Andrew Leung

Call: 2010

 

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Education:                                          

MA (English), Girton College, Cambridge (Double First; 2nd in year)

MPhil (Criticism and Culture), Girton College, Cambridge (Distinction)

Diploma in Law, City University (Commendation)

Bar Vocational Course, City University (Very Competent)

Recent Practice:

Andrew is developing a broad commercial practice in line with Chambers' profile. He has gained experience of the following areas:

Dry Shipping and Commodities

Andrew has experience of an extensive range of voyage and time charter disputes, including disputes concerning:

  • Dangerous cargo
  • Damaged cargo
  • Speed and performance claims
  • Hull fouling 
  • Piracy and war risk clauses
  • Whether an owner was entitled to keep a charterparty alive in circumstances where the charterer was in repudiatory breach
  • Whether charterers were entitled to make deductions from demurrage due to underperformance under a voyage charter
  • A bespoke set-off clause and multi-million dollar deductions from hire

Injunctions

  • Andrew is currently instructed as second junior to Timothy Hill QC and Jeremy Lightfoot in an application for multiple world wide freezing injunctions in proceedings to enforce a US$35.5 million arbitration award.
  • Instructed by a major bank to oppose an application for an injunction to restrain the marketing and selling of repossessed property.

  • Assisted in an application for a £70 million freezing injunction.
  • Prepared a draft skeleton argument, witness statement and pleadings in an application for an anti-suit injunction in an aviation insurance dispute.

Collision & Admiralty

Andrew has been instructed in a dispute concerning a collision between yachts during a regatta. As part of his centrally assessed work, Andrew completed a draft advice analysing in rem and in personam liability arising out of a collision which raised complex jurisdictional issues under the Judgments Regulation. Andrew has also assisted in an application for the sale of an arrested vessel.

Shipbuilding

Andrew assisted in a US$60 million shipbuilding dispute involving non-payment of instalments, suspension of shipbuilding and entitlement to terminate.

 

Cargo Claims

  • Acting for a shipper and consignee in a cargo claim involving alleged mould damage to cocoa.  

Jurisdiction Disputes

Prepared a draft skeleton in a jurisdictional battle arising from the destruction by fire of a vessel in circumstances involving overlapping foreign proceedings.

Marine Insurance

  • Andrew assisted Tom Whitehead in Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG [2011] EWHC 3381 (Comm), a case arising out of the loss of a vessel and involving the question of whether insurers could enforce the terms of a Tomlin order by way of summary relief without lifting the stay in the order and without the need to issue fresh proceedings.
  • Andrew wrote a draft advice in relation to a £30 million claim for constructive total loss following catastrophic hull failure and involving multiple insurance policies.

Arbitration

Andrew has gained experience of a number of shipping arbitrations. For example, he assisted in a two-day trial concerning a dry-docking clause and an alleged failure to exercise best endeavours. He also prepared draft submissions for an arbitration involving the liability of a charterer to the owner in relation to underperformance claims brought by a subsequent charterer.

Intellectual Property

Assisted in a dispute involving allegations of breaches of confidence and trespass to goods in the context of confidential information obtained by computer hacking.

Other Commercial Work

 

Andrew appears regularly in the County Court in contested possession actions, including appeals and an application to set aside a warrant of possession on grounds of oppression/abuse of process.  

Andrew has acted for major banks and finance houses in consumer credit disputes. In addition to regular appearances in court on various applications, Andrew has advised on issues arising out of the repossession of goods and the termination of regulated agreements.  

Andrew has prepared draft advices and/or pleadings on a wide range of general commercial matters, including on the following:

  • On the export of goods to Iran and the impact of EU regulations and sanctions.
  • On a sale of goods dispute raising issues of estoppel by convention and novation.
  • The validity of warranty claims brought under a share purchase agreement.

Prior Experience:

Andrew underwent a 12-month pupillage at Blackstone Chambers before joining Stone Chambers. During his time there, Andrew appeared in the Supreme Court in R (Coke-Wallis) v Institute of Chartered Accountants of England and Wales [2011] 2 WLR 103 (SC) and Tariq v Home Office [2011] UKSC 35. He also gained exposure to a wide spectrum of commercial and employment law matters, among other things.

Commercial Law

Highlights in this field included:

  • Drafting submissions disputing the jurisdiction of the Cayman Court for the Judicial Committee of the Privy Council in a US$ 9 billion claim.
  • Advising on the potential enforceability of judgments under the Lugano Convention against various individuals domiciled outside the jurisdiction who were alleged to have orchestrated a multi-million pound fraud.
  • Writing an opinion for a major UK bank on whether the subsidiarisation of European banks headquartered in the UK would be contrary to EU law, and whether the subsidiarisation of UK banks would entail discrimination under the ECHR.

Employment Law

Andrew assisted in a varied range of employment law matters. For example, he:

  • Drafted an advice on an unfair dismissal claim in which the employee alleged he was dismissed for whistleblowing against a major international bank.
  • Drafted extensive pleadings and a skeleton argument for various applications in a case involving breaches of fiduciary duty, confidence and copyright, knowing receipt, unlawful distribution and conspiracy by unlawful means.
  • Drafted a skeleton argument in an application for springboard relief and delivery up of confidential information in a dispute concerning the alleged use by ex-employees of their ex-employer’s database of suppliers and contacts to launch a competing business.
  • Wrote a draft advice on a dispute involving a restrictive covenant in a deferred compensation scheme and the applicability of the Rome Convention.
  • Wrote a draft advice on the admissibility of privileged communications in a discrimination claim by a partner at a law firm.
  • Prepared a presentation on the effect the removal of the national default retirement age is likely to have on age discrimination and unfair dismissal claims. 

Publications:

Andrew is co-editor of the Shipping and Maritime Law Brief Update, a monthly publication received by about 15,000 legal professionals.

Awards:

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)