Andrew Preston
Partner
Andrew acts for a wide range of international banks, corporates and trade houses on all types of commercial litigation disputes. Andrew specialises in general commercial litigation, shipping and trading disputes. Over twenty-five years, he has acted for a large number of corporates, oil majors, shipowners, insurers, charterers, operators, suppliers and cargo interests and their insurers both nationally and internationally. He has litigated in every level of Court up to the Supreme Court.
Throughout his career he has applied his skills to find commercial solutions for clients. Andrew has been rated by the directories as one of the leading shipping lawyers for many years acting for a wide range of shipowners, trading houses, charterers and their insurers. One client in the Directories said "Probably the best lawyer for head on the block advice. Andrew Preston exercises sound judgment as a gift simplifying even the most complex problems".
Andrew is recognised as one of the leading lawyers in the world at liabilities arising out of bunker/fuel supply disputes. He has acted on hundreds of off spec bunker claims dealing with all seismic global events including Houston problems, recent Singapore issues, IMO 2020 and ARA problems.
Andrew sits as an LCIA Arbitrator and is an author of a number of various chapters of leading textbooks.
Experience - Commercial Litigation
English Electric Company –v- Alstom UK and on appeal [2016] (the Oliver litigation) and English Electric Company Limited –v- Alstom UK [2017] (the Critchley litigation). These cases developed the law on liabilities and indemnities under commercial contracts for personal injury liabilities.
FCMB –v- Zumax . This Court of Appeal decision established principles on trust relationships in banking and the extent of Quistclose trusts.
Access Bank –v- Capitol Oil . The series of linked interlocutory and final hearings established principles on freezing orders, search and seizure orders and contempt proceedings.
Experience - Shipping
In addition to hundreds of arbitrations involving all aspects of shipping including hire disputes, withdrawal, repudiation, bunker issues, mis delivery claims, title to sue and all aspects of Bills of Lading disputes; notable reported cases include:
Unicredit v Euronav Shipping NV – Court of Appeal decision on the law surrounding mis delivery of cargoes under Bills of Lading. Successfully defended Owners following mis delivery of cargo without production of Bills and established new law on the need for a causation analysis as part of any claim following mis delivery.
Carmichael Rail Network Pte LTD v BBC Chartering Carriers GMBH &Co KG – Successful enforcement of a Carrier’s law and arbitration clause to defeat Australian proceedings involving anti suit injunctions and litigation up to the highest court in Australia.
Euronav Shipping NV v Black Swan DMCC – Proceedings involving anti – anti suit injunctions restraining Malaysian proceedings – Iranian sanctions- cancellation of contracts – confiscation of cargoes.
Osmium Shipping Corporation –v- Cargill International SA – one of the leading cases on piracy, payments of hire following hijack and the impact of conwartime clauses on charterparty obligations.
Enviroco Limited –v- Farstad Supply A/S – a Supreme Court case on construction of charterparty terms and obligations and defences.
Datec Electronic Holdings –v- UPS – Supreme Court decision on applicability of package limits, the CMR Convention and wilful default.
Mayban –v- Alstom – Marine Insurance - Commercial Court decision on cargo exclusions relating to inherent vice.