Andrew Miller QC has over 25 years of experience of dealing with and resolving commercial disputes both domestically and internationally. He practices as a QC Mediator and Arbitrator in a wide range of commercial sectors, including in the areas of construction, property damage, insurance and reinsurance, professional negligence and general commercial disputes.Andrew practices from 2 Temple Gardens (2TG) Barristers’ Chambers in London, UK.
Andrew is a CEDR Accredited Mediator and has been involved in the mediation of disputes since 1996. He has experience of over 150 mediations and has been involved in mediations around the world, across a wide range of disputes. Andrew has acted as lead mediator in commercial disputes valued from $50,000 to $20 million.
Andrew is consistently recognised by clients and in the legal directories for his strong negotiation and tactical skills. He is praised for his commercial approach to the resolution of disputes, whether in the traditional litigation forum, arbitration or through ADR.
Andrew has used his background as a successful commercial practitioner and his substantial experience of mediation to become a practical, efficient, approachable and user-friendly mediator. Andrew’s substantial commercial experience allows him to be able to assist the parties to the mediation by being able to identify for the parties the strengths and weaknesses of their case and be suitably skilled to reality test the parties’ case and proposed options for settlements. Andrew welcomes a direct approach at all stages of the mediation and is very adaptable and able to deploy a blend of facilitation and evaluation to suit individual mediations.
Andrew favours and is a proponent for the active v passive mediation approach and the Early Stage Mediation (ESM).
Andrew writes and speaks regularly on mediation and in particular on the ‘changing face of mediation’ which he is very much a part of.Andrew is very active on LinkedIn frequently posting articles on Mediation. linkedin.com/in/andrewmillerqc
Andrew is a qualified arbitrator and a Fellow of the Chartered Institute of Arbitrators (FCIArb) since 1989.
Andrew is also head of the ADR practice group at 2TGADR @ 2TG.
AREAS OF EXPERTISE
- Construction & Engineering (including International Arbitration and Projects)
- Energy & Natural Resources
- Property Damage
- Professional Negligence
- Commercial Contracts
- Alternative Dispute Resolution (ADR)
Construction & Engineering (including International Arbitration and Projects)
Andrew has had a large construction practice both domestically and internationally. Andrew has in-depth understanding of delay and disruption claims, defects claims and engineering disputes. He also has specialist knowledge of disputes involving power plants, as well as of the oil and gas and energy sectors. He has experience of claims involving all the major forms of contract and substantial experience of both domestic and international arbitration. The majority of Andrew’s construction cases have used mediation as part of the dispute resolution process. Disputes have included the following:
- US$6m dispute arising out of the project management of two prospective wells being drilled in the North Sea.
- US$43m dispute arising out of the project management of an exploration drilling campaign in waters off Guinea, West Africa.
- £7m ICC Arbitration by the reinsurers of the Cement factory in respect of a subrogated recovery against a Chinese construction company who constructed and then operated and maintained the cement factory.
- Dispute concerning the design, manufacture, transportation, installation and commission of four turbines and associated equipment for the Bakun Hydroelectric project in Sarawak.
- US$650m ICC Arbitration claim concerning the design, manufacture and construction of a power boiler in the largest paper mill in Indonesia.
- US$200m delay and disruption and additional cost claim arising out of the construction of a 1000 MW multi-fuel combined cycle power plant in the Philippines.
- £7m claim against the manufacturers and suppliers of a defective protective paint system installed at Didcot B Power Station.
- US$28m delay and disruption claim, arising out of the construction of an extension to an LNG plant and jetty in Brunei.
- £6m delay and disruption and additional cost claim in respect of the upgrade to the Docklands Light Railway.
- £30m claim by the purchaser of a hotel being built by the defendant developer in Wembley, London in respect of whether practical completion was achieved in time or at all
Energy & Natural Resources
A substantial part of his construction and International Projects practice has involved cases dealing with Energy and Natural Resources. (For list of disputes see above).
Andrew’s first ever mediation, in 1996, was a three day mediation in Singapore arising out of the construction of an LNG pipeline and transportation jetty in Brunei. As his cases reflect he has had significant experience dealing with disputes in the oil and gas industry.
Since his earliest days of his practice (when he was instructed in a £100m claim arising out of a fire at a chicken food processing factory in Birmingham) Andrew has dealt with numerous high value claims arising from fires, explosions, floods, subsidence, defective design and product liability and has detailed grasp of the expert evidence required in these often highly technical cases. Andrew was one of the Counsel involved in the liability and quantum litigation arising out of the 2005 Buncefield explosion which caused in excess of £1BN-worth of damage. Over the last 30 years he has been involved in many trials under the auspices of the TCC. Disputes have included the following:
- Claims involving large-scale natural disasters (primarily flooding) for or against private and public bodies.
- £23m property damage and business interruption claim arising out of a fire to a large copper tubing-manufacturing factory in Wolverhampton.
- Successful defence of a fraudulent property damage claim arising out of flooding damage to commercial premises.
- £2m+ claim brought by M&S in respect of the fire damage to its stock and the associated losses caused by interruption to its business.
- £500K dispute arising out of a fire which originated in the Defendant’s furniture building factory and caused destruction of the Claimant’s adjacent boat building and repair facilities. The case involves detailed arguments as to the origins of the fire and the responsibility for the cause and spread of the fire. (Instructed by Berrymans).
- £1m fire claim arising out of a fire at a Police forensic laboratory during the use of an ethanol fingerprint dyeing bath; Case involved consideration of COSHH and DSEAR risk assessments provided by the Defendant.
- £1.5m water damage claim caused by the Defendant’s works which were taking place directly above the Claimant’s subterranean computer and communications room.
- Case involving damage caused by wind to a Volkswagen showroom due to its defective design.
- £150m multi-party fire action by the freeholders of a large (“super”) warehouse that was leased to Primark.
- £2.5m fire damage to a school destroyed by a fire caused by the failure of a light fitting.
- Buncefield Litigation Represented Chubb Insurance PLC and its insured in this £1BN property damage claim arising out of the explosion of an oil storage depot in 2005. Andrew personally handled both the liability and quantum aspects of each of Chubb’s 12 claims worth in excess of £16m (Instructed by Cozen O’Connor.
- £1.5m action in respect of fire damage to a property leased to the MOD, and arising out of classified experiments with a plasma stealth demonstrator.
- £2.2m fire claim arising out of negligently installed electricity metering equipment.
Insurance / Reinsurance
As a barrister Andrew had a significant commercial insurance practice, being involved in several landmark cases for the insurance industry including the Employers’ Liability Trigger Litigation and the Brit Inns Case, which provided a much needed wake-up call to the recovery sector of the insurance industry. Andrew was regularly instructed in insurance and reinsurance disputes arising out of a range of covers (including business interruption, property, employers’ liability, public liability, life, critical illness and motor) and concerning coverage, policy interpretation and indemnification matters (fraudulent claims, misrepresentation, breach of warranty, co-insured’s negligence, non-disclosure issues, questions of dual insurance). Andrew has specific expertise regarding the insurance relating to the construction, operation and maintenance phase of projects. Disputes have included insurance claims and disputes arising out the following:
- Cases involving flood damage, both man made by nature.
- Insurance claims arising out of a conflict between joint insurers.
- Conflicts over insurance relating to the construction and operations phase of a project.
- Dispute over conflicts between primary insurers and reinsurers over compensation arising out of substantial damage caused by hurricane Juliette in 2001 in Mexico.
- Policy coverage issues and Policy Trigger issues.
- Claims by policyholders / insurers in respect of indemnity either given or refused under domestic and commercial policies.
- Inadequate and wrongful assessment of damage by loss adjusters.
- Fire insurance claims
- Life insurance claims / Critical illness claims.
- Insurance disputes relating to insurance claims against insurance companies in runoff.
- Insurance non-disclosure and fraudulent claims.
- Claims involving wrongful assessment of damages by loss adjustors (Brit Inns).
Andrew brought to his professional liability practice his considerable expertise in construction and insurance claims. As a result, many of his instructions in this area focused upon claims against construction and insurance professionals. Outside the fields of construction and insurance he represented both claimants and professionals in many contexts, including claims concerning accountants, auditors, barristers, chartered surveyors, estate agents, local authorities, schools, quantity surveyors, and solicitors. Disputes have included insurance claims and disputes arising out the following:
- Claims against conveyancing solicitors in respect of negligent advice, acts or omissions whilst handling the sale of land and properties.
- Disputes against accountants and auditors in respect of the provision of accounts.
- Claims against local authorities and schools in respect of the provision of education and actions by pupils and parents in respect of the failure to provide education and protection/abuse cases.
- Disputes concerning the wrongful provision of medication by pharmacists.
- Disputes concerning the negligent undertaking of due diligence by solicitors and accountants.
- Negligent actions against engineers, surveyors and other construction professionals.
Andrew has almost 30 years’ experience of dealing with commercial contract disputes both as a barrister in the traditional litigation forum and as a barrister and mediator in mediation. Andrew’s commercial practice has been wide ranging, predominantly acting for commercial clients both lay and professional. The range of his clients has been significant, which has included the representation of small and large businesses and commercial interests, insurers and reinsurers, contractors and developers and government bodies. Andrew has practiced both domestically and internationally in claims up to a US$650m in value. Commercial disputes have included the following:
- Disputes between insurers and their policyholders and disputes between insurers and reinsurers
- Disputes over the commercial implications of a delay to construction developments and projects.
- Contracts concerning the sale and provision of goods
- Breach of finance agreements
- Third parties claims by and against insurers.
- Developers and investors claims arising out of failed developments
- Commercial / Business interruption claims
- Economic and financial loss of use claims arising out of property damage
- Fraudulent commercial claims
- Shareholder agreement disputes
- Restraint of trade cases / breach of consultancy agreements
- Partnership disputes
- Breach of warranty claims
- Company Act claims
- Sale of Goods
WHAT THE LEGAL DIRECTORIES SAY ABOUT ANDREW MILLER QC
“He is able to explain complicated matters without too much legalese.”
“His is a calm and steady style and he is highly persuasive.”
“He has an excellent commercial attitude, and is astute, responsive and approachable.”
“He is extremely well regarded, very professional and someone who certainly knows his stuff.”
“Very approachable and knowledgeable”
“He has an excellent commercial attitude and is astute, responsive and approachable.”
Chambers UK 2017:
“He’s got a friendly, non-pompous approach. He’s good with clients and he just gets his head down and works.”
“Very savvy, with good client skills and a commercial approach. He’s astute and responsive.”
Legal 500 2016:
“Extremely strong on his feet, providing silky smooth advocacy”
Chambers UK 2016:
“He was very commercially aware, understood our position, and was forceful in fighting for us.”
Chambers UK 2015:
“He’s very user-friendly, effective and good to work with.”
Legal 500 2014:
“Excellent interpersonal skills and good on his feet.”“Always extremely well prepared.”
Chambers UK 2014:
“Andrew Miller has an extensive property damage practice, and regularly receives instructions from both public bodies and insurers.”
“He’s a very good advocate who can make tough decisions.”
“He is a veteran of complex claims relating to fires floods, subsidence and explosions.”
Legal 500 2013: – “Andrew Miller is brilliant”
Legal 500 2011: – “an outstanding Junior”
Legal 500 2011: – “a standout Junior”
Legal 500 2010: – “very pleasant to work with.”
Legal 500 2008: – “I would trust him with my life.”
Aug 2017 – Is the Court of Appeal sending out mixed messaged about mediation? https://www.lawyer-monthly.com/2017/09/is-the-court-of-appeal-sending-out-mixed-messages-about-mediation/
Oct 2017 – Mediation – is it any longer an alternative dispute resolution process? http://www.corporatelivewire.com/CorporateLiveWireExpertGuides/MiniBook/2TG/flipviewerxpress.html
Jan 2018 – Mediation in Cross Border Disputes – A natural choice…But not for all. http://view.digipage.net/go/ukmj-issue6/#32