Andrew advises and acts on a broad range of commercial and civil litigation and has a distinct specialism in complex trust and property disputes, as well as matters relating to fraud and breaches of fiduciary duty in respect of directors and trustees. He also has experience in liquidations and high-value estate disputes, having represented executors, administrators and beneficiaries.
Andrew is skilled in applications to register and enforce foreign judgments, and also deals with applications for Norwich Pharmacal Orders and interim relief, including freezing injunctions.
Andrew has represented numerous clients faced with regulatory proceedings and proceedings under the Proceeds of Crime Act, including restraint and confiscation proceedings. He has also represented clients in the High Court, the Appeal Court, the Privy Council, and in the criminal courts, in addition to the Employment Tribunal, Advocates Disciplinary Tribunal and the Licensing Court.
Expertise
- Trial and courtroom advocacy
- Dispute resolution
- Freezing injunctions and Norwich Pharmacal Orders
- Registration and enforcement of foreign judgments
- Debt recovery
- Fraud
- Breach of fiduciary duties
- Professional negligence claims
- Trust disputes and related proceedings
- Shareholder disputes
- Contractual disputes
- Criminal litigation
- Proceedings under the Proceeds of Crime Act, including restraint and confiscation proceedings
- Employment disputes
- Regulatory proceedings
Experience
Freezing injunctions and Norwich Pharmacal Orders
- Advised numerous clients on freezing injunctions, including ancillary disclosure orders, and Norwich Pharmacal Orders.
Registration and enforcement of foreign judgments
- Registered and enforced numerous foreign judgments, including a judgment in the sum of £90m.
Debt recovery
- Acted for numerous individuals and entities in recovering substantial debts.
Fraud
- Advised a shareholder in a claim against three fellow shareholders (who were also holding the shares in trust for the client) for damages in the sum of £500,000 as a result of breach of the shareholders’ agreement, and fraudulently breaching their fiduciary duties and trust by manipulating the valuation of the client’s shares following his resignation from the company. The matter reached a successful conclusion following a lengthy mediation.
- Acted for a defendant in high-profile complex fraud/breach of directors’ duties proceedings alleging fraud against the billionaire director of a publicly listed Indian company with damages claimed in excess of £350m.
- Advised a company in a claim against its former directors and corporate service provider as a result of a number of fraudulent payments to one of the former directors amounting to over £10m. Also advised the company’s subsidiary in a claim against one of the main banks seeking to set aside a number of charges granted by the former directors to secure a loan from the bank to a former director as part of the former directors’ attempts to disguise the origins of the fraudulent payments.
- Advised publicly listed claimant companies in complex fraud proceedings in the Isle of Man arising from an alleged Eastern European real estate investment fraud with a claim value in excess of €25m, including negligence claims against the directors and auditors.
- Advised numerous individuals and entities in quasi-fraud claims.
Breach of fiduciary duties
- Acted for the defendant in high-profile complex fraud/breach of directors’ duties proceedings alleging fraud against the billionaire director of a publicly listed Indian company with damages claimed in excess of £350m.
- Successfully represented a firm of advocates in defending a claim brought against it for damages in the sum of £2m, as a result of an alleged breach of contract, breach of fiduciary duty and negligence.
- Advised a shareholder in a claim against three of his fellow shareholders (who were also holding the shares in trust for my client) for damages in the sum of £500,000.00 as a result of breach of the shareholder’s agreement, and fraudulently breaching their fiduciary duties and trust by manipulating the valuation of my client’s shares following his resignation from the company. This matter reached a successful conclusion following a lengthy mediation.
- Advised a company in a claim against its former directors and corporate service provider as a result of a number of fraudulent payments to one of the former directors amounting to over £10m. Also advised the company’s subsidiary in a claim against one of the main banks seeking to set aside a number of charges granted by the former directors to secure a loan from the bank to a former director as part of the former directors’ attempts to disguise the origins of the fraudulent payments.
Professional negligence
- Successfully represented a firm of advocates in defending a claim brought against it for damages in the sum of £2m, as a result of an alleged breach of contract, breach of fiduciary duty and negligence.
Trust disputes and related proceedings
- Advised the executors of a billionaire’s estate on an application to seek the court’s direction on the ownership of the deceased’s family home, as a result of a number of failed trusts and an erroneous conveyance made in the deceased’s lifetime.
- Advised the executors of an estate, valued at over £20m, in defending a claim over the validity of a will and allegations of undue influence.
- Advised a number of clients in Beddoe Applications and applications seeking the directions of the court.
Contractual disputes
- Advised a company in defending a claim brought by an online gambling company, and counterclaiming for approximately £12m.
- Acted for the claimants in Morris & Morris v Knox Limited and MBL Financial Limited and succeeded on all of the contested points, and in defending the counterclaim for £500,000. Also successfully represented the claimants in the costs application and proceedings, which involved sums that outweighed the amounts at stake in the substantive proceedings.
- Advised a listed company in a dispute regarding a break clause in a lease.
- Advised numerous companies and individuals in landlord and tenant disputes.
- Advised the Island’s leading property development company in defending a claim for damages in the sum of £1.5 as a result of an alleged breach of contract for sale.
- Successfully represented a firm of advocates in defending a claim brought against it for damages in the sum of £2m, as a result of an alleged breach of contract, breach of fiduciary duty and negligence.
Employment disputes
- Advised an employee in a successful claim against a government department for unfair dismissal and breaches of the Data Protection Act.
- Advised a consultant employee in a whistleblowing claim against the Department of Health and Social Care.
- Advised a former director of a government department on a claim for redundancy.
- Advised a leading corporate service provider in a high-level employment dispute involving sums over £400,000.
- Advised a company that owned a leading Isle of Man restaurant on 12 redundancies following the decision to close the restaurant. This matter also involved successfully defending a claim for unfair/wrongful dismissal.
Proceedings under the Proceeds of Crime Act
- Advised 10 individuals and entities who were subject to Restraint Orders, restraining assets valued at over £15m, following a global investigation. Successfully discharged all of the Restraint Orders and obtained an order requiring the police to return the assets seized for the criminal investigation.
- Successfully discharged a Restraint Order that restrained an individual’s assets valued at £400,000.
- Advised a client in discharging a Restraint Order which restrained funds in the sum of £360,000.
- Represented a number of clients in confiscation proceedings following guilty pleas to criminal charges.
Regulatory proceedings
- Represented a senior advocate before the Advocates Disciplinary Tribunal as a result of a complaint by the Isle of Man Law Society alleging numerous breaches of the Advocates Practice Rules and Advocates Accounts Rules. The Advocate retained his practising certificate and received a small fine of £4,500.
- Successfully represented a senior advocate before the Advocates Disciplinary Tribunal as a result of a complaint brought by an individual who was the adverse party to his client’s claim.
Criminal litigation
- Advised numerous clients in criminal proceedings from police interview to trial.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Recognition
Recognised as a Leading Individual by The Legal 500 2022 for Isle of Man: Dispute Resolution
Recognised as a Next Generation Partner by The Legal 500 2022 for Isle of Man: Employment
“Andrew Marshall”s knowledge of the employment sector has been exceptional. From dealing with redundancy issues to potential disputes regarding terms of employment and severances. I have had complete confidence in his advice and guidance.” The Legal 500 2022
“Andrew Marshall has had to deal with some complex and potentially stressfully situations in dealing with a difficult and potentially contentious estate. He has at all times been professional, available and thoughtful in his approach and his careful handling of personalities and scenarios has helped to avoid dramas turning into crisis.” The Legal 500 2022
“Andrew Marshall is absolutely focused on resolving each matter in the best way, deploying his very considerable knowledge of the law, his clear and detailed forensic analysis, his extensive tactical experience, and his practical common sense, to find the best solution to every problem and to provide his clients with exemplary outcomes. He is absolutely first rate.” The Legal 500 2022
“Andrew Marshall is a rising star in the Manx legal landscape. He is a beacon of hope for the future – bright, energetic and humble.” The Legal 500 2022
“I have worked with Andrew Marshall. He has always been very attentive and helpful in his guidance and also very willing to explain legal terms and issues to me at length. Above all, I trust his counsel completely. He has always been at the end of the phone when I need to speak to him and in person should it be required.” The Legal 500 2022
Recognised as a Next Generation Lawyer in the Legal 500 2021 for Isle of Man: Employment
Recognised as a Next Generation Lawyer in the Legal 500 2021 for Isle of Man: Dispute Resolution
“Andrew Marshall brings great strength in terms of attention to complex detail whilst also formulating the bigger picture and strategy for complex cases. He enables clients to feel at ease due to these exceptional dual strengths.” Legal 500 2021
“Andrew Marshall is an exceptional employment lawyer. He shows exceptional awareness of complex issues and the drive needed to push complex cases forward. He has an excellent manner with clients.” Legal 500 2021
“Andrew Marshall will not rest until he is confident that he has found the very best solution for his clients, applying his detailed knowledge and experience across the corporate litigation sphere to achieve the appropriate outcome.” Legal 500 2021
“Andrew Marshall is an outstanding lawyer, very personable, shrewd and not shy about reining in a client who may be too aggressive for their own good.” Legal 500 2021
“Andrew Marshall would be an asset to any firm. He is responsive and does not say what you want to hear. If it’s bad news he will tell you but also has compassion to take time to understand the situation.” Legal 500 2021
Recommended in the Legal 500 2020 for Isle of Man: Dispute Resolution
“Andrew Marshall builds up very good working relationships and always has the best interests of his clients at the fore, as well as being able to explain issues in a very succinct way.” Legal 500 2020
“Andrew Marshall is extremely professional while maintaining an easy, friendly manner.” Legal 500 2020
Recommended in the Legal 500 2018 for Isle of Man: Dispute Resolution
“Andrew Marshall, whose drafting skills are second to none and who has that rare ability to condense complex issues into compelling, succinct explanations.” Legal 500 2018
Career
Andrew qualified as an advocate in 2010. Prior to joining Keystone Law in 2018, he worked at the following firms:
- Gough Law
- Kerruish Law & Trust