Andrew Leung

Called: 2010

Practice Overview

Andrew has a broad commercial practice which encompasses commercial dispute resolution, international arbitrations, shipping, insurance and reinsurance and banking and financial services.

Andrew regularly appears both as sole and junior counsel in the High Court (including the Commercial Court, the London Mercantile Court, Queen's Bench Division and the Chancery Division) as well as arbitrations.

Andrew’s experience includes several high-value cases, including in relation to the delivery of drill ship with a contract value of over US$517m (with Duncan Matthew QC and Christopher Smith),the loss of the “Bulk Jupiter”, which involved allegations of cargo liquefaction (with Luke Parsons QC and Tim Hill QC), disputes arising out of the construction of two jack-up rigs, each with a contract value of c.US$225 million each (with Lionel Persey QC), the termination of contracts for 2 platform supply vessels (with Simon Rainey QC), Classic Maritime v Limbungan, a Commercial Court action regarding the performance of a long-term COA (with Simon Rainey QC), and Sea Glory v Al Sagr [2014] 1 Lloyd's Rep 14. an important reported decision in the field of marine insurance involving issues of non-disclosure, breach of warranty, and illegality.

  • Commercial Dispute Resolution K View More

    Andrew has been involved in cases across a wide spectrum of commercial areas including banking and finance, insolvency, sale of goods, bailment and fraud. He has also acted on numerous misselling disputes against major banks, including on behalf of a high-net worth investor whose investments were under the trusteeship of a major bank.

    Illustrative cases include:

    • Perla Navigation Ltd v Doron Shuster & Ors (2016): Successfully resisted application to set aside default judgment in the sum of £10m + due under a personal guarantee (with Nevil Phillips). 
    • OW Bunkers (2014-2016): Acting for various owners/charterers/bunker suppliers in High Court and arbitral proceedings addressing claims arising out of the insolvency of OW Bunkers. Issues include the availability of interpleader relief, payment into Court to prevent wrongful arrest, retention of title, the impact of the Res Cogitans decisions, issues posed by Cool Carriers and service out of the jurisdiction (with John Kimbell QC). Andrew is also instructed as sole counsel in a number of OW Bunkers disputes in which issues include the existence and cross-jurisdictional enforceability of liens said to arise from the supply of bunkers.
    • Instructed by a private equity firm in a dispute involving a take-private transaction valued at over US$1bn. The sums claimed are in excess of US$25.5m.
    • United National Bank Ltd v DF Deutsche Forfait AG [2014]: summary judgment application for sums due under a finance agreement concluded in connection with the export of construction equipment (with Chris Smith).
    • Chinacast Education Corp v Chan & ors [2013] HKCFI 1855, a dispute involving claims worth in excess of RMB50m brought by one of China’s largest education companies.
    • Nakanishi Marine Co Ltd v Gora Shipping [2012] EWHC 3383 (Comm), a ship finance and guarantee dispute concerning the relative priority of lenders’ rights and the impact of this on the remedies available to a junior lender, including the enforceability of a guarantee.
  • International Arbitration K View More

    The majority of Andrew’s practice involves international arbitrations, including under LMAA, LCIA and SIAC terms, in all of his main practice areas. These include:

    • LMAA Arbitration: dispute regarding the delivery of a drill ship with a contract value of over US$517m (with Duncan Matthews QC and Christopher Smith).
    • LCIA Arbitration: dispute arising out of the large-scale refurbishment of an FPSO (with Simon Rainey QC, David Thomas QC and Christopher Smith).
    • LCIA Arbitration: dispute concerning allocation of risk for berthing delays in the Port of Barcelona.
    • LMAA Arbitration (2016): defending claims arising out of the construction of 5 superyachts (with Nigel Cooper QC).
    • LMAA Arbitration (2016): dispute arising out of buyer’s termination of shipbuilding contract owing to builder’s alleged failure to deliver by the drop-dead date.
    • SIAC Arbitrations (2015-2016): Acting for shipbuilder in numerous related arbitrations; issues include the application of the prevention principle and whether contracts can be maintained in force by the innocent party following the counterparty's repudiatory breach (with Simon Rainey QC).
    • LMAA Arbitration (2015-2016): acting for Owners in an arbitration involving the loss of the "Bulk Jupiter" at sea due to suspected liquefaction of a cargo of bauxite (with Luke Parsons QC).
    • LMAA Arbitration (2015): instructed by the purchaser in arbitrations concerning disputes arising out of the construction of two jack-up rigs with a contract value of c.US$225 million each (with Lionel Persey QC).
    • LMAA Arbitration (2015): represented charterers in a trial raising issues as to dangerous cargo, seaworthinesss, intervention by the Master during loading and the scope of the implied indemnity under the NYPE form (with Luke Parsons QC). 
    • LMAA Arbitration (2014): represented the successful buyers in the trial of a dispute concerning a trilateral MOU to purchase a fleet of 10 vessels said to be worth US$75 million. Issues as to whether the MOU was unenforceable for uncertainty and/or as an agreement to agree, ostensible authority and ratification, and whether the prima facie measure of damages under section 50(3) of the Sale of Goods Act 1979 applies (with Lionel Persey QC).
  • Shipping & Maritime K View More

    Dry Shipping

    Andrew's practice has a particular focus on all aspects of dry shipping and commodities, including seaworthiness, port safety, bunker disputes, hire disputes and speed & performance claims.

    • LMAA Arbitration (2015-2016): acting for Owners in an arbitration involving the loss of the "Bulk Jupiter" at sea due to suspected liquefaction of a cargo of bauxite (with Luke Parsons QC and Tim Hill QC).
    • LCIA Arbitration: dispute concerning allocation of risk for berthing delays in the Port of Barcelona.
    • STX Offshore & Shipbuilding Co. Ltd v Kaptanoglu: dispute arising out of ship finance guarantees involving allegations of estoppel by convention (with John Kimbell QC).
    • OW Bunkers (2014-2016): Acting for various owners/charterers/bunker suppliers in High Court and arbitral proceedings addressing claims arising out of the insolvency of OW Bunkers. Issues include the availability of interpleader relief, payment into Court to prevent wrongful arrest, retention of title and the impact of the Res Cogitans decision (with John Kimbell QC).
    • LMAA Arbitration (2015): Appeared with Luke Parsons QC in a trial raising issues as to dangerous cargo, seaworthinesss, intervention by the Master during loading and the scope of the implied indemnity under the NYPE form.
    • LMAA Arbitration (2014): Acted for Owners in a demurrage / cargo shortage dispute. Owners obtained partial award rejecting Charterers' defence of set-off and ordering payment of demurrage following hearing; successfully resisted section 69 appeal. 

    Wet Shipping

    Andrew has been instructed in a variety of collision disputes. Cases include actions between yachts in a regatta, and between a long boat and rowing boat. He also has experience of general average disputes.

    • Mitsui & Co v Agincourt Marine Co Ltd: acting for cargo interests in the Commercial Court trial of a general average dispute.
    • Acting for owners in a general average / unsafe port dispute involving an allision with a reef.
    • Acting for claimants in a general average case arising out an engine room flooding
    • The Styliani Z [2015] EWHC 2153 (Admlty): acted for the successful Defendant in an application to set aside a Claim Form purportedly amended to convert an in personam into an in rem claim (with John Russell QC).
  • Energy & Natural Resources K View More

    Andrew has a growing practice in this field. Examples of recent work include:

    • LMAA Arbitration: dispute regarding the delivery of a drill ship with a contract value of over US$517m (with Duncan Matthews QC and Christopher Smith).
    • LCIA Arbitration: dispute arising out of the large-scale refurbishment of an FPSO (with Simon Rainey QC, David Thomas QC and Christopher Smith).
    • LMAA Arbitration: instructed by the purchaser in arbitrations concerning disputes arising out of the construction of two jack-up rigs each with a contract value of c.US$225 million each (with Lionel Persey QC).
    • OW Bunkers (2014-2015): Acting for various owners/charterers/bunker suppliers in High Court and arbitral proceedings addressing claims arising out of the insolvency of OW Bunkers. Issues include the availability of interpleader relief, payment into Court to prevent wrongful arrest, retention of title and the impact of the Res Cogitans decision (with John Kimbell QC).
    • CWT Commodities (Rotterdam) BV v Risen Energy Co Ltd [2015]: dispute arising out of sale and purchase of solar panels
  • Shipbuilding K View More

    Andrew is instructed in a variety shipbuilding disputes including the construction, sale, purchase and financing of commercial and recreational vessels. He has also been involved in cases regarding ship repair as well as pipeline and drill construction claims.

    Illustrative cases include:

    • LMAA Arbitration (2016): dispute regarding the delivery of a drill ship with a contract value of over US$517m (with Duncan Matthews QC and Christopher Smith).
    • LCIA Arbitration (2016): dispute arising out of the large-scale refurbishment of an FPSO (with Simon Rainey QC, David Thomas QC and Christopher Smith).
    • LMAA Arbitration (2016): defending claims arising out of the construction of 5 superyachts (with Nigel Cooper QC).
    • LMAA Arbitration (2016): dispute arising out of buyer’s termination of shipbuilding contract owing to builder’s alleged failure to deliver by the drop-dead date.
    • LMAA Arbitration (2016): Acting for the purchaser in a dispute concerning a state-of-the art accommodation vessel and whether it was in deliverable condition on its drop-dead date (with Luke Parsons QC)
    • SIAC Arbitrations (2015-2016): Acting for shipbuilder in numerous related arbitrations; issues include the application of the prevention principle and whether contracts can be maintained in force by the innocent party following the counterparty's repudiatory breach (with Simon Rainey QC).
    • LMAA Arbitration (2015): instructed by the purchaser in arbitrations concerning disputes arising out of the construction of two jack-up rigs each with a contract value of c.US$225 million each (with Lionel Persey QC).
    • LMAA Arbitration: represented buyers in the trial of a dispute concerning a trilateral MOU to purchase a fleet of 10 vessels said to be worth US$75 million. Issues as to whether the MOU was unenforceable for uncertainty and/or as an agreement to agree, ostensible authority and ratification, and whether the prima facie measure of damages under section 50(3) of the Sale of Goods Act 1979 applies (with Lionel Persey QC).
    • Nakanishi Marine Co Ltd v Gora Shipping [2012] EWHC 3383 (Comm) : a ship finance dispute concerning the relative priority of lenders’ rights and the impact of this on the remedies available to a junior lender, including the enforceability of a guarantee
  • International Trade & Commodities K View More

    A large part of Andrew's practice is in international trade and commodities. He regularly acts in disputes arising out of the international sale of goods, including those involving trade association rules

    • Classic Maritime v Limbungan Makmur Sdn BHD [2016] Comm Ct: acting for shippers in a dispute arising out of a COA for the carriage of iron ore pellets (with Simon Rainey QC). Issues as to force majeure and frustration following the closure of Samarco Mine.
    • LMAA Arbitration (2016): acted for carriers in a trial of a dispute involving a COA for the carriage of iron ore. Issues as to force majeure and frustration following mine closure due to operator’s insolvency (with Michael Davey QC).
    • LMAA Arbitration (2015-2016): Acting for sellers in an FOB dispute arising out of the misallocation of cargoes of steel pipes between vessels
    • LMAA Arbitration (2014): represented buyers in the trial of a dispute concerning a trilateral MOU to purchase a fleet of 10 vessels said to be worth US$75 million. Issues as to whether the MOU was unenforceable for uncertainty and/or as an agreement to agree, ostensible authority and ratification, and whether the prima facie measure of damages under section 50(3) of the Sale of Goods Act 1979 applies (with Lionel Persey QC).
  • Insurance & Reinsurance K View More

    Andrew is regularly instructed to advise and act in marine and non-marine insurance claims. His practice encompasses hull and cargo marine insurance and reinsurance both in his own right and with leading counsel. Relevant experience includes:

    • Advising insurers as to the application of penalty rule to termination provisions (with Luke Parsons QC).
    • Advising insurers as to scope of indemnity potential liability for human rights abuses and mistreatment by a mining company.
    • Acting for Insurers in multiple High Court claims concerning vessels delivered with pre-existing defects.
    • LMAA Arbitration: acting for Owners in an arbitration involving the total loss of the "Bulk Jupiter" at sea due to suspected liquefaction of a cargo of bauxite (with Luke Parsons QC). Issues include the scope of the co-insurance defence and subrogation immunity, both recently addressed in The Ocean Victory [2015] 1 Lloyd's Rep. 381.
    • Sea Glory Maritime Co v Al Sagr National Insurance Co [2014] 1 Lloyd's Rep 14: a three-week Commercial Court trial of a substantial insurance dispute involving issues of non-disclosure, breach of warranty, and illegality.
  • Banking & Financial Services K View More

    Illustrative cases include:

    • STX Offshore & Shipbuilding Co. Ltd v Kaptanoglu: dispute arising out of ship finance guarantees involving allegations of estoppel by convention (with John Kimbell QC).
    • United National Bank Ltd v DF Deutsche Forfait AG: summary judgment application for sums due under an agreement securing participation in the export of construction equipment (with Chris Smith). 
    • The Royal Bank of Scotland v Gregory and others: instructed by RBS in proceedings to enforce guarantees and indemnities said to be unenforceable owing to illegality on the basis that the loan agreements which they secured constituted financial assistance provided by a company for the purpose of enabling a person to acquire its shares contrary to section 151 of the Companies Act 1985. 
    • Nakanishi Marine Co Ltd v Gora Shipping [2012] EWHC 3383 (Comm), a ship finance and guarantee dispute concerning the relative priority of lenders’ rights and the impact of this on the remedies available to a junior lender, including the enforceability of a guarantee.
    • Several misselling disputes against major banks, including on behalf of a high-net worth investor whose investments were under the trusteeship of a major bank.
  • Aviation & Travel K View More

    Andrew advises on and has acted in a wide range of aviation and travel disputes.  He has extensive experience of claims under Regulation 261/2004 and the Montreal Convention, both on paper and in Court. He frequently acts on behalf of major airlines, providing advice, drafting pleadings and representing these clients in the County Courts.

  • Injunctions, Jurisdictional and Other Procedural Disputes K View More

    Andrew has extensive experience in a wide spectrum of injunctive relief and procedural matters. He has assisted in matters raising issues of conflicts of law and jurisdictional issues, he has also obtained Vasso orders. Illustrative cases include:

    • Jaguar Land Rover v Grupo Viamar (2016): acted for Jaguar Land Rover in a successful application for an anti-suit injunction restraining proceedings brought by Grupo Viamar in the Dominican Republic for damages stemming from the expiry of a distribution agreement.
    • HBB Relocation Services Ltd (2015): Freezing injunction to restrain dissipation of proceeds from an apparently fraudulent property sale; Norwich Pharmacal order requiring disclosure of the identities of bank account holders.
    • A v B (Comm. Ct 2014): freezing injunction to restrain the transfer of a fleet of vessels by the termination of charterparties and sub-charterparties (sole counsel at the application hearing, led by Nigel Jacobs QC on the return date)
    • Nakanishi Marine Co Ltd v Gora Shipping [2013] EWHC 514 (Comm): freezing injunction to restrain the sale of a vessel; anti-suit injunction to restrain foreign proceedings designed to pre-empt a trial which was due to be heard in the English court
    • S v B (2012): multiple world-wide freezing injunctions in proceedings to enforce a US$35.5 million arbitration award.

Academic


MA (English), Girton College, Cambridge (Double First, 2nd highest First in year)
MPhil (Criticism and Culture), Girton College, Cambridge (Distinction)
Diploma in Law; Bar Vocational Course, City University.

Other Qualifications


Lincoln’s Inn:
Shelford Pupillage Scholarship (2010)
Lord Mansfield Scholarship (2009)
Lord Bowen Scholarship (2008)
Hardwicke Entrance Award (2007)

Girton College, University of Cambridge:
Girton College Graduate Research Scholarship (2007)
Graduate Scholarship (2007)
Stribling Award (2007)
Laurie Hart Prize for academic excellence (2007)
Emily Davies Scholarship (2006 & 7)
Charity Reeves Prize (2006 & 7)

Languages


Cantonese and Mandarin (basic).

In-House Experience


Andrew spent two weeks at the Hong Kong offices of DLA Piper in February 2014.

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