Andrew Irvine

Andrew advises on complex banking and financial disputes, including civil fraud, professional negligence, mis-selling claims, contractual breaches, partnership issues, and shareholder disagreements. 

• Successful claim by an accountant for expert witness fees and Capital Gains Tax work in an action involving forged Land Registry applications to remove a charge protecting fees and a claim by the defendant that the accountant’s work had been covered by an agreement that his fees would be paid on a contingency basis. 
• Successful appeal on behalf of a bank of a first-instance judgment that the bank had assumed the duties of an insurance broker in relation to a loan and insurance that were changed by the borrower in the belief that she was required to do so by the bank rendering the bank liable for subsequent claims by the insurer in settling a claim brought under the changed policy. 
• Acted for the claimant in the recovery of several valuable properties and other assets of which he had been defrauded by the defendant using an offshore trust as a vehicle. Described by the trial judge, Henderson J, as an “extraordinary case”. 
• Acted for a company in a successful appeal against a lump sum order made in matrimonial proceedings where the company had been held to be the husband’s alter ego and ordered to pay the former wife £500,000. 
• Successfully acted for a Danish defendant in resisting a claim to recover multimillion-pound bonuses paid to directors in alleged breach of fiduciary duty. 

Andrew acts in both corporate and personal insolvency matters, advising on director liability, antecedent transactions, and claims arising from fraud, negligence, and shareholder or partnership breakdowns. 

• Acted for the liquidators in heavily contested proceedings for wrongful trading, preference and unlawful dividend claims; settled on a full-liability basis immediately before trial. 
• Striking out the liquidator’s claim for wrongful trading against the client on limitation grounds. Decision on the appropriate limitation period for wrongful trading proceedings under section 214 Insolvency Act 1986. 

Andrew handles a broad range of commercial litigation, including share warranty claims, personal injury claims, contractual disputes, and professional negligence. 

• Acted for former West Ham, Blackburn Rovers, and Charlton player Matty Holmes in proceedings against Kevin Muscat and Wolverhampton Wanderers for a career-ending tackle in a 4th Round F.A. Cup replay that broke Holmes’ leg and effectively ended his top-class playing career. Settlement was at the time the second highest in British football and legal history. 
• Successful settlement during trial of a claim on behalf of the families of three telecom workers sent by their employers to work in Chechnya where they were kidnapped, held hostage and beheaded. 
• Acted for a Thai vendor in successfully opposing claims by the purchasers of Burmese bronze images of Buddha from Pagan, the medieval capital of Burma, claimed to be modern fakes. The case involved questions of acceptance of the statues under section 35 (6)(b) Sale of Goods Act 1979. 
• Acted for the claimant in a committal application against the defendants for breach of court orders. 

Andrew’s reported cases reflect his expertise in civil fraud, insolvency, and complex financial litigation in high-value, multi-party proceedings. 

• Heathcliffe Properties Limited v Dodhia [2016] EWHC 2628 Ch 
• Re Premus Engineering Limited (2012) 
• Gowers v Gowers [2011] EWHC 3485 (Fam) 
• Newcastle International Airport Ltd v Parkin & Friis (2009) 
• Knowlden v Nafis Tehrani [2008] EWHC 54 (Ch) 
• Holmes v Wolverhampton Wanderers F.C. and Muscat (High Court, QBD, 2004) 
• Hickey, Petschi and Shaw v Granger Telecom (The Times, 4 June 2003) 
• Techarungreungkit v Gotz [2003] All ER (D) 336 (Nelson J) 
• Frost v James Finlay Bank [2002] Lloyd’s Rep IR 503 (CA) 
• Lesser v Smithson [2001] All ER (D) 191 
• Re Farmizer (Products) Limited [1997] BCLC 589, [1997] BCC 665 (CA) 

Andrew advises on complex banking and financial disputes, including civil fraud, professional negligence, mis-selling claims, and contractual breaches. 

• Successful claim by an accountant for expert witness fees and Capital Gains Tax work in an action involving forged Land Registry applications to remove a charge protecting fees and a claim by the defendant that the accountant’s work had been covered by an agreement that his fees would be paid on a contingency basis. 
• Successful appeal on behalf of a bank of a first-instance judgment that the bank had assumed the duties of an insurance broker in relation to a loan and insurance that were changed by the borrower in the belief that she was required to do so by the bank rendering the bank liable for subsequent claims by the insurer in settling a claim brought under the changed policy. 
• Acted for the claimant in the recovery of several valuable properties and other assets of which he had been defrauded by the defendant using an offshore trust as a vehicle. Described by the trial judge, Henderson J, as an “extraordinary case”. 
• Acted for the liquidators in heavily contested proceedings for wrongful trading, preference and unlawful dividend claims; settled on a full-liability basis immediately before trial. 

Andrew acts for clients in the sports sector on a wide range of commercial litigation matters, including personal injury claims, contractual disputes, professional negligence, and insolvency. 

• Acted for former West Ham, Blackburn Rovers, and Charlton player Matty Holmes in proceedings against Kevin Muscat and Wolverhampton Wanderers for a career-ending tackle in a 4th Round F.A. Cup replay that broke Holmes’ leg and effectively ended his top-class playing career. Settlement was at the time the second highest in British football and legal history.