General Information
Called to the Bar: 1992
Born: 1970
M.A. (Cantab); LL.M (University of Virginia)
Andrew Wales specialises in all areas of commercial law, including insurance/reinsurance and energy.
He has extensive experience of litigation and advocacy – both short cases involving points of law and long trials requiring extensive preparation and factual analysis. He combines work in court and arbitration with a substantial advisory practice.
He is also experienced in appellate advocacy, having appeared in three appeals in the House of Lords and two in the Privy Council.
What the directories say
“He enjoys the full confidence of the market” and “draws praise for his ‘sterling advocacy’” – Chambers and Partners, 2009 [insurance and reinsurance]
“calm under pressure” – Legal 500 [insurance and reinsurance]
“The ‘extremely bright and thorough’ Andrew Wales has provided support on several key cases... over the past year.” Chambers and Partners UK Guide, 2007 [Insurance and reinsurance]
Leading junior, Energy and natural resources – Legal 500
Practice
Insurance and reinsurance
Much of Andrew Wales’ work in this area over the last couple of years has involved insurance issues affecting financial institutions. He has extensive experience of Professional Indemnity and D&O policies, especially for banks and similar institutions.
His work has required familiarity with CDO transactions, private equity investments, offering circulars, IPOs, structured finance (e.g. Enron related) and various forms of securitisation.
Important cases include:
David Constable v. Bedfordshire Police Authority [2008] EWHC 1375 (Comm) – insurance; public liability cover for the police; whether coverage for Riot Damages (Act) 1886 compensation
Travelers Casualty & Surety v. Sun Life Assurance (No. 2) [2007] Lloyd’s Rep. IR Plus 2 – insurance; global excess liability policy; applicable law; breach of warranty and late notification; claim to recover losses incurred during past business review ordered by FSA
Travelers Casualty & Surety v. Sun Life Assurance [2004] Lloyd’s Rep. IR 846 – insurance; jurisdiction; power to stay; appropriate forum
Astrazeneca v. CGU – reinsurance; proof of liability under underlying policy reinsured; appeared in arbitration (then unavailable for High Court appeal reported at [2006] Lloyd’s Rep. IR 409)
HIH Casualty v. Chase Manhattan Bank (HL) [2003] Lloyd’s Rep. IR 230 – Led by Jonathan Sumption Q.C.; House of Lords; film finance; rights of avoidance
Markel v. Sedgwick and others (2002 – High Court; Gross J.) – insurance/reinsurance; treaty covering energy construction risks; avoidance; case settled during trial
Commercial Union v. NRG Victory [1998] 2 Lloyd’s Rep. 600 – reinsurance; proof of liability under underlying policy reinsured
Henderson v. Merrett Syndicates and others [1997] L.R.L.R. 247 and 265 – lead Lloyd’s long tail names action; only successful claim against Lloyd’s syndicate auditor
Substantial advisory and coverage work, including: advising London market insurers subscribing to the insurance of the World Trade Center towers; advising London market insurers in connection with insurances of financial institutions being sued in connection with Enron, Worldcom, Global Crossing, Parmalat, Boxclever; a CDO transaction.
Substantial arbitration practice, including significant cases arising out of the PA LMX spiral and Stirling Cooke Brown business
Sole arbitrator (2007) – Award made to resolve insurance dispute about alleged exclusion from cover
Energy and natural resources
Recently acting in Take-or-Pay dispute acting for gas purchaser (2007-8)
Amoco v. Teesside Gas Transportation Ltd (2001) – House of Lords; led by Jonathan Sumption Q.C.; CATS North Sea pipeline dispute; construction of contracts; send-or-pay obligations
Philips Petroleum v. Enron Europe [1997] C.L.C. 329 – Court of Appeal; led by Sir Sydney Kentridge Q.C.; construction of Take-or-Pay contract
Amoco v. Teesside Gas Transportation; Philips Petroleum v. Enron Europe (1999) High Court trial led by Anthony Boswood Q.C. – contract dispute relating to CATS pipeline and J-Block field in North Sea
Markel v. Sedgwick (2002) – High Court, Gross J.; energy construction insurance and reinsurance; avoidance; case settled during trial
Acting for owners in a major arbitration concerning the construction of 2 fifth generation semi-submersible oil drilling rigs being built in the USA. Case settled shortly before hearing.
Privy Council work
Andrew Wales has conducted two full appeals before the Privy Council, one alone and the other being led by Gavin Kealey Q.C. Both cases related to private share transactions in The Bahamas. Andrew Wales also advises Bahamas-based clients in connection with insurance issues.
Sentinel International v. Robert Cordes (2008) – contract for the sale and purchase of shares – mutual accusations of repudiation
Emanuel Alexiou v. James A. Campbell [2007] UKPC 11 – sale and purchase contract for shares embodied in consent order – issue of construction – fair market value
Shipping and international trade
Andrew Wales is regularly involved in shipping and international trade disputes, mostly in arbitration. One of his well-known cases in this area is Vitol v. Norelf [1996] A.C. 800 (another House of Lords appeal).
Other information:
Cambridge: Senior Scholar, Trinity 1989-90; Wright Rogers Scholar 1988; Slaughter and May Prize 1990; Hamson Prize 1990. Top first class degree in law in the University, 1990.
Gray’s Inn: Arden Scholar 1992; Prince of Wales Scholar 1991; Inns of Court Studentship. Macaskie Award. BACFI Prize. Classed as ‘Outstanding’ for the BVC.
