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'Recommended for cases with complex factual backgrounds' Legal 500
'Very approachable; he puts clients and solicitors at ease' Legal 500
'A concise communicator, who unpicks complex scenarios' Legal 500
Andrew Bowen KC

Andrew Bowen KC

Year of Call - 1997
Year of Silk - 2012
Qualifications - BA (Oxon); LLM (Lond); Solicitor in England & Wales (1989); Called to Bar of England & Wales (1993); FCIArb; Arbitrator KLRCA

Andy Bowen KC has a wide-ranging civil and commercial practice, with particular expertise in contract, property, professional liability, cross-border issues and arbitration.

Biography

Andy read law at Keble College, Oxford (2:1) and took an LLM (1st) at London University specialising in commercial law.  He qualified as a solicitor (1989) and Barrister (1993) in England and Wales before calling to the Scottish Bar in 1997, taking silk in 2012.

 

He has a civil and commercial practice, including contract, property, professional liability, cross-border issues and arbitration. His commercial experience includes complex contractual, construction and property disputes, including PFI contracts, shareholders' litigation, directors' fiduciary duties and professional negligence, disciplinary and regulatory including healthcare professional and architects. He has experience of arbitrations under ICC, LCIA and SCC Rules as well as under the [English] 1996 Arbitration Act and the [Scottish] 2010 Act. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and an Arbitrator for the Kuala Lumpur Regional Centre for Arbitration. He is ad hoc Advocate Depute (Crown Counsel).

 

In addition he has worked for the UN in the Gaza Strip [1990] and Kosovo [1999], and as a Public Solicitor in the Solomon Islands [1991], an International Fellow in Ramallah, West Bank [2011] and most recently in Kabul as a judicial trainer with the British Embassy [2018].

 

Andy continues to practice at the Bar of England & Wales where he is a member of 42 BR Barristers. 

Appointments

  • Ad Hoc Advocate Depute since 2003
  • Fellow of Chartered Institute of Arbitrators (FCIArb)
  • Chairperson (Legal), Private Rented Housing Panel/Homeowner Housing Panel
  • Arbitrator for the Kuala Lumpur Regional Centre for Arbitration (KLRCA)
  • Member, Faculty Law Reform Committee
  • Member, Faculty Human Rights and Rule of Law Committee
  • Faculty Council (Senior Counsel Constituency)
  • Member of Nani Palkhivala Arbitration Centre Arbitrator's Panel

Memberships

  • Member of 42 BR Barristers

Articles & Commentary

  • A Highly Specific Exception - The 'No Reflective Loss' Rule in Prudential Assurance
  • ''A Highly Specific Exception'' - The 'No Reflective Loss' Rule in Prudential Assurance
  • Commercial Joint Ventures and Fiduciary Duties
  • Director's Breach of Fiduciary Duty and Unfairly Prejudicial Conduct
  • Relational Contracts, an Implied Duty of Good Faith and Commercially Unacceptable Conduct
  • Post-employment Covenants, the Doctrine against Restraint of Trade and Severability
  • The ''Director's Creditors' Interest Duty'' and Dividend Payments
  • Legal Filters, 'Advice or Information' and Auditors Liability
  • The 'Reflective Loss' Principle and Legal Impossibility
  • Interest Rate Swaps and 'An Elastic, Factually Sensitive Duty'
  • Organs of the Company and Exclusive Jurisdiction
  • Directors as Financial Stewards and Conversion of Company Property
  • Hypothetical Negotiation and Damages for Breach of Contract
  • Illegality, One-Man Companies and Supine Directors
  • Professional Negligence, 'But For' Causation and Collateral Benefit
  • Textualism and Contextualism in the Interpretation of Avoidably Opaque Contract Terms
  • A Duty of Good Faith and a Principle of Futility in Commercial Contracts?
  • Unjust Enrichment and Adjusting Relationships on a Fictionalised Basis
  • Consideration, Anti-Oral Variation Clauses and ''Collateral Unilateral Contracts''
  • Financial References, Negligent Misstatement and Duty of Care
  • Interest Rate Swaps and Implied Terms
  • Solicitors' Professional Indemnity and Exclusions Clauses
  • Revocation of an Agents Authority
  • Corporate Raids and the 'Proper Purpose' Rule: Eclairs Group Ltd v JKX Oil and Gas Plc
  • ''Bannerman'' Disclaimers and Auditors Liability - Barclays Bank Plc v Grant Thornton UK LLP
  • Ratifying a Breach of Duty, the Duomatic Principle and Creditors' Interests
  • Constructive Notice and Proprietary Rights: Between a Possibility and a Probability
  • Informal Directors, Holding Companies and Hat Identification
  • Liquidators Duties and Statutory Misfeasance Applications
  • EU Law, Piercing the Veil and Jurisdiction: Antonio Gramsci Shipping Corp v Lembergs 2014 1 BCLC 581
  • Tracing and Substitute Property; Relfo Ltd (in liq) v Varsani 2015 1 BCLC 14
  • Solicitors, Commercial Trusts and Substitutive Performance Claims: AIB Group (UK) plc v Mark Redler & Co Solicitors
  • Groups of Companies, Duties of Care and Separate Legal Entities: Thompson v Renwick Group plc
  • Following and Tracing as Remedies for Breach of Fiduciary Duty
  • Commercial Contracts and the Scope of a Solicitor's Duty
  • Pre-Pack Receiverships, Peculiar Agency and Duties of Care - Edenwest Ltd v CMS Cameron McKenna (a firm) 2013 1 B.C.L.C. 525
  • Concealment, Evasion and Piercing the Corporate Veil - Prest v Petrodel Resources Ltd 2013 2 A.C. 415
  • A Core Expectation of Honesty and Swimming Against the Tide
  • Investment Mis-selling and Breach of Statutory Duty
  • Assignations, Metaphysicians and Black Holes - Pegasus Management Holdings SCA v Ernst & Young 2012 2 B.C.L.C. 734
  • Share Purchase Agreements and Penalties - Cavendish Square Holdings BV v Makdessi 2013 1 All E.R. (Comm) 787
  • Letters of Credit, Discharge of Debts and Subrogation
  • Intention to Create Legal Relations and the Application of RTS Flexible Systems Ltd
  • Adventurous Investments, Banks Duty of Care and Gross Negligence - Camerata Property Inc v Credit Suisse Securities (Europe) Ltd
  • Guarantees and Entire Agreement Clauses
  • Reciprocal Unfair Prejudice and Valuation of Shares
  • Attribution in Company Law and Rectification of Contracts
  • Misuse of Confidential Information, Restrictive Covenants and Barring-Out Relief
  • Context is All - Construction of Guarantees as Commercial Contracts
  • Damages for Loss of Use of Money as Consequential Loss
  • Principals, Agents and Entire Agreement Clauses
  • Elephant Traps and Repudiation
  • Companies Act Obligations And Unfairly Prejudicial Conduct
  • Implied Terms in Commercial Contracts
  • Directors Duties of No Conflict and No Profit
  • De Facto Directors, Corporate Directors and Lifting the Veil
  • Turning The World Upside Down - Fraud and Auditors Negligence
  • Pre-Contractual Negotiations and Construction of Commercial Contracts Chartbrook Ltd v Persimmon Homes Ltd 2009 UKHL 38
  • Ponzi Schemes and Bank Duties
  • Non-Executive Directors - Total Inactivity and Causation of Loss
  • The Commercial Realities of Section 151 of the Companies Act 1985 and Contractual Illegality
  • A Solicitor's Duty of Disclosure
  • Challenging the Financial Services Ombudsman
  • Marathon Litigation, Directors Disqualification and Human Rights

Recent Cases

  • Lesley Currie v Susan Jane Blair, as Executor Nominate of the
    late John Currie
    [2022] CSIH 58
  • Arbitration Appeal No. 4 of 2020 [2021] CSOH 14
  • Loretto Housing Association Limited v Cruden Building & Renewals Limited, Cameron & Ross Limited & Others [2019] CSOH 78
  • CINE-UK Limited v Union Square Developments Limited [2019] CSOH 3
  • C.J.C. Media (Scotland) Limited v Kenneth Sinclair [2019] CSOH 8
  • Keystone Healthcare Ltd v Parr, Chancery Division District Registry (Manchester), [2017] EWHC 309 (Ch)
  • Martifer UK Limited v Lend Lease Construction (EMEA) Limited [2016] CSOH 98; (Contract: Breach of Contract)
  • Hill and Another v Stewart Milne Group Limited and Another [2016] CSIH 65 (Expenses)
  • Gilchrist v McClure Naismith LLP [2015] CSOH 134 (solicitors’ professional negligence)


 

Contact Info

Address: Parliament House, Edinburgh, EH1 1RF
Telephone: 0131 260 5830
E-mail: andrew.bowen@terrafirmachambers.com

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Areas of Practice

  • Administrative and Constitutional Law
  • Arbitration
  • Banking
  • Bankruptcy and Insolvency
  • Building and Construction
  • Commercial
  • Commercial Property
  • Company Law
  • Contract
  • Intellectual Property
  • Landlord and Tenant
  • Partnership
  • Professional Negligence
  • Property
  • Regulatory Crime
  • Unjustified Enrichment

Contact Info

Address: Parliament House, Edinburgh, EH1 1RF
Telephone: 0131 260 5830
E-mail: clerks@terrafirmachambers.com

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