possesses the ability to cut away the smoke and mirrors... in a precise and methodical fashion
Chambers UK

Andrew Burns
Year of Call 1993

Andrew is a recognised leading commercial junior, particularly in industrial action injunctions, confidentiality and restrictive covenant litigation, insurance coverage disputes, employers' liability insurance, TUPE, disability discrimination, trade union recognition and commercial contract disputes. He has featured in some of the leading appellate cases in insurance law and trade disputes in recent years including Durham v BAI (Run Off) Ltd (the Employers' Liability Policy Trigger Litigation)Malone & Ors v British Airways Plc  (the BA cabin crew litigation) and ASLEF v London Midland, RMT v Serco (one of the leading authorities on strike injunctions).  He has recently been shortlisted for the Chambers 100 - the Bar, an attempt to rank the top barristers in the UK.

Andrew has acted in relation to industrial action threatened over bonuses sought for working during the London 2012 Olympic Games including for the London Bus companies and South West Trains. He has been involved in cases of wildcat action, picketing and transport blockades and acted for Citylink in its steps to prevent a national strike called by the RMT in 2013.  He has worked on two major collective claims in 2012 as well as a number of insurance, reinsurance and broker negligence disputes. He advised on insurance claims arising out of the riots of Summer 2011 in relation to recovery of compensation under the Riot (Damages) Act 1886. He appeared in Allen v TRW Systems [2013] IRLR 699 on incorporation of a redundancy payment policy into contracts of employment, which has been recently heard in the Court of Appeal.

He acts for major insurers, financial institutions and some of the largest employers in the public and private sectors.  He frequently appears in the High Court, Employment Tribunals and the CAC as well as on appeal, in mediations and arbitrations. He has acted for British Airways on a range of disputes arising from the cabin crew industrial action including incorporation of employment contracts, trade union detriment claims, pay claims and direct and indirect discrimination claims.  He acts for individuals in large employment or insurance claims and unions, mainly in relation to CAC recognition disputes. Recent months have seen Andrew acting in a range of injunction work as well commercial disputes in the Commercial Court.  He has appeared as an advocate of the Dubai International Financial Centre Courts and appeared in the DIFC Court of Appeal in 2013 before Deputy Chief Justice Sir John Chadwick in Wheatley v Simmons & Co International CA-001-2013.

Andrew is an editor of Discrimination Law (Bloomsbury Professional) and is a co-author of the new edition of Bean on Injunctions (11th Ed. 2012).  He also is a co-author of Law of Reinsurance with Colin Edelman QC (2nd Ed. 2013)

In November 2013, Andrew spoke at the Insuralex Global Insurance Lawyers Group Conference in Bermuda. The topics were "the Insurability of Fines and Penalities" and "Aggregation in the Reinsurance Context". The details may be viewed here.

His notable reported cases include:

  • RECOMMENDATIONS

    Andrew is recommended as a Leading Junior in both employment and insurance.  He has recently been shortlisted for the Chambers 100 - the Bar.

    Recent editions of Chambers & Partners UK and Legal 500 have said:

    Insurance

    Wins acclaim for his broad insurance practice and is enjoying a swiftly growing profile. He is described as "an excellent junior who will go far". "He provides unfussy, concise advice and always gives a firm opinion in a no-nonsense manner. He is an absoltue pleasure to deal with, as he does not stand on ceremony and is highly personable."

    His instructing solicitors greatly appreciate his "collaborative style of working and his calm manner."

    "Blessed with "crisp and concise writing skills," Andrew Burns is considered "extremely confident and a friendly face on any case." He has lately been advising victims in the EL Trigger litigation."

    "Well-respected junior Andrew Burns acted on the claimant side in the EL Trigger litigation. He has also recently appeared in the case of Bedfordshire Police v Constable, and handled insurance aspects of the high-profile 'toxic sofas' group litigation."

    "a sterling commercial employment practice."

    Employment

    The "approachable" and "charming" Andrew Burns is commended for his "hard-working," "enthusiastic" and "knowledgeable" manner.

    "increasingly popular for industrial relations issues. Burns is extremely quick to get to the heart of difficult issues, and his enthusiasm and positive nature make him "a key asset to any team."

    “Super diligent, sensibly bullish and an absolute pleasure to deal with, he has attracted big-name clients such as British Airways and Royal Mail."

    "a measured and intelligent advocate"

    "possesses the ability to cut away the smoke and mirrors... in a precise and methodical fashion.  An impressive practice in disability, race and sex discrimination"

    "exceptionally able ...  ability to quickly get to grips with complex matters"

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  • Commercial Litigation

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    Andrew has wide experience in commercial litigation in the High Court and County Court as well as internationally - principally in the DIFC Courts - and arbitration .  His main expertise arises out of insurance and insurance related litigation, but he has also advised in telecommunications and energy claims, as well as business disputes and commercial contract claims.  He is advising on the construction fo a substantial financial agency aagreement.  He has recently been advising about claims under the Riot (Damages) Act 1886 in respect of the 2011 riots in London and other cities, drawing on his involvement in the Court of Appeal in Bedfordshire Police Authority v Constable (Syndicate 386) [2009] Lloyd's Rep IR 607. He was invited to talk to senior claims managers on the topic at the Post Claims Club quarterly meeting.

    Andrew acted for the Claimant Mrs Edwards in one of the lead cases in the Supreme Court in Employers' Liability Policy Trigger Litigation [2012] 1 WLR 867 and took a leading role in the contractual construction arguments advanced before teh Supreme Court Justices.  The test cases were about the coverage of Employers' Liability insurance policies in respect of damages for mesothelioima victims. Andrew was led by Colin Wynter QC.  Andrew acted for the insured in a property insurance claim against Graham Eklund QC - Aviva Insurance v Brown [2012] Lloyd's Rep IR 211.  Eder J examined fraudulent means or devices and the definition of dishonesty in this insurance fraud trial. 

    Andrew was led by Colin Edelman QC for Zurich in Horwood v Argos & Ors [2010] Lloyd's Rep IR 453, the insurance coverage dispute arising out of the 'Toxic Sofas' group litigation order.  He advised a large organisation on coverage of excess layer insurance policy in relation to a multi-million pound liability for accidental damage arising out of its business.

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  • Insurance & Reinsurance

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    Andrew acts for a range of insurers in coverage disputes and policy interpretation points.  His insurance practice is strong and he acts for well-known city insurance firms. He is an editor of The Law of Reinsurance with Colin Edelman QC.  Andrew represented successful insureds and their families in the Supreme Court in Employers' Liability Policy Trigger Litigation [2012] 1 WLR 867, [2012] ICR 574, [2012] Lloyd's Rep. IR 371 about the coverage of Employers' Liability insurance policies in respect of damages for mesothelioima victims.  Andrew also acted for the insured in an insurance fraud case with has been the subject of much comment - Aviva Insurance v Brown [2012] Lloyd's Rep IR 211.   

    In Horwood v Argos & Ors [2010] Lloyd's Rep IR 453, Andrew acted for Zurich in the insurance coverage dispute arising out of the 'Toxic Sofas' group litigation order.  He has acted for a UK insurer in a brokers' D&O claim and for a leading US professional indemnity insurer on a coverage claim in the Commercial Court.  He advised a large organisation on coverage of excess layer insurance policy in relation to a multi-million pound liability for accidental damage arising out of its business.

    Andrew appeared in MJ Harrington v Axa Oyak Sigorta [2007] Lloyd's Rep. IR 60 and in Tektrol v. International Ins Co of Hanover [2005] 2 Lloyds Rep 701, CA an appeal on the construction of exclusion clauses in property insurance policies.  He also appeared in Countrywide v. Marshall [2003] Lloyd's Rep IR 195 on aggregation in insurance claims and in Jacobs v. Coster [2000] Lloyd's Rep IR 506, CA an authority on late notification.

    Andrew has experience in advising insurers and claimants about claims under the Riot (Damages) Act 1886 in respect of the 2011 riots in London and other cities, as he was in Bedfordshire Police Authority v Constable (Syndicate 386) [2009] Lloyd's Rep IR 607. He talked to senior claims managers on the topic at the Post Claims Club quarterly meeting.

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  • General Commercial Disputes

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    In addition to general commercial litigation in the High Court and County Court, Andrew has experience of ADR, in particular mediation, in a wide range of commercial disputes. He has acted for a range of insurers and for many commercial city solicitors. He specialises in contractual construction particularly of commercial documents, but advises on a wide range of national and international disputes, often arising out of the insurance sector or in connection with professional negligence.

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  • Employment

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    Andrew is one of the leading employment juniors in London.  He has recently appeared in some of the highest profile cases - for British Airways in the cabin crew litigation, for the train operators in the leading Court of Appeal authority on strike ballot requirements - RMT v Serco and for BT in preventing its first national strike in 25 years.  He appeared in Allen v TRW Systems [2013] IRLR 699  on incorporation of a redundancy payment policy into contracts of employment which has just been heard in the Court of Appeal.

    He is now one of the ‘go-to’ juniors for Industrial Action litigation with cases for the London Bus companies and South West Trains over the pre-Olympic strikes and he has advised on the threatened NHS and tanker driver strikes.  He has recently been involved in secondary action and unlawful picketing disputes, including preventing national strike action by the RMT at Citylink.

    This complements his busy injunction practice in relation to restrictive covenants and confidentiality claims together with work on freezing injunctions and search orders. Andrew acts and advises on team moves and post-termination restrictions including for a leading engineering firm in the north-west and a major financial adviser.  Andrew has become a co-author with Mr Justice Bean of Bean on Injunctions for its 11th edition - one of the leading texts on the subject.

    Andrew has continued to be busy for British Airways including appearing in the group race discrimination (Russo v British Airways [2012] EqLR 987) and pay claims (Usher v BA) brought by various groups of cabin crew as well as acting in trade union detriment claims and in the claims arising from the takeover of BMI. He has also acted for other airlines and ground handling companies including collective TUPE and redundancy actions arising from Gatwick, Liverpool and Glasgow airports in claims brought by group claimants or unions.

    He is instructed by a wide range of the best employment firms in London and nationally as well as having a substantial commercial practice. Andrew has long been recognised expert on disability discrimination having appeared in the seminal case on the DDA 1995: Jones v Post Office. He has acted over the last year in TUPE consultation multiples, difficult multi-day discrimination cases for the NHS, banks and for city solicitors.  He also acts for claimants - and on behalf of a solicitor claimant against a 'magic circle' firm and in the widely reported Sitz v Oppenheimer claim - for the successful female trader against a merchant bank. He has been recommended by both Chambers UK and Legal 500 as a top employment barrister for many years.

    Significant reported Employment Cases include:

    • Allen v TRW Systems [2013] IRLR 699
    • Russo v British Airways [2012] Eq LR 987 - indirect race discrimination
    • ASLEF v London Midland and RMT v Serco Ltd [2011] ICR 848 - strike ballots
    • Malone & Ors v British Airways Plc [2011] ICR 125 - incorporation of collective agreements
    • EDF Energy Powerlink v RMT [2010] IRLR 114 - strike ballot requirements
    • GMB v Amicus & Others [2003] ICR 1396 - collective consultation
    • Wolstenholme v Post Office [2003] ICR 546 - definition of worker
    • Bennett v L. B. of Southwark [2002] ICR 881, IRLR 407, CA - tribunal bias test
    • Ekpe v Metropolitan Police Commissioner [2001] IRLR 605, EAT - definition of disability
    • Jones v Post Office [2001] IRLR 384,CA - disability justification
    • Robinson v Post Office [2000] IRLR 804, EAT – DDA discrimination time limits
    • Post Office v Howell [2000] IRLR 224, EAT - Jurisdiction of tribunal chairmen sitting alone
    • Wood v William Ball Ltd [1999] IRLR 773 EAT - Equal value procedure
    • Sheehan v Post Office Counters Ltd [1999] ICR 734, EAT - Definition of employee in the DDA.
    • Lancashire CC v Mason [1998] ICR 907, EAT - Application of DDA to schools
    • Carter v Reiner Moritz Associates Ltd [1997] ICR 881, EAT - Effect of settlement agreements
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  • Industrial Relations

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    Andrew has developed a prominent practice in industrial action and trade dispute litigation, appearing in some of the leading cases of the last few years and advising parties to some of the highest profile trade disputes in the UK. Andrew advised a range of public sector employers about the 2011 day of strike action.  He took part in the 2011 Laurence Stracey Debate at the V&A museum on Britain's strike laws.  He is also acting for some large employers in relation to a series of collective consultation claims.   He acted for BT in legal moves in response to a threatened 2010 national strike.  The threat of industrial action was withdrawn on the day of the ballot result.  In 2012 he acted for transport companies in legal actions against strikes called in support of an 'Olympic bonus' for transport workers, for a large utilities company facing industrial action, for two leading logistics and delivery companies facing protest and strike action, for a chain of  education academies, an airport ground handling company and a major high street name.

    Andrew appeared for the employers in ASLEF v London Midland and RMT v Serco Ltd [2011] ICR 848, one of the leading cases on industrial action law.  The Court of Appeal discharged the injunctions preventing strike action and held that the minor breaches of ballot notice provisions should not stop industrial action.  Elias LJ took the opportunity to review and restate the law on inaccurate ballot notices. The result of the case was reported by BBC News, the Financial Times, the London Evening Standard, the Press Association and the Daily Express

    Andrew has been counsel for British Airways in various claims arising from the high profile contractual dispute over changes to crewing levels on the airline: Malone & Ors v British Airways Plc [2011] ICR 125.  BA succeeded in the interim injunction hearing in 2009, at the speedy trial in February 2010 and in the Court of Appeal. The outcome of the case was reported widely including in The Lawyer, The Independent, the Wall Street Journal, BBC News, the Press Association, Bloomberg and Reuters.

    Andrew appeared in EDF Energy Powerlink v RMT [2010] IRLR 114 getting an injunction from Blake J against a threatened strike on the London Underground on the basis that the RMT union had failed to give proper categories in its ballot notice. Andrew was led by Timothy Brennan QC.

    Andrew acted for the employers in successfully defending interim relief claims by a senior union official of a rail union and an official of UNITE in S v N and J v F.  Andrew recently represented Safran in the Central Arbitration Committee in Morgan & King v Safran Group EWC/8/2013 under the TICE Regulations and advised a major retailer about a CAC claim.

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  • Restrictive Covenants & Injunctions

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    As well as appearing for British Airways in the injunction claim up to and including the Court of Appeal in Malone & Ors v British Airways Plc [2011] ICR 125, Andrew has acted for a variety of leading employers in relation to restrictive covenant disputes including team moves. He appeared in World Fuel Services v Aegean Marine Petroleum in which Blair J granted a springboard injunction against a marine fuel company based on a breach of confidence. Andrew was led by Andrew Hochhauser QC.

    Andrew has been busy with a number of substantial restrictive covenant injunctions in the High Court, acting both for major businesses and for individuals. He acted for leading patent attorneys in a confidentiality injunction claim. He has acted in obtaining and resisting High Court freezing injunctions involving disputes over security for costs, fortification and non-disclosure issues as well as a number of confidentiality injunctions.

    He speaks regularly at seminars and conferences and writes for legal publications on the topic of employment and commercial injunctions, including Lexis Nexis Webinars and for the New Law Journal.

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  • Dismissals & Employment Rights

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    Andrew is instructed by many of the largest employment law specialist firms and is recommended as one of the leading barristers in this field. He has recently acted for BT and Barclays Bank in high value employment tribunal claims as well as advising and representing a number of other international investment banks.

    He acts for airlines such as British Airways and United Airlines as well as other large airport businesses in tribunal and High Court Claims. He appeared in Allen v TRW Systems [2013] IRLR 699 on incorporation of a redundancy payment policy into contracts of employment (recently in the Court of Appeal) and Smith Medical v Ransom in the EAT.

    He has represented NHS Trusts in high value employment claims. He has appeared for British Sugar in a claim about whether its casual workers may claim unfair dismissal or redundancy payments and acted for Fujitsu in claims arising out of a TUPE transfer of part of its business to an overseas entity. Andrew appeared in Martello Professional Risks v Barnes concerning Union recognition and TUPE and Staples v E A Gibson Shipbrokers about adjustments under the DDA.

    In recent months Andrew has acted in tribunals and courts for a wide range of clients such as Transport for London, Wealth at Work, Commerzbank, Glastonbury Abbey, Servisair, Zenith Bank, Optimax and the Post Office.

     

     

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  • Equality

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    Andrew has a high profile equality practice and frequently writes and lectures on equality issues. Andrew has long been recognised as a leading expert in discrimination and was in some of the leading cases on the DDA 1995 including Jones v Post Office in the Court of Appeal and Ekpe v Comm of Metropolitan Police.

    He acted for acted for Barclays Bank in high value discrimination claims and various NHS Trusts in a number of high profile discrimination and whistleblowing claims.  He recently successfully acted for Zenith Bank in a race and religious discrimination claim which is pending in the EAT.  He appeared for  the claimant in Sitz v Oppenheimer Bank a much publicised sex discrimination and victimisation claim against a US finance firm and has a large religious discrimination claim against a US bank pending.

    Andrew has acted in complex indirect discrimination and equal pay claims for clients such as British Airways and has successfully defended BT in a senior employee age discrimination claim.  He has also recently advised upon and represented clients in large multiple fixed term worker claims.

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  • Professional Negligence

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    Andrew acts for a range of insurers on professional negligence claims against insurance brokers, surveyors, valuers and financial advisers. Andrew has acted for and against solicitors in solicitors’ negligence claims arising out of litigation and property transactions. He has been instructed on behalf of the BMIF to act for barristers (including a claim against a QC) accused, particularly in employment disputes. Andrew has acted for HCCI or its insureds in professional indemnity disputes arising out of claims against architects, designers and engineers.

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Appointments

Recorder of the Crown Court

Advocate, DIFC Courts, Dubai

Experienced Member of the Bar Standards Board Professional Conduct Committee

Member of the Middle Temple Education Committee

Pupil Supervisor and Head of the Chambers Pupillage Committee (2007-2012)

Memberships & Associations

BILA, COMBAR, LCLCBA, ELA, ELBA

Academic

MA (Downing College, Cambridge)