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 commercial/Chancery litigation. I do not have Direct Public Access however preliminary enquiries may be sent to amg[at]amg[dot]london.

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 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.

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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.

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A McGuinness 2007-2016

Copyright of the respective owners is acknowledged in all external materials

Reported and Transcribed Cases

Free Grammar School of John Lyon v Mayhew [1996] EWCA Civ 1192

Panton v Sanctuary Music Productions [1997] UKEAT 681_97_1610

Cadogan v Loder Dyer [1998] EWCA Civ 1285

Angel v Stainton & Anor [2006] EWHC 637 (QB)

Re Minrealm [2010] EWCA Civ 780

Palmer & Harvey McLane Ltd v Garrad [2013] EWHC 3810 (Ch)

Magnic Ltd v Ul-Hassan [2015] EWCA Civ 224

West End Commercial Ltd v London Trocadero (2015) LLP [2017] EWHC 2175 (Ch)

Useful Links

Companies House - invaluable source of corporate info

Her Majesty's Land Registry - beware of expensive imitations

BAILII - British and Irish Legal Information Institute