Barrister Profile

Andrew Burns

Year of Call 1993

Profile

Andrew is a recognised leading commercial junior, particularly in area of industrial action, confidentiality and restrictive covenant injunctions, insurance coverage disputes, disability discrimination, trade union recognition and commercial contract 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.  He is also registered as an advocate of the Dubai International Financial Centre Courts.

Recommendations

Andrew is recommended as a Leading Junior in both Employment and Insurance.

Recent editions of Chambers UK and Legal 500 have said:

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

"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"

"a measured and intelligent advocate"

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

"They also favour leading junior Andrew Burns, who is fast developing a sterling commercial employment practice."

"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."

"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

Advocate, DIFC Courts, Dubai

Member of the Bar Standards Board Complaints Committee

Member of the Middle Temple Education Committee

Head of Pupillage Committee

Pupil Supervisor

Recent/Current Work

Andrew has been advising insurers 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.

ASLEF v London Midland and RMT v Serco Ltd [2011] EWCA Civ  226, [2011] ICR 848.  Andrew acted for the employers in what is 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, but gave permission to appeal to the Supreme Court.

Andrew has been advising 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.

Aviva Insurance v Brown [2011] EWHC 362 (QB), (2011) ILM 2309 4.  Eder J examined fraudulent means or devices and the definition of dishonesty in this insurance fraud trial.  Andrew acted for the insured in this property insurance claim against Graham Eklund QC.

S v N and J v F - 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.

British Airways Cabin Crew Litigation - Malone & Ors v British Airways Plc [2011] ICR 125.  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, at the speedy trial in February 2010 and in the Court of Appeal.  Andrew has since acted for BA on a large number of related matters arising out of the industrial action.

Horwood v Argos & Ors [2010] Lloyd's Rep IR 453 - Andrew was led by Colin Edelman QC for Zurich in the insurance coverage dispute arising out of the 'Toxic Sofas' group litigation order.

BT National Strike - Andrew 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.

Employers Liability Policy Trigger Litigation [2011] Lloyd's Rep IR 1 and [2009] Lloyd's Rep. IR 295 - Andrew acts for the Claimant Mrs Edwards in one of the lead cases in the Supreme Court.  The test cases are about the coverage of Employers' Liability insurance policies in respect of damages for mesothelioima victims. Andrew is led by Colin Wynter QC.

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.

Andrew has recently acted for various NHS Trusts in discrimination and whistleblowing claims.  He has acted for Barclays Bank in high value employment tribunal claims and for patent attorneys in an injunction claim.  He has 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 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 (2009, EAT) concerning Union recognition and TUPE.

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, Employment Lawyers Association, ELBA, ELS

Books

The Law of Reinsurance (the 2nd edition is forthcoming in 2012 written with Colin Edelman QC)
Discrimination Law (Bloomsbury)

Also forthcoming:

Injunctions by Sir David Bean (Andrew will be a contributer to the 11th edition, 2012).