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Andrew Denny

Partner

Andrew heads the UK Public Law Group and was instrumental in founding the firms global Business and Human Rights Practice.

Andrew is an experienced litigator specialising in financial and commercial litigation, ESG litigation and public and administrative law, and has a wealth of experience in representing clients in high-stakes disputes before the UK's highest courts. He routinely handles cross-border disputes, including jurisdiction challenges, anti-suit injunctions and parallel claims in different jurisdictions.

Andrew has particular expertise advising on disputes relating to complex structured financial products, such as derivatives and inter-creditor agreements, and has a leading practice acting for corporate trustees and agent banks.

He advises clients from a range of sectors on litigation risks relating to ESG issues, notably climate change litigation risk including greenwashing issues, and acts for clients in defending claims in the UK courts in relation to alleged human rights and environmental impacts in other jurisdictions. He is committed to pro-bono work and has acted for non-governmental organisations in relation to human rights challenges against the UK government.

Expertise

Industries

Experience

Representative matters

  • Four banks in the successful defence against misrepresentation claims brought by Marme Inversiones regarding the EURIBOR benchmark, seeking to rescind interest rate swaps or recover damages in excess of EUR996 million.
  • A syndicate of lenders in relation to the leading case in the English courts dealing with the fallout from LIBOR, obtaining a successful judgment confirming that our clients are entitled to recover amounts outstanding under a USD150 million term loan.
  • A multinational corporation headquartered in London facing multiple human rights-related transnational tort claims before the English courts, including allegations of failure to carry out due diligence under the UN Guiding Principles on Business and Human Rights (UNGPs).
  • The preferred bidders in the GBP2.3bn acquisition of the Green Investment Bank from the UK Government, in successfully opposing judicial review proceedings brought by an unsuccessful tenderer.
  • The Delegate under a USD700m sukuk transaction in successfully defending a claim in the English courts by Dana Gas seeking to invalidate the transaction on the basis that it was allegedly not compliant with sharia law.
  • A development finance institution in relation to threatened litigation relating to a major investment in an African jurisdiction, alleging insufficient due diligence under the UNGPs and a failure to take into account allegations of human rights abuses in that jurisdiction.

Pro bono

  • Bail for Immigration Detainees (BID) in pro bono interventions in several Supreme Court cases involving issues of access to justice and the availability of adequate remedies for immigrants in detention, including in an appeal against the UK Government’s “deport first, appeal later” policy, which resulted in judgment which significantly undermined that policy.
  • The AIRE Centre, a specialist charity which assists marginalised individuals and those in vulnerable circumstances, in intervening in a Supreme Court case regarding the application of the Refugee Convention and the UK government’s responsibilities in connection with refugee families living on the Sovereign Base Areas in Cyprus.
  • The family of Harry Dunn in relation to the coroner’s inquest concerning his death in the U.K. in a road traffic collision involving a U.S. citizen, who was driving on the wrong side of the road, as well as the appeal of a judgment in judicial review proceedings relating to diplomatic immunity of the driver.

Published Work

  • Andrew has written articles on public law issues for publications such as Judicial Review

Leadership Positions And Professional Affiliations

  • Associate Member, Administrative Law Bar Association
  • Member, Solicitors' Association of Higher Court Advocates

Recognition

Andrew is a super smart lawyer who is always strategic in approach
Chambers UK 2024
He has a first-class legal mind and an acute appreciation of the interaction between legal argument and the client's commercial needs
Legal 500 2024

Awards

  • Ranked in Band 1 for Banking Litigation – Chambers UK 2024
  • ‘Hall of Fame’ for Banking Litigation – Legal 500 UK 2024
  • ‘Leading Individual’ for Administrative and Public Law – Legal 500 UK 2024

Qualifications

Admissions

Admitted as barrister and solicitor, New Zealand, 1995

Admitted as solicitor, England and Wales, 2000

Academic

BA, Economics, The University of Auckland, 1994

LLB Hons, The University of Auckland, 1994

LLM, University of Cambridge, 1999

Languages

English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.