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Andrew McGuinness, barrister-at-law I was called to the Bar of England and Wales in 1992. In private practice in Holborn Chambers, I am a general civil practitioner with a tendency to litigation in the Business and Property Courts. My email is: 
Regulated by the Bar Standards Board of 289-293 High Holborn, London WC1V 7HZ. In addition, The Office for Legal Complaints of PO Box 6806, Wolverhampton, WV1 9WJ is empowered by the Legal Services Act 2007 to publish information on ombudsman decisions. 19 December 2024 Section 994 of the Companies Act 2006: Re Box Processing Limited On 19 December 2024 ICC Judge Jones handed down judgment in Re Box Processing Ltd [2024] EWHC 3166 (Ch). This followed a trial of five days in the Business and Property Courts of England and Wales (High Court, Rolls Building). I was instructed on behalf of the petitioner by Emel Hussein of EA Law Solicitors. 27 November 2024 CPR 24: summary judgment re commercial debt On 27 November 2024 my client (claimant / applicant) obtained summary judgment for £72,000 and costs of £40,114.92 by Order of the County Court at Canterbury. I was instructed by Katarzyna Boguslawska of Carter Lemon Camerons LLP. 27 September 2024 
31 July 2024 CPR 31.16: pre-action disclosure On 31 July 2024 my client as applicant / intended claimant obtained an order for pre-action disclosure pursuant to CPR 31.16. The order refers to classes of documents going to points of defence raised in correspondence by the respondent / proposed defendant. The Court awarded costs to the applicant. I was instructed by Katarzyna Boguslawska of Carter Lemon Camerons LLP on behalf of DSteel Ltd. 16 July 2024 In this matter I was instructed by Chris Corney of Smithfield Partners to draft a defence for the first of two defendants in relation to alleged liabilities under a guarantee given to wholesalers Booker. The Defence was filed and served 16 July 2024. On 22 July 2024 proceedings against the first defendant were discontinued by N279. 
1 July 2023 On 1 July 2023 Middlesex and Yorkshire contested the County Chess Championship U1850 Final at Syston, Leicestershire, about 500m east of the Fosse Way. Middlesex won. 23 May 2023 Hearing at Bournemouth Crown Court; sequela [Legal Cheek] [ROF] 1 December 2022 Section 994 of the Companies Act 2006: Re Brain Plan 2020 Limited In this dispute I was instructed by Leonie Savory of Tiger Law on behalf of Chess Grandmaster Raymond Keene OBE and his son Alexander Keene who were the First and Second Respondents to Petition CR-2021-001467. On 21 November 2022 my clients made an application to dismiss alternatively strike out the Petition and this application was listed with the Costs and Case Management Conference (CCMC) on 1 December 2022. The dispute was resolved by a conditional Order by Consent dated 1 December 2022 and further Order of ICC Judge Prentis. GM Keene commented: "I would like to register my heartfelt thanks to Andrew for his insight, diligence and sheer inspiration over the past year in helping our company overcome vexatious but potentially threatening litigation which would have struck at the very core and being of our enterprise. I am also grateful to Tiger Law for their diligence, hard work, and availability." 2 July 2022 On 2 July 2022 Middlesex and Yorkshire contested the County Chess Championship U1850 Final at Ullesthorpe, Leicestershire. Middlesex won. 
25 February 2022 GABONA Spółka z ograniczoną odpowiedzialnością Spółka Komandytowa v ALWAIS Limited: recovery of commercial debt of €560,760.80 In this matter I was instructed by Katarzyna Boguslawka of Carter Lemon Camerons LLP on behalf of Gabona sp. z o.o. sp. k., the claimant company registered in Poland, against ALWAIS Limited, the defendant company registered in the UK. The total claim by Gabona was for damages of about €561K excluding interest and costs. The bank account of ALWAIS was frozen and proceedings were issued on 26 July 2021. On 15 October 2021, Gabona made a partial recovery of about €196K from the frozen bank account. The net quantum of unrecovered loss was about €365K. By order dated 24 January 2022, Gabona obtained judgment in default of acknowledgement of service. On 18 February 2022, Gabona applied for assessment of damages in the sum of £302,951.90 (sterling equivalent of €365,003.29) and costs in the sum of £47,566.38. By order of HHJ Saggerson dated 25 February 2022 (sealed 25 March 2022) the Court granted a liquidated judgment in these terms, in total £350,518.28, bearing interest of 8% per annum. 14 May 2021 Section 994 of the Companies Act 2006: 50/50 quasi-partnership dispute In this case I was instructed by Katarzyna Boguslawska of Carter Lemon Camerons LLP on behalf of a 50% shareholder in a UK limited company. On 19 November 2020 petition CR-2020-004273 was issued out of the High Court (Business and Property) claiming relief pursuant to section 994 of the Companies Act 2006. Directions were given pursuant to which the respondent (the other 50% shareholder) filed and served a Defence and Counterclaim dated 30 December 2020. The petitioner (my client) filed and served a Reply and Defence to Counterclaim dated 28 January 2021. A Costs and Case Management Conference (CCMC) was listed for 14 May 2021. On 13 May 2021 the dispute was settled. On the date of the vacated CCMC, Chief ICC Judge Briggs approved a Tomlin order dated 14 May 2021. Warszawa, 31 marca 2021r. To jest certyfikat ukończenia kursu języka polskiego. 
12 January 2021 Section 994 of the Companies Act 2006: dilution of shareholding In this matter I was instructed by EA Law Solicitors on behalf of a petitioner whose shareholding in a UK limited company had been diluted from 25% to 1% in a disputed issue of new shares. The identity of the parties and the company are confidential. On 30 April 2020 a letter of claim was sent on behalf of the petitioner to the other shareholders. On 22 June 2020 a petition was issued out of the High Court (Business and Property) claiming relief pursuant to section 994 of the Companies Act 2006. The litigation was resolved by Agreement dated 30 December 2020. ICC Judge Prentis approved a Tomlin order dated 12 January 2021. 6 November 2020 Commercial debt-recovery of 284K In this matter I was instructed by EA Law Solicitors on behalf of the creditor to recover a debt of £283,737.50 under a contract made in Singapore between UK nationals. The claim was near to limitation and a Part 7 Claim Form with particulars of claim was issued by the High Court (Business and Property) on 18 September 2020. There was no pre-action correspondence. The claim was sent by email and ordinary post on 18 September 2020. Personal service was effected at 2130 on 21 September 2020. The dispute was concluded by agreement dated 6 November 2020. Master Shuman approved a Tomlin order dated 30 November 2020. 7 August 2020 Section 125 of the Companies Act 2006: rectification of the register In this case I was instructed by Katarzyna Boguslawska of Carter Lemon Camerons LLP on behalf of Maciej Widelski, shareholder of Crostline Ltd (Company No. 08018717). Proceedings for rectification of the share register pursuant to section 125 of the Companies Act 2006 had been issued on 8 July 2019. The litigation concerned a disputed dilution from 50% to 20% of the issued share capital. I was first instructed on 3 March 2020 to draft a Reply and Defence to Counterclaim (filed and served 11 March 2020) and in advance of a Costs and Case Management Conference on 2 June 2020. The parties resolved the dispute by agreement dated 31 July 2020. ICC Judge Mullen approved a Tomlin order dated 5 August 2020. Information about Crostline Ltd is on the public record at Companies House: 
4 July 2020 
12 December 2019 In the United Kingdom there was a General Election on 12 December 2019. I was the Brexit candidate in Vauxhall, a safe Labour seat. As part of the process I wrote a document dated 30 May 2019 called 'Brexit - some thoughts'. Two high points were: (1) interview with Hossein Kabi on 5 December 2019; (2) Queer Question Time at the Royal Vauxhall Tavern on 7 December 2019. 16 November 2019 Comment: Representation of the People Act 1983 The Daily Mail reports allegations that Brexit candidates have been offered inducements (peerages, political goods) to withdraw from the General Election to be held on 12 December 2019. Charles Falconer, a former Lord Chancellor, has referred the matter to the authorities as "exceptionally serious allegations". The statutory context is the Representation of the People Act 1983 (ROPA). Section 107 (corrupt withdrawal from candidature) provides that: 'Any person who corruptly induces or procures any other person to withdraw from being a candidate at an election, in consideration of any payment or promise of a payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.' So a person who offers payment to a candidate to withdraw, and any candidate who withdraws for that reason, are guilty of an illegal payment. Section 113 (bribery) deals with bribery of voters. Section 114 (treating) and Section 115 (undue influence) also concern improper conduct to voters. Sections 113-115 do not apply to pressure against candidates - rather those provisions are about what candidates should not do to voters. Peerages or political jobs are not payments. Section 107 is in narrow terms. There is no need to resolve the Con-Brex-Lab argument about the facts - the story is an interpartisan non-event. Related links BBC 16 November 2019: 'General Election 2019: police assessing call for peerage claim probe' Daily Mail 16 November 2019: 'Met probes electoral fraud claims' Guardian 16 November 2019: 'Police assessing claims that Tories offered peerages to Brexit party' ITV 16 November 2019: 'Political corruption of the highest order, says Labour' Representation of the People Act 1983 ROPA section 107 ROPA section 113 ROPA section 114 ROPA section 115 15 November 2019 Re Enzo Global Ltd In this case I was instructed by Francesca Flood of Burlingtons Legal LLP on behalf of four claimants namely Zegura Ltd, Tony Messer, Pilar Torres Wahlberg and Palander Investments Ltd in proceedings against J&P Ventures LLP and seven other defendants. The claimants are the majority shareholders of Mosaic Island and Pickaweb. On 30 September 2019 Marcus Smith J granted an interim freezing order. Claim Form N1 seeking remedies under the Companies Act 2006 in particular section 260 (derivative claims) and section 994 (unfair prejudice) was formally issued on 2 October 2019 out of the Rolls Building [Business and Property Courts, Companies]. The interim freezing order was extended by Nugee J on 4 October 2019 and Falk J on 18 October 2019. The proceedings were settled by Tomlin order approved by Morgan J on 15 November 2019. 11 July 2019 FPR 4.4: defended petition for divorce dismissed as abuse of process In this case I was instructed by Francesca Flood of Burlingtons Legal LLP on behalf of the respondent (husband). By petition dated 13 June 2018, the petitioner (wife) was pursuing a divorce on contested grounds of conduct (unreasonable behaviour). On 5 July 2019 the respondent issued an application to strike out the petition pursuant to Family Procedure Rule 4.4. On 11 July 2019 Her Honour Judge Wright struck out the petition with costs on five separate grounds, including abuse of process. 5 February 2019 Bhandal v Irish Bank Resolution Corporation This case was before the High Court in Dublin where Mr Bhandal was pursuing a European Enforcement Order in relation to his £113m UK judgment of March 2013. Reports appeared in the Irish Times, Irish Examiner and The Times. On 10 March 2019 a confidential settlement was reported by The Business Post. 23 August 2017 The High Court (Snowden J) has given guidance on the difference between dilapidations (which are not subject to VAT) and fees payable under a licence of premises (which may be subject to VAT). The legislative text is VAT Notice 742 (at paragraph 10.12) and the judgment is West End Commercial Ltd v London Trocadero (2015) LLP [2017] EWHC 2175 (Ch) (at paragraphs 58 to 62). In this case I was instructed by Consilium Legal on behalf of the licensee. 23 October 2015 Byblos Country Club Golf SA litigation In this case I was instructed by Chris Corney, then of Carter Lemon Camerons LLP, on behalf of Dag Frode Nordset and TM Hejoriola SL (the Claimants). The litigation concerned La Manzanilla (UK) Ltd and the Byblos Golf and Country Club in Spain. The action was instituted by Part 8 Claim issued 14 July 2015 seeking remedies under the Companies Act 2006, namely:- section 1029 (restoration of company); sections 170-174 (duties of officers to company); section 260 (derivative claim on behalf of company); section 994 (unfair prejudice to shareholders). The litigation also involved:- ex parte injunction to protect assets including real property overseas and sole bearer share in a Panama-registered company; registration of a Spanish judgment under CPR 74.6 and Council Regulation (EC) No 44/2001 ("the Brussels Regulation"); conclusion by agreement of the Claimants, nine Defendants and the Registrar of Companies/Government Legal Department. An order by consent disposing of the litigation was approved by Peter Smith J on 23 October 2015. 18 March 2015 Magnic Ltd v (1) Ul-Hassan; (2) Malik [2015] EWCA Civ 224 In this case, important in the area of forfeiture of commercial leases, my clients (the tenants) succeeded in the Court of Appeal in a unanimous judgment of the Master of the Rolls (Lord Dyson), Patten LJ and Tomlinson LJ. The commercial lease in question had been forfeited pursuant to an order of Brentford County Court. In the first appeal to HHJ Powles QC and in the second appeal to the Court of Appeal I was instructed by Tann and Tann and lead by Peter Knox QC. 11 March 2013 Bhandal v Irish Nationwide Building Society In this case I was instructed by Whitworth and Green on behalf of the Claimant and obtained judgment for £113,214,374.20. The action was a claim for breach of duty by mortgagee in the receivership/sale of Updown Court. 27 June 2008 Comment: Cicero, Stuart Wheeler and the legal enforcement of political manifesti Cicero is famous for many things, including the briefest, yet most complete and precise, explanation of what law is and how it works: ubi remedium ibi ius. A literal translation is "where remedy there right"; something more user-friendly would be "where there is a remedy, there is a right". And indeed if you think you have a particular right, but on inspection you discover you don't have a remedy for a breach thereof, then you are the possessor of an oxymoron which is also a nullity or non-entity: an unenforceable right. read full article Related links European Constitutional Treaty of 2004 - official text Lisbon Treaty - official text R v Office of the Prime Minister & anor [2008] EWHC 936 (Admin)" - judgement (2 May 2008) of Mr Justice Owen giving permission for judicial review EU Observer - "UK millionaire's Lisbon Treaty challenge defeated" Telegraph - "Stuart Wheeler loses EU Lisbon Treaty court case" BBC - "Wheeler to appeal over referendum" R v Office of the Prime Minister & anor [2008] EWHC 1409 (Admin) - judgment (25 June 2008) of LJ Richards and Mackay J 31 March 2008 Comment: the Sex Discrimination Act 1975 (Amendment) Regulations 2008 SI 2008/656 This statutory instrument ("SI"), which comes into force on 6 April 2008, has provoked journalists at the Daily Mail to state that "Bar managers and store owners face large-scale compensation claims if their customers ogle their barmaids, waitresses or check-out staff. New sex discrimination laws also mean that landlords who allow loud sexist jokes or banter among drinkers could be taken before a tribunal." This is not necessarily an exaggeration. read full article (c) A McGuinness 2007-2021 |
Copyright of the respective owners is acknowledged in all external materials Reported and Transcribed Cases West End Commercial Ltd v London Trocadero (2015) LLP [2017] EWHC 2175 (Ch) Magnic Ltd v Ul-Hassan [2015] EWCA Civ 224 Palmer & Harvey McLane Ltd v Garrad [2013] EWHC 3810 (Ch) Jones v Variety Club (2011) Employment Re Minrealm [2010] EWCA Civ 780 Angel v Stainton & Anor [2006] EWHC 637 (QB) Cadogan v Loder Dyer [1998] EWCA Civ 1285 Panton v Sanctuary Music Productions [1997] UKEAT 681_97_1610 Free Grammar School of John Lyon v Mayhew [1996] EWCA Civ 1192 Useful Links Companies House - source of UK corporate info Her Majesty's Land Registry - beware of expensive imitations BAILII - British and Irish Legal Information Institute 
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