Andrew Rigney KC
Andrew Rigney KC has an extensive domestic and international practice, which encompasses a wide range of civil and commercial work. He specialises in large-scale disputes arising out of very substantial projects involving complex factual and technical evidence, leading large multi-disciplinary (and often multi-national) teams of lawyers and experts.
Andrew’s areas of expertise include (i) construction and engineering disputes (both in the TCC and in domestic and international arbitration) including, amongst other things, large infrastructure projects, ports, shipbuilding, a number of international airports, the de-commissioning of a nuclear power station, a naval base, a co-location headquarters for the Ministry of Defence, hotels, roads, rail, process plants, water treatment plants, de-salination plants, sewerage plants, (ii) energy and natural resources (both onshore and offshore) including waste energy plants, CHP and the largest renewables plant of its kind in the world (iii) international arbitration (iv) insurance and reinsurance (v) professional indemnity work (in particular engineers, architects, surveyors, solicitors and accountants) (vi) property damage and (vii) commercial litigation including sale of goods, financial instruments, aviation leasing agreements and product liability.
He is familiar with a wide range of standard forms (including JCT, ICE, NEC, FIDIC, IChemE, PPC, TPC, ACE, RIBA etc) and PFI contracts, and a wide range of arbitral rules (ICC, LCIA, UNCITRAL, EDF and LMAA etc); and he has acted in relation to claims concerning projects in the United States, the Caribbean, Russia, Central and Eastern Europe, the Indian sub-continent, Africa, Turkey, Hong Kong and the Middle East (including the UAE, Qatar, Kuwait, Oman and Saudi Arabia) as well as in the United Kingdom.
So far as coverage work is concerned, he has wide experience of disputes involving CAR/EAR policies (including, in particular, the operation of DE and LEG clauses (and clauses based on them)) and Public Liability, Product Liability and Employers’ Liability policies (including Business Interruption); and he has acted in relation to some of the largest domestic and international losses. He has advised in relation to the effect of COVID-19 in the context of a number of worldwide Business Interruption and Material Damage wordings, and was instructed by Zurich in the FCA coronavirus test case (FCA v Arch et al), a landmark insurance claim to determine whether certain non-damage BI wordings provide cover in relation to the COVID-19 pandemic. The first instance judgment of Flaux LJ and Butcher J is at [2020] EWHC 2448 (Comm) and [2020] Lloyds Rep IR 527, and the judgment of the Supreme Court is at [2021] UKSC 1.
Andrew also has substantial experience of conflicts of laws and jurisdictional challenges (including cases involving the Brussels Regulation and Rome Regulations), and of civil law systems in the Middle East, including issues of Egyptian, UAE, Qatari, Kuwaiti, Saudi and Omani law.