Andy Bowen QC read law at Oxford and London Universities and practices both in England and in Scotland where he took silk in 2012. He became a Fellow of the Chartered Institute of Arbitrators in 2016. He has an established practice north and south of the border, which includes commercial and regulatory litigation and arbitration. His dual-qualification and international experience offers a relatively unique perspective on commercial and regulatory disputes.

Andy is recommended in the Legal 500 2017 as a Tier 1 Leading Silk in Scotland for commercial litigation, described as “A concise communicator, who unpicks complex scenarios.”

As a junior in both England and Scotland Andy’s practice covered a broad range of civil and commercial work, including contractual and property litigation, insurance, professional disciplinary and liability, company litigation including shareholders disputes and directors’ fiduciary duties, cross-border issues and arbitration. Since taking silk his practice has focused on more complex and high value commercial litigation.

Relevant Experience

  • Representing partner of a garage business in commercial action over breach of warranty of SPA claim brought by former partners.
  • Representing shareholder in a derivative action against director of ‘on-line’ business who had failed to account for investment funds/breach of duty.
  • Representing a development company in a commercial action in quantum meruit claim for ‘stolen’ planning permission for an airport hotel where company had an option to buy.
  • Advising development company on defending claim for breach of contract on purchase of commercial property on basis of misrepresentation.
  • Advising UK factoring company on recoverability of debt assigned by ‘related’ company.
  • Advising partners on enforceability of ‘finder’s fee’ for sale of aircraft.
  • Advising wind farm owners on construction of agreement to share grid rights.
  • Advising company on construction of contract with DWP for provision of employment services.
  • Advising director of UK company on enforceability of guarantee in claim brought by liquidator.
  • Advising directors on ‘hive out’ of assets of company in liquidation, on adjustment of prior transaction/directors’ personal liabilities.

Relevant Experience

  • Acting for claimant partnership in claim for negligent drafting of contract for sale of land and consequent loss of back-to-back sale.
  • Advising liquidator on ‘insurable interest’ on insurance for commercial property damaged in fire.

Relevant Experience

  • Acting for sub-contractor in variation claims against main contractor arising out of construction of major concert venue in Glasgow, 2 week commercial trial end of April/May 2016.

Relevant Experience

  • Acting for claimant director / shareholder / company assignee in claim against solicitors for negligent advice on company re-structuring.
  • Acting for property developers in claim against solicitors for failure to complete contract for sale of land.
  • Advising solicitors’ partnership on professional negligence claim against estate agency subsidiary.
  • Acting for architects in Part 20 additional claim arising out of ‘façade retention’ redevelopment of former hospital.

Relevant Experience

  • Representing framework electrical works tenderer on public procurement action against a city council.

Relevant Experience

  • Advising Libyan facilities company on claim against multinational oil company for breach of contract under ICC arbitration.
  • Acting as arbitrator in domestic solicitors’ partnership dispute.
  • Arbitration under 1996 Act on breach of contract in performance of electric lock gates.
  • Arbitration under Stockholm Chamber of Commerce Rules on pension obligations arising from SPA.
  • Arbitration under London Centre for International Arbitration on distribution agreement.
  • Arbitration in Scotland on dissolution of partnership.

Relevant Experience

  • Acting for sub-contractor in variation claims against main contractor arising out of construction of major concert venue in Glasgow, 2 week trial end of April/May 2016.
  • Acting for third party architect in complex professional negligence action arising out of façade retention scheme for old hospital.
  • Acting for developer in defence of £3m claim by bank for development loan.
  • Advising property owner on wind farm development potential for land.
  • Advising claimant in ‘failure to prosecute under Article 3’ action against Police Scotland.
  • Prosecution of complex mortgage fraud.
  • Advising major plc on construction of financing contract.
  • Advising commercial tenant on appeal in claim against landlord for dilapidations.
  • Advising house purchasers on Legal Expenses insurance cover for potential negligence claim against solicitors.

Human rights and rule of law work for UN/OSCE in Kosovo and Occupied Territories.

‘Very approachable; he puts clients and solicitors at ease’
Legal 500 2018 (Commercial)

‘A concise communicator, who unpicks complex scenarios.
Legal 500 2017 (Commercial)

Practice Areas

Appointments & Memberships

  • FCIArb (2015)
  • Silk (Scotland) (2012)
  • Called (Scottish Bar) (1997)
  • Called (Gray's Inn) (1993)
  • Solicitor (England & Wales) (1988)

Education

  • LLM, London (1989)
  • MA, Oxon (1984)

Publications & Speaking

Regular contributor to Business Law Bulletin on commercial cases: recent articles include:

  • Consideration, anti-oral variations clauses and ‘collateral unilateral contracts’; MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2017] Q.B. 604
  • Financial references, negligent misstatement and duty of care: Playboy Club London Ltd v Banca Nationale del Lavoro SpA [2016] 2 BCLC 442
  • Interest Rate Swaps and implied terms: Flex-E-Vouchers Ltd v The Royal Bank of Scotland plc [2016] EWHC 2604 (QB)

Presented seminars on:

  • International commercial arbitration to North East In-House Lawyers Group in Aberdeen.
  • Remoteness of damages in commercial contracts to Law Society of Scotland ‘Update’ Conference and to Scottish Branch of Chartered Institute of Chartered Arbitrators.

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