Andrew Bowen KC (Scot)

Call 1997 | Silk 2012 (Scotland)
Telephone 020 7831 0222 | Email [email protected]

Andrew Bowen KC (Scot)

Call 1997 | Silk 2012 (Scotland)
Telephone 020 7831 0222 | Email [email protected]

Andy read law at Keble College, Oxford (2:1) and took an LLM (1st) at London University specialising in commercial law.

He qualified as a solicitor (1989) and barrister (1993) in England and Wales before calling to the Scottish Bar in 1997, taking silk in 2012.

He became a Fellow of the Chartered Institute of Arbitrators in 2015.

He has an established practice which includes commercial and regulatory litigation and arbitration. His dual-qualification and international experience offers a relatively unique perspective on commercial and arbitration disputes.

Professional and Construction Negligence

Acting for claimant director/shareholder/company assignee in claim against solicitors for negligent advice on company re-structuring;
Acting for property developers in claim against solicitors for failure to complete contract for sale of land.
Advising solicitors’ partnership on professional negligence claim against estate agency subsidiary.
Acting for architects in Part 20 additional claim arising out of ‘façade retention’ redevelopment of former hospital.

Professional Regulation and Discipline

Prosecution/presentation and defence before regulatory bodies including the Police Appeals Tribunal (Scotland), Health and Care Professions Council and Architects Registration Board.

Commercial Arbitration (Domestic and International)

Advising Libyan facilities company on claim against multinational oil company for breach of contract under ICC arbitration.
Advising Libyan oil company on charterparty claim
Acting as arbitrator in domestic solicitors’ partnership dispute.
Arbitration under 1996 Act on breach of contract in performance of port electric lock gates.
Arbitration under Stockholm Chamber of Commerce Rules on pension obligations arising from SPA.
Arbitration under London Centre for International Arbitration on Turkish distribution agreement.
Arbitration in Scotland on dissolution of partnership.

Areas of Expertise

Business

Property

Construction and Engineering

Professional Negligence

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Qualifications

MA (Oxon) 1984; LLM (London) 1989;
Solicitor (England & Wales) 1988;
Called 1993 (Gray’s Inn);
Called 1997 (Scottish Bar);
Silk 2012 (Scotland);
FCIArb 2015.

Recent and Notable Cases

Chemcem Ltd v Beaton [2024] CSOH 41 Injunction action to prevent charge for payment based on share purchase agreement.
Ad hoc arbitration, IDRC, 2-5 February 2024; charter party and safe port obligation.
Lesley Currie v Susan Jane Blair, as Executor Nominate of the late John Currie [2022] CSIH 58 – claim against attorney for fraud.
Arbitration Appeal No. 4 of 2020 [2021] CSOH 14
ICC Arbitration 22-26 February 2021.
Loretto Housing Association Limited v Cruden Building & Renewals Limited, Cameron & Ross Limited & Others [2019] CSOH 78
CINE-UK Limited v Union Square Developments Limited [2019] CSOH 3
C.J.C. Media (Scotland) Limited v Kenneth Sinclair [2019] CSOH 8
Keystone Healthcare Ltd v Parr, Chancery Division District Registry (Manchester), [2017] EWHC 309 (Ch)
Hill v Stewart Milne Group Ltd 2016 SC 892 (appeal court review of costs of lower courts and indemnity costs).
Martifer UK Ltd v Lendlease [2016] CSOH 98 (two week trial of contractor’s claims for payment for iconic Glasgow Hydro concert venue)
Gilchrist v McClure Naismith LLP [2015] CSOH 134 (solicitors’ professional negligence).
Scottish Ministers v Mirza 2015 SC 334 (proceeds of crime).
Kilcoyne and Others v Sadiq [2014] CSIH 34 (Contract - Partnership).
McCann v Messrs Waddell & Macintosh Solicitors [2014] CSOH 15A (solicitors’ negligence).

Other - Writing and Speaking

Contributed section on liability in Scottish to Architect’s Legal Handbook (2021).
Regular contributor to Business Law Bulletin on commercial cases: recent articles include:
Commercial Joint Ventures and Fiduciary Duties
Director's Breach of Fiduciary Duty and Unfairly Prejudicial Conduct
Relational Contracts, an Implied Duty of Good Faith and Commercially Unacceptable Conduct
Post-employment Covenants, the Doctrine against Restraint of Trade and Severability
The ''Director's Creditors' Interest Duty'' and Dividend Payments
Legal Filters, 'Advice or Information' and Auditors Liability
The 'Reflective Loss' Principle and Legal Impossibility
Interest Rate Swaps and 'An Elastic, Factually Sensitive Duty'
Organs of the Company and Exclusive Jurisdiction
Directors as Financial Stewards and Conversion of Company Property

Presented seminars on:

International commercial arbitration to North East In-House Lawyers Group in Aberdeen.
Remoteness of damages in commercial contracts to Law Society of Scotland ‘Update’ Conference and to Scottish Branch of Chartered Institute of Chartered Arbitrators