Comm);  1 C.L.C. 234;  P.N.L.R. 15 [insert check]
- UBS v Regione Calabria  EWHC 699 (Comm);  1 C.L.C. 580;  I.L.Pr. 22
- Calyon v PZL -  EWHC 1914 (Comm);  2 All E.R. (Comm) 603
- Junior counsel for Coopers & Lybrand in the Barings Litigation, involving allegations of negligence by the auditors of Barings in relation to the activities of Nick Leeson.
Extensive practical experience in litigation involving allegations of civil fraud and deceit, including related interim relief hearings (particularly freezing orders) and asset recovery issues.
- Bampton v Rust  EWHC 3662 (QB) - Accountancy professional negligence and deceit
- Brampton v Rust  EWHC 216 (QB)
- Cadogan Petroleum Plc v Tolley  EWHC 2527 (Ch) - conspiracy
- Engaged in proceedings by Motorola Credit Corporation against Uzan and others, including issues regarding whole wide freezing orders.
- Various cases requiring urgent applications for freezing orders, including on behalf of the London Philharmonic Orchestra
Other notable cases
- Waltham Forest LBC v Oakmesh Ltd  EWHC 1688 (Ch);  J.P.L. 249
- Transco Plc v United Utilities Water Plc  EWHC 2784 (QB);
- Metal Distributors (UK) Ltd v ZCCM Investment Holdings Plc  EWHC 156 (Comm);  2 Lloyd's Rep. 37; Times, March 9, 2005
- Engaged in long-running litigation against Mr Van Hoogstraten by the estate of Mr Raja, including matters relating to freezing orders and Raja -v- Van Hoogstraten (Court of Appeal) with regard to contempt and abuse of process. Includes Raja v Van Hoogstraten  EWCA Civ 968;  4 All E.R. 793.
- Anglo Eastern Trust Ltd v Kermanshahchi  EWHC 1939 (Ch);  B.P.I.R. 1229 - hearing regarding beneficial interests in property and alleged transactions at an undervalue
- Carnoustie Universal SA v International Transport Workers Federation  EWHC 1624 (Comm);  2 All E.R. (Comm) 657;
- Don King Productions Inc -v- Warren and Others  2 All ER 608,  3 WLR 276,  2 Lloyd's Rep 176,  2 BCLC 132,  RPC 817 regarding contractual assignments and declarations of trust.
- Carnoustie Universal SA and others -v- International Transport Workers' Federation and others  2 All ER (Comm) 657, involving issues of conflicts of laws, jurisdiction and duress.
- J Sainsbury plc -v- Broadway Malyan (a firm) (Ernest Green Partnership Ltd, third party) 61 Con LR 31 - including issues regarding loss of a chance and contribution claims.
- Junior Counsel in the BSE Inquiry conducted by Lord Phillips
Qualifications & Further Information
Andrew regularly gives seminars to solicitors and clients in house on a range of subjects including on repudiatory breaches of contract.
Qualifications and prizes
Law B.A. (First Class Honours), Balliol College, Oxford
Recipient of Oxford University's Eldon Law Scholarship, and the Slaughter and May prize for the Best Performance in Contract in Finals, and Inner Temple's Princess Royal Scholarship.
Called to the Inner Temple
Other interests - Science fiction and the exploration of space.
Called to the Bar of the British Virgin Islands
Andrew is ranked as a Leading Junior in Commercial Litigation, and Banking and Finance by the Legal 500 2014.
- "Extremely bright, and good at spotting the merits of a case." (The Legal 500 2014)
- "A very good junior, who is superb with difficult clients and challenging cases." (The Legal 500 2014)
- "Andrew Thomas, who is ‘extremely thorough in his analysis and thinking', and ‘tactically shrewd in his submissions, particularly in court'" (Legal 500 2013)