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Andrew has a reputation for being a leading junior in banking and financial services. Andrew’s practice is commercial chancery-based, specialising particularly in disputes relating to the interpretation or breach of most types of commercial contract, personal guarantees, mortgage and trust deeds and joint venture agreements, claims for breach of trust, fiduciary duty and directors’ duties and cases involving commercial fraud including freezing injunctions and asset recovery, both for an against banks. Andrew is frequently instructed on matters involving cross-border enforcement of judgments and anti-suit injunctions.
Andrew has been instructed on various cases involving mis-selling of financial investments and pension products (such as group actions involving Keydata, Arch Cru, Sterling Mortimer and Harlequin); some of which have involved judicial review applications and Group Litigation Orders and cross-border claims. 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  2 BCLC 267 and more recently in a claim against the Financial Ombudsman Service in relation to a decision to decline jurisdiction in a pension review claim.
In addition, Andrew is very experienced in disputes involving intellectual property rights and copyright as between financial advisers on the breakdown of joint ventures, relating to the ownership of clients and trail and renewal commissions. Frequently, Andrew is instructed on contested disclosure applications, involving trusts and offshore accounts [Thursfield v Thursfield  EWHC 3742 (Ch), which involved a contested application for a North Shore Ventures Order relating to a Bahamian trust].
Andrew also acts in disputes involving sports law. Recent cases have included the following:
Andrew acted for an IFA being sued by a premiership and England footballer for alleged mis-selling of financial investments. [Stan Collymore v Mark Francis & Others  Gloster J, a claim for damages of £1.5million]
Andrew acted for a premiership and England footballer in a contested contractual dispute.
Acting for the ousted chairman and some directors of a non-league football club seeking to stop by injunction an administration process taking place.
Andrew has a busy professional negligence law practice, specialising particularly in disputes involving financial advisers, solicitors, surveyors and other construction professionals, including claims arising out of construction disputes and sale and leasing of land and the mis-selling of financial investments.
Acting against a former Premiership club director in a dispute referred to arbitration.
Andrew is regularly instructed in matters concerning breach of trust and fiduciary duties and joint ventures and disputes between company directors and co-adventurers involving claims for breach of fiduciary and directors’ duties. Recently reported cases include Miller v Stonier  EWHC 2796 (Ch), which involved allegations that a company director owed a fiduciary duty to his business partner (as opposed to the joint venture company), Newey J held that the case had none of the particular and special features necessary for fiduciary duties to arise between commercial co-venturers and Power v Hodges  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.
Recent pensions work has included a judicial review application against the Financial Ombudsman Service in relation to a decision to decline jurisdiction in a pension review claim and Andrew has been instructed on various cases involving mis-selling of pension products.
Frequently, Andrew is instructed on contested disclosure applications, involving trusts and offshore accounts, such as Thursfield v Thursfield  EWHC 3742 (Ch), which involved a contested application for a North Shore Ventures Order relating to a Bahamian trust.
Andrew’s recent cases have involved the High Court considering the scope of fiduciary and director’s duties in joint venture agreements to each other as well as the JV company [Miller v Stonier  EWHC 2796 (Ch)] and misfeasance and wrongful trading claims against company directors [Power v Hodges  BPIR 162], acting for the bank in a claim relating to duties of disclosure on a without notice freezing injunction [Cole v National Westminster Bank  EWHC 992 (Ch)] and the interface between regulatory duties and enforceability of contracts under sections
19 and 26 of FSMA 2000 on Regulated Mortgage Contracts [see appeal at Personal Touch Financial Services Ltd v Simplysure Ltd  EWCA Civ 461] and in the Court of Appeal which provided guidance on the extent of an “all monies” guarantee [National Merchant Buying Society v Bellamy  EWCA Civ 452] and collateral warranties [Thinc Group v Armstrong  EWCA Civ 1127] and penalties in contempt proceedings for breach freezing injunctions [Thursfield v Thursfield  EWCA Civ 840 and Hewlett Packard Enterprises v Peter Sage  EWHC 66, at  where Jay J. praised Andrew for his “measured and realistic submissions”]. In addition, in 2014, Andrew acted in the Gibraltar Supreme Court before Jack J. in relation to a claim on a personal guarantee for 8.5M euros.
Andrew is also an experienced mediator and an arbitrator who is regularly instructed in cases involving international arbitration and mediation or other forms of alternative dispute resolution, such as expert determination.
Andrew is recognised in Chambers UK Bar Guide 2017, as being a leader in (1) Chancery: “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.” “He's got an exceptionally good way with lay clients. He's quite fearless and commercially very realistic.” and (2) Commercial Dispute Resolution: “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.” “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.”
Andrew is recognised in Chambers UK Bar Guide 2016, as being a leader in (1) Chancery: “…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.” "He’s very good with clients and always willing to go the extra mile.” and (2) Commercial Dispute Resolution: “Noted for his strength in representing clients in the financial services sector. His practice encompasses property and professional negligence litigation, as well as cases concerning breach of trust and breach of fiduciary duty.” “A passionate and very intelligent advocate who is tactically astute and really gets behind your case.”
Legal 500 (2017), under Commercial, Banking and Insolvency, which states that Andrew Maguire ‘… has a wide-ranging practice including asset finance enforcements, fraud and breach of contract matters.’
Legal 500 (2016), under Commercial, Banking and Insolvency, which states that Andrew Maguire is “committed advocate who reads a situation well”.
Recently reported cases:
Avoncroft Construction Ltd v Sharba Homes (CN) Ltd  119 Con LR 130
State Bank of India v Toor  EWHC 1097 (Ch)
Wright v Wright  EWHC 1808 (Ch)
Acco Properties Ltd v Severn  EWHC 1362 (Ch)
R (on the application of ABS Financial Planning Ltd & Ors) v Financial Services Compensation Scheme Ltd & Financial Services Authority  All ER (D) 78;  ACD 39.
Kahlon v Isherwood  EWCA Civ 602;  2 P&CR 19 (Rix, Stanley Burnton and Patten LJJ).
Argentum Lex Wealth Management Ltd v Giannotti  EWCA Civ 1341 [I obtained leave on paper (Toulson LJ); same argument successful on appeal, although I did not appear at appeal hearing] (Ward, Longmore and Sullivan LJJ)].
National Merchant Buying Society Limited v Bellamy & Mallett  EWHC 2323 (Ch)
- Chancery Bar Association
- Commercial Law Bar Association
- Financial Services Lawyers Association
- Accredited Commercial Mediator
- Chartered Institute of Arbitrators
- Northern Ireland Bar (2011)
- Gibraltar Bar (2014)
- Inner Temple Pegasus Scholar (Bermuda and USA)
- Mentor on Lord Chancellor’s Training Scheme for Chinese Lawyers (2010)
- Speaker on Bar Council Business Development Trip to Beijing and Tianjin, China (November 2011)
St Thomas Aquinas School, Kings Norton, Birmingham (1977-1984);
Hull University (1984-1987) LL.B. Class 2:1;
Inns of Court School of Law (1987-1988).
Inner Temple Pegasus Scholar 1990 (Bermuda and USA)
Beyond the Bar
Theatre, foreign travel, skiing and playing cricket, watching rugby and cricket and supporter of Aston Villa FC.
Category: Wealth management