Andrew Maguire

Barrister

Call: 1988; 2016 (DIFC) | 2020 (Ireland)

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Overview

Andrew is a highly regarded chancery and commercial advocate, who has built up an impressive reputation in the fields of contractual and fiduciary disputes; many involving banking and financial services claims, including civil fraud disputes involving cryptoassets.

He has considerable experience in relation to international and domestic civil fraud and asset-tracing cases, often involving pre-emptive injunctions, particularly freezing and proprietary injunctions and cross-border enforcement of judgments and anti- suit injunctions.

Andrew has been instructed on various cases involving mis-selling of financial investment products and pension products; some of which have involved judicial review applications and Group Litigation Orders and cross-border claims.

Much of Andrew’s work, in litigation and arbitral proceedings, has a strong international element, with his international clients based in the Middle East, Africa, India, China, Japan, and the USA. The cases on which he is instructed often raise complex jurisdictional and conflict of laws issues and involve English court proceedings in aid of arbitral proceedings and in connection with the enforcement of arbitration awards and foreign judgments.

Andrew is a registered practitioner at the DIFC and registered to appear at the Abu Dhabi Global Market Courts and a member of the DIFC/LCIA arbitration and mediation Panel, in Dubai.

Andrew is also a practising member of the Law Library in Dublin.

Expertise

Banking & Financial Services

Andrew has a long-established banking and financial services practice, specialising in high value and complex disputes relating to personal guarantees and indemnities; Andrew was successful in the Court of Appeal which is a guideline authority on the extent of an “all monies” guarantee in the important case of National Merchant Buying Society v Bellamy [2013] EWCA Civ 452; regulated mortgage contracts and claims for breach of trust, fiduciary duty and disputes regarding unregulated securities and cases involving commercial fraud including freezing injunctions and asset recovery, both for and against lenders. Andrew is frequently instructed on matters involving cross-border enforcement of judgments and anti-suit injunctions, arising from financial investment disputes; in particular, Bitcoin and other Cryptocurrencies.

Andrew is widely regarded as one of the foremost financial services senior juniors at the Bar with extensive experience of regulatory investigations and enforcement actions, having been involved in some of the most significant regulatory interventions post Lehman, involving mis-selling of financial investments (such as group actions involving Keydata, Arch Cru, Sterling Mortimer and Harlequin); as well the interface between regulatory duties and enforceability of contracts under sections 19 and 26 of FSMA 2000 and cases concerning complex derivatives and the meaning and effect of complex securitisation, loan, security and ISDA documentation. Andrew was instructed on the judicial review of the Financial Services Compensation Scheme’s decision to levy £32 million on independent financial advisers, which is reported as R (on the application of ABS Financial Planning Ltd and others) v Financial Services Compensation Scheme Ltd reported at [2012] 2 BCLC 267.

Andrew is regularly instructed on matters relating to regulatory aspects of investments and loans, which engage FSMA 2000 and the Regulated Activities Order and additionally as to large-scale professional negligence disputes arising from mis-selling of investments; recently, Andrew acted as lead counsel in an 8 days’ trial relating to a Land Banking Scheme and successfully dismissed claims for an Unregulated Collective Investment Scheme and deceit.

Recent work includes:

  • The successful claim for summary judgment subsequent to obtaining a freezing injunctive relief against the thieves and their accessories and a proprietary freezing order against the wallet provider as well as a direction that service by a NFT airdrop into the blockchain was permitted in Gary Jones v Persons Unknown and Huobi Global Ltd[2022] EWHC 2543 (Comm) and [2025] 1 WLR 3448, [2025] Costs LR 379.
  • The guideline case of Mooij v Persons Unknown and Binance Holdings Ltd [2024] 1 WLR 3800, in which the High Court held that summary judgment could be granted against unidentified (and unidentifiable) fraudsters, despite previous authority to the contrary.
  • A claim for £3M in which various claims under FSMA 2000 and the RAO are raised relating to a loan agreement and involves a security in Belgium which was subject to proceedings in Brussels, in which Andrew was led by Richard Lissack KC.
  • Terracorp v Mistry [2020] EWHC 1645 (Ch), (reported in Estates Gazette 2020 2043, 42) and, on appeal, [2020] EWHC 2623 (Ch), [2020] Costs LR 1435, in which the claimant company, which had sold parcels of land to the defendant purchasers under a land banking scheme, appealed against a declaration that the true interpretation of covenants in the sales contracts meant that the defendants were not liable to pay “covenant charges”. Andrew was successful in defeating, at trial, eight out of nine heads of claim including a UCIS claim and a claim in fraudulent misrepresentation.
Injunctions

Andrew has extensive experience of injunctive applications in the High Court. These include freezing and proprietary orders, anti-suit injunctions, as well as enforcement of restrictive covenants, breach of fiduciary duties, database rights, confidential information and economic torts. In addition, Andrew has extensive experience of contested committal applications arising from breaches of freezing and proprietary injunctions.

Recent work includes:
  • Thursfield v Thursfield [2012] EWCA Civ 840 and Hewlett Packard Enterprises v Sage [2017] EWHC 66, where Jay J. praised Andrew for his “measured and realistic submissions” and a committal claim arising from misfeasance and wrongful trading claims against company directors in the Floors2Go litigation: Power v Hodges [2016] BPIR 162.
Civil Fraud

Andrew has extensive experience in cases involving civil fraud, many involving crypotassets, particularly with an international context involving cross border and conflicts of law issues.

Many of Andrew’s case have involved applications for urgent relief and serious wrongdoing; particularly in the banking and financial services field with various instances of mis-selling such as Keydata, Arch Cru, Sterling Mortimer and Harlequin and other Ponzi-scheme frauds; sometimes acting on a group class action basis.

In addition, many such cases arise within a corporate governance setting, where Andrew is regularly instructed in misfeasance and wrongful trading claims against company directors; such as the Floors2Go litigation: Power v Hodges [2016] BPIR 162, in which misfeasance and wrongful trading claims and a contested committal for contempt made against company directors by a Liquidator for £9.5M and the successful defeat of a £2M deceit and fiduciary duty claim against his clients for an alleged fraudulent undervaluation of a business in a MBO and the obtaining of indemnity costs and Part 36 additional sums: Trow v Durmast Group Ltd [2017] EWHC 1485 (Ch).

Many of Andrew’s cases are founded on deceit and breaches of fiduciary duty claims, such as the case of BCS Acceptances Ltd and Ors v Daniel Terry [2019] EWHC 1645 (QB).

A number of cases have resulted in committal proceedings for breaching freezing injunctions in fraud claims, where Andrew has extensive experience: Thursfield v Thursfield [2013] EWCA Civ 840 and Hewlett Packard Enterprises v Peter Sage [2017] EWHC 66, where Jay J. praised Andrew for his “measured and realistic submissions”.

Frequently, Andrew is instructed on contested disclosure applications, involving trusts and offshore accounts, such as Thursfield v Thursfield [2012] EWHC 3742 (Ch), which involved a contested application for a North Shore Ventures Order relating to a Bahamian trust.

Recent work includes:

  • Gary Jones v Persons Unknown and Huobi Global Ltd [2022] EWHC 2543 (Comm) and [2025] 1 WLR 3448, [2025] Costs LR 379.
  • Mooij v Persons Unknown and another [2024] 1 WLR 3800.
International & Offshore

Andrew has considerable experience in relation to international and domestic fraud and asset-tracing cases, often involving pre-emptive injunctions, particularly freezing injunctions involving cryptoassets with an international dimension such as to engage service and “gateway” issues.

Most of Andrew’s work, in court and in arbitration, has a strong international element, with his clients coming from all around the world, including the Middle East, Africa, India, China, Russia, and the USA. The cases on which he is instructed often raise complex jurisdictional and conflict of laws issues, including the interplay between proceedings in court and arbitration. Andrew is regularly instructed in international and domestic arbitrations and in English court proceedings in aid of arbitral proceedings and in connection with the enforcement of arbitration awards and foreign judgments.

Andrew has extensive experience of foreign jurisdictions and has worked, among others, with lawyers in the Bahamas, Belgium, Bermuda, Botswana, Canada, China, France, Germany, Gibraltar, Ireland, Northern Ireland, Portugal, Russia and the former CIS, Scotland, Spain, the UAE and USA.

Andrew spent 6 months in Bermuda and the USA working in law firms.

Andrew has been called to the Bar of England and Wales, Ireland, Northern Ireland and Gibraltar and is a registered advocate at the DIFC Courts as well as a panel member on the DIFC-LCIA panel of arbitrators and mediators.

Recent work includes:

  • Grand Valley General Trading LLC v GGICO Sunteck Ltd [2019] DIFC CFI 044 and CA 007/2019, acting with HFW Dubai in relation to a challenge to the jurisdiction of DIFC Courts by reason of an agreement for LCIA arbitration in Singapore and further claims relating to the joinder of the parent company of the Second Defendant and security for costs in the DIFC CFI and a jurisdiction appeal in the DIFC Court of Appeal.
  • An LCIA arbitration in Dubai relating to a joint venture dispute, involving jurisdiction, joinder and security for costs issues.
  • The enforcement of a Ugandan High Court judgment of $211M in the English High Court.
  • Okuashvili v Ivanishvili [2025] EWHC 829 (Ch), [2025] I.L.Pr. 28, the widely reported Georgian Oligarchs’ case relating to cross-border jurisdiction issues and relevant choice of law and forum.
Company Law

Andrew regularly acts for company directors involved in disputes and in relation to advice regarding personal guarantees and indemnities. Claims involving allegations of breaches of director’s statutory and fiduciary obligations are regularly handled by Andrew.

Andrew’s practice covers directors’ duties and corporate governance and regulation and enforcement, joint ventures and fiduciary disputes as well as capital markets and structured finance.

Many such cases arise within a corporate governance setting, where Andrew is also instructed in misfeasance and wrongful trading claims brought against company directors. In addition, Andrew regularly is instructed in disputes arising from earn-outs and deferred consideration claims.

Recent work includes:

  • Cynergy Bank Ltd v Dinglis [2024] EWHC 754 (Comm), involved a director’s obligation under a personal guarantee and indemnity.
  • MTF Funding Ltd (In Liquidation) v Synergy Agroscience Ltd [2023] EWHC 682 (Ch), a lengthy trial arising from a claim against a company director pursuant to an indemnity.
  • Trow v Durmast Group Ltd [2017] EWHC 1485 (Ch), the successful defeat of a £2M deceit and fiduciary duty claim against his clients for an alleged fraudulent undervaluation of a business in a MBO and the obtaining of indemnity costs and Part 36 additional sums.
  • Power v Hodges [2016] BPIR 162: the Floors2Go litigation, in which misfeasance and wrongful trading claims and a contested committal for contempt made against company directors by a Liquidator for £9.5M.
  • Miller v Stonier [2015] EWHC 2796 (Ch), a successful defence to a contested s.175 CA 2006 conflicts of interested and corporate opportunities claim before Newey J (as he then was).
Arbitration

Andrew acts for a wide range of clients engaged in national and international arbitral disputes involving commerce and investment, and are frequently cross-border in nature.

He also advises and acts as an advocate in arbitration-related court proceedings before the English Courts and international courts such as the DIFC Court.

Recent work includes:

  • Grand Valley General Trading LLC v GGICO Sunteck Ltd [2019] DIFC CFI 044 and CA 007/2019, acting with HFW Dubai in relation to a challenge to the jurisdiction of DIFC Courts by reason of an agreement for LCIA arbitration in Singapore and further claims relating to the joinder of the parent company of the Second Defendant and security for costs in the DIFC CFI and a jurisdiction appeal in the DIFC Court of Appeal.
  • An LCIA arbitration in Dubai relating to a joint venture dispute, involving jurisdiction, joinder and security for costs issues.
  • A LCIA contested injunctive relief application, acting for a Ukrainian company.

What the directories say

  • “Andrew is an excellent strategist with a rare talent for making the complicated uncomplicated.” Legal 500 2026
  • “Andrew is an excellent strategist, and extremely well-mannered with clients, in highly stressful situations. He is spot on with the detail of any case, and unflappable. He offers a reassuring and commercial approach to complex litigation.” Legal 500 2026
  • “Andrew is an excellent barrister, he is very user-friendly, part of the team, and clients love him. He is highly intelligent and an excellent advocate.” Legal 500 2025
  • “Andrew is an excellent balance of academic and pragmatic. He maintains a keen eye on developments in this fast-moving sector whilst contributing to those same developments in a most positive way.” Legal 500 2025
  • “Andrew is a great barrister. Very user-friendly, and accessible. He is a team player, and clients really like him.” Legal 500 2024
  • “A brave, forceful, well prepared yet canny advocate. Excellent client care and very commercial.” Legal 500
  • “Very good nature with the clients – clients love Andrew. He is able to instill confidence even under extreme pressure.” Legal 500
  • “Personable and easy to use. Solicitors get on with him very well. He is very commercially minded.” Legal 500
  • “One of the most people-friendly and commercially aware barristers out there. His ability to communicate at any level sets him apart. Attentive and responsive with clients: he always adds value.” Chambers & Partners
  • “Very responsive, always willing to go the extra mile and someone who has managed to develop a strong rapport with clients.” Legal 500
  • “He has shown excellent knowledge and ability to apply complicated facts to the regulatory regime and case law.” Legal 500
  • “He’s got an exceptionally good way with lay clients. He’s quite fearless and commercially very realistic.” Chambers & Partners
  • “Noted for his strong track record in mis-selling claims” Chambers & Partners
  • “Acts on a broad range of commercial chancery disputes, offering expertise in unfair prejudice petitions and other shareholder litigation matters as well as contract law. He also advises on professional negligence cases.” Chambers & Partners
  • “An accomplished chancery and commercial litigator who draws on a wealth of advocacy experience in both international and domestic disputes. His areas of expertise include injunction and restitution claims, commercial theft, breaches of trust and fiduciary obligations.” Chambers & Partners
  • “A respected senior junior with a strong commercial chancery practice. He is commonly instructed in disputes relating to mortgages, fiduciary obligations, negligence and breach of trust.” Chambers & Partners
  • “Noted for his strength in representing clients in the financial services sector. A passionate and very intelligent advocate who is tactically astute and really gets behind your case.” Chambers & Partners

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