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:
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.
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.
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  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  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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European Constitutional Treaty of 2004 - official text
Lisbon Treaty - official text
R v Office of the Prime Minister & anor  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  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 2007-2019
Copyright of the respective owners is acknowledged in all external materials
Reported and Transcribed Cases
Free Grammar School of John Lyon v Mayhew  EWCA Civ 1192
Panton v Sanctuary Music Productions  UKEAT 681_97_1610
Cadogan v Loder Dyer  EWCA Civ 1285
Angel v Stainton & Anor  EWHC 637 (QB)
Re Minrealm  EWCA Civ 780
Palmer & Harvey McLane Ltd v Garrad  EWHC 3810 (Ch)
Magnic Ltd v Ul-Hassan  EWCA Civ 224
West End Commercial Ltd v London Trocadero (2015) LLP  EWHC 2175 (Ch)
Companies House - invaluable source of corporate info
Her Majesty's Land Registry - beware of expensive imitations
BAILII - British and Irish Legal Information Institute