Pensions, Commercial Professional Negligence, Commercial, Banking and Financial Services, International Arbitration

Barrister specialising in Pensions, Commercial Professional Negligence, Commercial, Banking and Financial Services, International Arbitration.

Called to the Bar 1985 ; appointed King’s Counsel 2003.

Andrew Spink KC is a highly respected advocate with 38 years’ experience at the Bar, of which 20 years have been as a successful KC. He is a part-time judge sitting as a Deputy High Court Judge in the King’s Bench and Chancery Divisions of the English High Court and as a Justice of the Astana International Financial Centre in Kazakhstan (where he is also a member of the panel of arbitrators). Andrew served as the Chair of the Commercial Bar Association from 2017 to 2019.

Andrew has a broad-based business law practice, specialising particularly in disputes relating to the interpretation or breach of most types of commercial contract and trust deed, claims for breach of fiduciary duty, freezing injunctions and asset recovery, cross-jurisdictional issues, CPR Part 8 claims as well as hostile CPR Part 7 claims for damages and other relief in the context of pensions and other commercial trusts, banking and financial services, a wide range of other commercial contracts and contractual issues (including cases of force majeure and frustration arising out of the Covid-19 pandemic and cases involving crypto-assets and associated worldwide freezing orders), professional negligence claims (acting for both claimants and defendants) and company law and insolvency issues.

As well as appearing as a leading advocate, he is highly sought after for the provision of expert technical and strategic advice to clients, both in relation to complex commercial civil disputes and in non-contentious situations (corporate mergers or takeovers; in relation to the many issues arising in the administration of large occupational pension schemes, including dealing with the UK Pensions Regulator; advising on pensions issues in the area of corporate insolvency; advising on issues of contractual interpretation in day-to-day commercial business life and on company law issues).

Additionally, Andrew is experienced in cases involving all forms of alternative dispute resolution, including arbitration together with regulatory cases in front of the Determinations Panel of the Pensions Regulator and the Upper Tribunal (Tax and Chancery Chamber). He has also represented parties in countless mediations over the years in all areas of his practice, acting for both claimants and defendants, most recently in a number of professional negligence claims arising in the pension scheme context – involving allegations of negligence against actuaries, investment advisers and lawyers.

Andrew’s clients include individuals, partnerships, companies (including financial institutions), pension scheme trustees / employers / members, Government departments, International Financial Centres, and participants in multiparty group actions.

In the international context, Andrew is a registered advocate at the Dubai International Financial Centre (“DIFC”) Court. He has expertise in various aspects of DIFC law, both in terms of the application of existing DIFC Law to ongoing disputes but also having led the team of Outer Temple Chambers barristers which in 2016-17 provided the DIFC Authority with advice on how to amend its existing Companies Law, leading to the enactment of Companies Law DIFC Law No.5 of 2018. In 2019-20 Andrew led another OTC team which advised the DIFC Authority on the appropriate legal structure for, and then undertook the drafting of some of the key framework documents necessary to implement, the DIFC Employee Workplace Savings Plan, a groundbreaking trust-based end-of-service benefit arrangement design to align the DIFC workforce with global retirement savings standards.

Andrew continues to provide strategic legal advice to the DIFC Authority on a number of current issues. In particular he is leading a team of barristers from Outer Temple Chambers and solicitors from an international law firm advising the Authority on potential law and regulatory reforms required to promote the progression of the DIFC’s “Future of Finance” project in the digital asset (including cryptocurrency), smart contract, open banking and open finance sectors.

Andrew is ranked in Band 1 for Pensions in Chambers UK, which notes that he is ��one of the most experienced pensions silks at the Bar. He’s user-friendly, hugely knowledgeable, pragmatic and commercial” and in Tier 1 for Pensions in Legal 500 which notes that he is “brilliantly attuned to the commercial environment in which he advises, and provides advice and strategies that are tailor made to addressing the client’s needs“ and “probably the best advocate at the pensions bar.” Andrew is also listed as a leading silk for Professional Negligence and Commercial Litigation in Legal 500, where he described as having “tremendous presence, and impeccable judgement, whilst being user-friendly and commercial in his outlook. He is a rare breed and a first-class advocate.”

Over the years, Andrew has been variously described in the legal directories as “always find[ing] the right argument, and the right way to deliver it, he also knows when to step in and fits in very well to a client team”, “terrifyingly good in court”, “highly valued”, “seriously good”, “reliable, commercial and pragmatic” and “very personable and down to earth.” “[He is] Terrifyingly good and incisive” and “He has a very good client manner; he puts clients at ease and always seems in control.” The Legal 500 adds that he is “definitely someone you want on your side…he has extensive expertise and is a real pleasure to work with.”

French

Legal consultant at the New York State Bar. Chair of the Commercial Bar Association (COMBAR) (2017-2019) having previously served as COMBAR’s Vice Chair as well as Chair of its International Committee, which is responsible for coordinating the Association’s activities in all non-UK jurisdictions. Registered advocate at the Dubai International Financial Centre. Deputy High Court Judge in both the Chancery and Queen’s Bench Divisions and has been a Civil Recorder since 2005. Justice at the Astana International Financial Centre Court in Kazakhstan together with Lord Woolf (Chief Justice), Sir Robin Jacob, Sir Rupert Jackson, Sir Jack Beatson, Sir Stephen Richards and Lord Faulks KC. Bencher of the Middle Temple. Joint head of Outer Temple Chambers and Head of the Business Department from 2012 to 2021.

Queens’ College, Cambridge (MA Natural Sciences and Law).