Barrister Profile

Andrew Burns

Year of Call 1993

Profile

Principal Areas of Practice are Commercial and Common Law; Insurance and Reinsurance; Employment and Discrimination; Professional Negligence.

Andrew is a well-known leading commercial junior, particularly in area of disability discrimination, confidentiality and restrictive covenant injunctions, industrial action and trade union recognition and insurance coverage disputes.  He acts for major insurers, employers and unions in the High Court and in Employment Tribunals as well as on appeal, in mediations and arbitrations.

Recommendations

Employment, Chambers UK and Legal 500, 2003-2009

"impresses clients by quickly getting to grips with the facts of a case. He has seen an increase in High Court restrictive covenant and confidentiality injunctions in recent times, and is also something of an expert on disability discrimination. Observers praise him as a thorough, efficient and firm 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"

"carving a niche for himself in disability discrimination, advising high-level clients on their contracts and procedures ..."

"a measured and intelligent advocate"

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

Insurance and Reinsurance, Legal 500, 2006

"Colin Edelman's work is characterised by 'all-round brilliance' and he heads a dedicated insurance team that also includes ... Andrew Burns."

Appointments

Recorder of the Crown Court (2009-)

Member of the Bar Standards Board Complaints Committee (2008-)
Member of the Middle Temple Education Committee (2008-)

Head of Pupillage Committee (2007-)
Pupil Supervisor (2003-)

Recent/Current Work

British Airways Cabin Crew Litigation - Malone & Ors v British Airways Plc [2010] EWHC 302 (QB), [2010] All ER (D) 220.  Andrew has acted for British Airways led by Bruce Carr QC in the high profile contractual dispute arising out of changes to crewing levels on the airline.  BA succeeded in the interim injunction hearing in 2009 and at the speedy trial in February 2010.

Horwood v Argos & Ors (2010, Comm Crt) - Andrew was led by Colin Edelman QC for Zurich in the insurance coverage dispute arising out of the 'Toxic Sofas' group litigation order.  Judgment from Teare J is awaited.

EDF Energy Powerlink v RMT [2010] IRLR 114 - Andrew acted for EDF in 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.  The RMT were refused permission to appeal by the Court of Appeal.

Andrew has recently advised a major supermarket plc about legal steps to combat threatened industrial action, has appeared for British Sugar in a claim about whether its casual workers may claim unfair dismissal or redundancy payments and is acting 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 (2009, EAT) concerning Union recognition and TUPE.

Employers Liability Policy Trigger Litigation [2009] Lloyd's Rep. IR 295 - Andrew acted for the Claimant Mrs Edwards in one of the lead cases in the Court of Appeal.  This followed Burton J finding for  the Claimants after a 9 week trial of test claims about the coverage of Employers' Liability insurance policies in respect of damages for mesothelioima victims. Andrew was led by Colin Wynter QC.

Bedfordshire Police Authority v Constable (Syndicate 386) [2009] Lloyd's Rep IR 607- coverage of public liability insurance for compensation under the Riot (Damages) Act 1886 (led by Colin Edelman QC) in the Court of Appeal.

World Fuel Services v Aegean Marine Petroleum (2008) in which Blair J granted a springboard injunction against a marine fuel company based on a breach of confidence.  Andrew has been busy with a number of substantial freezing and restrictive covenant injunctions in the High Court, acting both for major businesses and for individuals.  Andrew was led by Andrew Hochhauser QC.

Staples v E A Gibson Shipbrokers Ltd [2008] All ER (D) 185, EAT - where individually adjustments would not have allowed a disabled employee off work to return (preventing dismissal), the employer had a DDA duty to implement a reasonable combination of adjustments.

MJ Harrington v Axa Oyak Sigorta [2007] Lloyd's Rep. IR 60, Aikens J - reinsurance conditions precedent and warranties, waiver and estoppel - acting for reinsurers in a Turkish banking fraud claim.

Tektrol v. International Ins Co of Hanover [2005] 2 Lloyds Rep 701, CA and [2005] Lloyds Rep IR 358, QBD - Appeal authority on construction of exclusion clauses in property insurance policies.

Aggregation in insurance claims - Countrywide v. Marshall [2003] Lloyd's Rep IR 195, QBD and late notification - Jacobs v. Coster [2000] Lloyd's Rep IR 506, CA.

Advising 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.  Acting for insurers on various professional negligence claims against insurance brokers, surveyors, valuers and financial advisers.

Obtaining and retaining a High Court freezing injunction involving security for costs, fortification and non-disclosure issues. Advising and acting on restrictive covenant and confidentiality injunctions. Defending major UK business in wrongful dismissal and contractual benefits claim in the High Court.

He speaks regularly at seminars and conferences and writes for legal publications, including the New Law Journal.  He recently appeared on the Law Channel speaking about Insurance and Discrimination and on Lexis Webinars on Commercial and Employment topics.

Other Significant Cases

  • Countrywide v Marshall [2003] Lloyd's Rep IR 195, QBD - aggregation of insurance claims.
  • GMB v Amicus & Others [2003] ICR 1396, EAT - Trade union redundancy consultation
  • Wolstenholme v Post Office [2003] ICR 546, EAT - definition of worker.
  • Bennett v L. B. of Southwark [2002] ICR 881, IRLR 407, CA - bias.
  • Medivance Instruments v Gaslane Pipework Services [2002] EWCA Civ 500, CA, [2001] All ER (D) 237 - Application of British Standards in sale and supply of goods cases.
  • Jones v Post Office [2001] IRLR 384,CA; [2000] ICR 388, EAT - Disability justification.
  • Ekpe v Metropolitan Police Commissioner [2001] IRLR 605, EAT - Definition of disability
  • Jacobs v Coster [2000] Lloyd's Rep IR 506, CA - late notification of insurance claims.
  • 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.
  • Anson v Trump [1998] 1 WLR 1404; [1998] 3 All ER 331, CA - service by fax.
  • 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

Professional Membership

British Insurance Law Association
COMBAR, LCLCBA, ELA, ELBA