Andrew Mitchell
Call Date
1992
Practice Areas
Andrew Mitchell has a broad commercial and civil practice, with particular expertise in:
- Banking and Financial Services
- Civil Fraud
- General commercial contract
- Insurance and Reinsurance
- Professional Negligence/ Indemnity
- Employment
Recommendations (Practitioners' Guides)
Nominated as a “Leading Junior” in Legal 500 in
- General Commercial Litigation
- Banking and Finance, and;
- Insurance/Reinsurance.
Also nominated as one of the “Leading Juniors” in Chambers’ Guide to the Legal Profession.
Also nominated in Legal Experts.
Education
Cambridge University (1987-1990) (M.A.) (First Class)
Oxford University (1990-1991) (B.C.L.) (First Class)
Prizes & Scholarships
The George Long Prize for Jurisprudence (1990): awarded to the candidate with the highest marks in Cambridge University Final Examinations
The Dicey & Morris Prize (1991) awarded in the Oxford BCL examinations for the candidate with the highest marks in private international law
Harmsworth Scholar of the Middle Temple (1991)
Bar Council Prize for “outstanding” performance in Bar Finals (1992)
Middle Temple Certificate of Honour (1992)
Other Qualifications
Andrew Mitchell is a CEDR Accredited Mediator.
Professional Experience
Andrew Mitchell is an experienced barrister who has been instructed in a number of the leading commercial litigation disputes of recent years.
Banking
He has experience of the full range of international and domestic matters, including letters of credit, bills of exchange, consumer credit, electronic money transfers, mortgage indemnity guarantees, and insolvency. Particular experience of freezing injunctions for/against banks, including NCIS-type problems and disclosure orders.
Clients include all the UK clearing banks, several other UK banks/building societies as well as overseas banks and similar institutions.
Civil Fraud
Particular experience of asset-chasing and recovery cases, including jurisdiction/conflict of laws problems, restitution and constructive trust issues.
Insurance and Reinsurance
Experience of both litigation and arbitration. Clients have included Lloyd’s of London itself; regularly act for Lloyd’s syndicates, company market insurers and reinsurers as well as policyholders and brokers.
Recent experience includes film finance litigation, LMX spiral business litigation, aircraft hull coverage disputes, D&O coverage arbitration, binding authority disputes, goods in transit insurance, residual value motor coverage litigation, life assurance commission and overriders.
Professional Negligence/Indemnity
Considerable experience in claims against (for example) solicitors, accountants, valuers, mortgage administrators, banks, share registrars, insurance and other brokers, financial advisers, and estate agents.
Employment
Andrew Mitchell specialises in high value commercial employment cases, mostly involving City banks, brokers and other financial sectors, which require commercial litigation expertise as much as knowledge of employment law. He has particular experience in bonus cases, and injunction cases in City related fields (broker and other team “defections” etc.).
Recent Practice
Cable & Wireless plc v. Valentine.
Andrew Mitchell acted for the Claimants, led by Jonathan Hirst QC, in connection with a large scale alleged insurance/reinsurance fraud by former employees, together with related reinsurance litigation. Tried in the Commercial Court in late 2005-2006.
Kennedy v. Dresdner Bank.
Acted for Dresdner Bank in a Commercial Court trial before Langley J concerning profitability of inter bank barrier foreign exchange options.
Derhalli v. Lehman Brothers.
Acted for Lehman Brothers in Commercial Court bonus dispute concerning the proper market valuation of Russian government bonds and debt instruments following the Russian liquidity crisis of 1998.
Federal Republic of Nigeria v Abacha
Acted for the democratic Nigerian Government in its actions against the former dictatorship to recover money looted from the Central Bank of Nigeria. A 6 month trial in the Commercial Court before Rix J. led by David Railton QC, and then in the Court of Appeal.
X v Y
(identity of the parties is confidential)
A major claim brought in conspiracy, fraud, breach of trust and negligence against a City firm of solicitors. Acted for the City firm.
C v Inland Revenue
(identity of Claimant is confidential)
A pharmaceutical transfer pricing dispute between a corporate taxpayer and the Revenue. The team comprised commercial litigators and tax lawyers. Instructed as the commercial junior for the corporate party, led by Nicholas Stadlen QC.
Ebert v Birch and Midland Bank [1999] 3 WLR 670
Acted for Midland Bank in this leading Court of Appeal authority on the inherent jurisdiction of the Court to control/prevent abuse of process.
Khanna v Lovell White Durrant [1995] 1 WLR 121
Acted for Lovell White Durrant in this case, which is reported for its guidance on sub poena practice.
Names Litigation
Acted for the Janson Green Names (settled as part of R&R), led by Charles Falconer QC and Craig Orr; acted for the Canadian Names in the Society of Lloyd’s v Alper litigation concerning non-payment of the Equitas premium.
Publications
Editor of Commercial Court Procedure (Sweet and Maxwell).