Photo of Andrew Miller QC

Andrew Miller QC

Call 1989
Silk 2014

amiller@2tg.co.uk

+44 (0)20 7822 1200

"brilliant"

Legal 500

"Extremely strong on his feet, providing silky smooth advocacy."

Legal 500 2016

"Very savvy, with good client skills and a commercial approach."

Chambers UK 2017

"He is very meticulous, and gets on top of large volumes of papers quickly and efficiently."

Legal 500 2017

Practice Overview

Andrew has a mixed commercial practice with particular specialist expertise in insurance, construction, professional liability and international disputes.

The breadth and quality of his litigation practice, and the high regard in which he is held by his commercial clients, both lay and professional, is demonstrated by the cases in which he has appeared. He represented Municipal Mutual Insurance Company in the £150m EL Trigger Litigation (at first instance and in the Court of Appeal), acted for a Mongolian mining company in a case concerning US$70m of missing gold and was instructed by five reinsurers in a claim arising out of hurricane damage to Mexico’s highway structure.

Over the last two years Andrew practice has been dominated by his representation of a major UK Oil and Gas Project Management company in respect of three actions including a US$53m claim arising out of the drilling of a prospective well in West Africa.  Andrew is currently instructed in an ICC Arbitration by the insurers of a power plant in Albania in respect of a claim following an explosion in one of its turbines and on the domestic front is acting for the Defendants in a £7m property flooding damage claim. He has seen recent success in two large TCC actions, Brit Inns Ltd v BDW Ltd which has provided a wake-up call to the recovery sector of the insurance industry and Mueller Europe Ltd v Central Roofing (South Wales) Limitedwhere he achieved a £23.5m judgment for his clients.

Andrew is consistently recognised by clients and in the legal directories for his forceful advocacy, 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 is a CEDR Accredited Mediator and is developing a strong practice as a mediator of commercial disputes. Andrew is also a qualified arbitrator and a Fellow of the Chartered Institute of Arbitrators.

Insurance & Reinsurance

Andrew has a significant commercial insurance practice. Over the last few years he has represented MMI both at first instance and in the Court of Appeal in the EL Policy Trigger Litigation[2009] Lloyd’s Rep. IR 295; [2010] EWCA Civ 1096, and the claimant in Scottish Coal v Royal and Sun Alliance Insurance PLC & Ors [2008] Lloyd’s Rep. IR 718, in addition to appearing in and advising on numerous other insurance and reinsurance matters, including a £7m reinsurance claim arising out of hurricane damage to Mexico’s highway structure, a case requiring both insurance and construction expertise –  Axa Seguros S.A de C.V v Allianz Insurance Plc & Others  [2011] EWHC 268 Comm. He has seen recent success in two large TCC actions, Brit Inns Ltd v BDW Ltd [2012] EWHC 2143 (TCC); [2012] EWHC 2489 (TCC) which has provided a wake-up call to the recovery sector of the insurance industry and Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2013] EWHC 237 (TCC) where he achieved a £23.5m judgment for his clients.

Andrew is 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).

He has also been instructed in a non-contentious context to advise on policy terms, and has acted for insureds in policy term negotiations.

Andrew has specific expertise regarding the insurance requirements of the construction and power industry, in particular the policies required for the construction and operations phase of large infrastructure projects.

Selected recent cases:

 

  • Brit Inns Ltd v BDW Ltd & J Reddington [2012] EWHC 2143 (TCC) Coulson J; [2012] EWHC 2489 (TCC):
    Instructed by the Defendant and Third Party in this subrogated claim brought by the Claimant’s insurers and an additional claim brought by the insureds, in respect of flooding to commercial premises in South London. One of the key issues was the extent to which the Insurer could rely on the insurance adjustment undertaken by its loss adjuster and upon which it agreed to indemnify the insured. This case has attracted significant insurance industry and legal attention. In particular the case has caused consternation within the insurance industry by reason of the fact that the judge rejected outright the insurance adjustment undertaken by the insurer’s loss adjuster on the grounds that it was a fundamentally flawed adjustment. Additionally, the Claimants were significantly penalised in costs for bringing a grossly exaggerated claim. (Instructed by Kennedys)
  • Fushe Kruje Cement Factory SH.P.K v CBMI Construction Company Ltd (2011 –ongoing).
    Instructed by the reinsurers of the Fushe Kruje Cement factory in respect of policy issues (joint insurance) arising out of a proposed subrogated recovery against CBMI, a Chinese construction company who constructed and then operated and maintained the cement factory. The claim concerns CBMI’s breaches of their obligations under the O&M contract that led to the seizure and failure of one of the power plant’s diesel engines. (Instructed by Kennedys)
  • Ho Chi Minh City Insurance Company v Electricite De France (2011 – ongoing).
    Instructed by the reinsurers of Ho Chi Minh City Insurance Company in respect of policy issues arising out of a US2.2m subrogated claim against EDF under the provisions of a construction all risks/delay in startup policy in respect of damaged steam impact damage occasioned to certain components of a Combined Cycle Gas Turbine facility in Phy My, Vietnam during its commissioning. (Instructed by Kennedys)
  • AXA Seguros SA de CV v Allianz Insurance PLC  (2011Comm. Ct, Settled) [2011] EWHC 268 Comm. Acted for five reinsurers in a £7m claim concerning an alleged repudiatory breach of a facultative reinsurance contract in respect of the Mexican highway network and a claim arising out of substantial damage caused by hurricane Juliette in 2001. The case involved policy coverage issues of the primary insurance relating to the construction and maintenance of the highway network. (Instructed by Kennedys, led by Colin Edelman QC and by Roger Ter Haar QC.)
  • Beagelman v Royal Sun Alliance (2011 – to date)
    Instructed by the Claimants in this claim directly against insurers in respect of a failure to provide a proper indemnity in respect of losses caused by a fire to their home. The case is unusual in that the Claimants are proceeding against the insurer despite having been provided with an indemnity and payment post fire to undertake repairs and reinstatement of the property. The Claimants’ case is that such repairs were carried out inadequately, principally by reason of a failure on the part of contractors, instructed by RSA’s loss adjusters to decontaminate the property. (Instructed by Kennedys).
  • Purplesea Developments Ltd v QBE International Insurance Ltd (Comm Ct 2011 – settled).
    Instructed by Purplesea in respect of its £7m fire insurance claim against QBE in respect of its failure to provide and indemnify in respect of both the property damage and business interruption claim following the total destruction of a night club by fire. QBE had failed to provide indemnity pursuant to the terms of its commercial property insurance policy by reason of alleged material non-disclosure. (Instructed by Debenhams Ottaway.)
  • Municipal Mutual Insurance Company Ltd v Zurich Insurance Company and 10 others (and 5 other actions) [2009] Lloyd’s Rep. IR 295. [2010] EWCA Civ 1096, The EL Trigger Litigation:
    Named by The Lawyer as one of the top 10 cases of 2008 and the subject of extensive national media interest. Included issues of employers’ liability policy construction, (particularly in light of statutory compulsory insurance regimes), estoppel and market practice, as well as complex medical evidence on the aetiology of asbestos-related disease. (Instructed by Watmores, led by Howard Palmer QC)
  • Robinson v Prudential Insurance (2011 Comm Ct. Settled).
    Acted for the claimant in this £1.2m claim under a critical illness policy. Andrew advanced a strong claim based on the proper construction of the insurance policy and achieved a successful settlement of the claim for his client prior to trial.
  • Scottish Coal v Royal and Sun Alliance Insurance PLC & Ors[2008] Lloyd’s Rep. IR 718.
    Established the principle that non-disclosure to leading underwriter cannot be relied upon by the following market. Also raised issues of what constitutes a material change of risk in the context of mining/construction project. (Instructed by McClure Naismith, led by Robert Moxon-Browne QC)
  • Amiss v Royal and Sun Alliance (2007– 9 Comm. Ct. Settled).
    Acting for the claimant in this claim arising out of £1.5m fire damage to substantial domestic and commercial premises and the refusal on the part of RSA to indemnify its insured. The case potentially had major implications for the insurance industry as it questioned what responsibility an insurer had to determine the level of coverage to be provided under the insurance to enable its insured to have sufficient coverage in the event of a total loss (Instructed by Glynns Solicitors).
  • Sykes v Norwich Union (QBD,Leeds Mercantile Court – 2009 – 10, settled at Mediation).
    Acted for the claimant in his £500K claim against NU under a critical illness policy. The case concerned the definition of total permanent disablement. (Instructed by Simpson Millar.)
Construction & Property Damage

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 acted for Chubb Insurance PLC, one of the successful claimants in the litigation arising out of the 2005 Buncefield explosion which caused in excess of £1BN-worth of damage. Following the determination of the issue of liability in the Buncefield claims and having successfully handled Chubb’s claims worth in excess of £16m, Andrew was instructed in five further Buncefield claims on the issue of quantum, one of which was a claim for in excess of £17m involving the rebuilding and repair of in excess of 25 separate commercial premises. Andrew brought each of these cases to a conclusion achieving successful settlements for his clients.

He has seen recent success in two large TCC actions, Brit Inns Ltd v BDW Ltd [2012] EWHC 2143 (TCC); [2012] EWHC 2489 (TCC) which provided a wake-up call to the recovery sector of the insurance industry and Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2013] EWHC 237 (TCC) where he achieved a £23.5m judgment for his clients.

Many of Andrew’s property damage cases (especially those concerning flooding) are for or against public bodies and raise complex questions of law regarding the exercise of statutory duties and powers. In all these areas he has acted both for insurers in subrogated recovery claims and for the indemnity insurers of construction professionals.

Selected recent cases:

 

  • Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2013] EWHC 237 (TCC)
    Instructed by the Claimant’s insurers in respect a wholly subrogated claim arising out a fire to a large copper tubing manufacturing factory in Wolverhampton. The trial on all issues of liability and quantum was held in 2013 and included a substantial material damage claim and a complex business interruption claim. Andrew was successful in obtaining a £23.5m judgment for his clients. (Instructed by Kennedys)  
  • Brit Inns Ltd v BDW Ltd & J Reddington [2012] EWHC 2143 (TCC) Coulson J; [2012] EWHC 2489 (TCC):
    Instructed by the Defendant and Third Party in this subrogated claim brought by the Claimant’s insurers and an additional claim brought by the insured, in respect of flooding to commercial premises in South London. The case involved a substantial material damage claim and a complex business interruption claim brought in respect of the start-up business. Andrew successfully defended this claim achieving a judgment sum substantially below the amount paid out by Brit Inn’s insurers to its insured and obtained punitive costs orders against the Claimants
  • K v P – (2012 – ongoing TCC)
    Instructed in this £30m claim by the purchaser of a hotel being built by the defendant developer in Wembley, London. The primary issue is whether practical completion of the project was achieved within the timeframe and in accordance with the terms of the contract and the purchaser’s entitlement to the return of the deposit monies in the event that it did not. (Instructed by Stephien Lake)
  • Marks & Spencer Group Plc v Exel Ltd & Don Bur Ltd (2012 TCC – ongoing)
    Instructed in this £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. The fire originated in the donkey engine compartment of an HGV vehicle sold by Don Bur to M&S and occurred when at Exel’s warehouse in Coventry. Exel provided warehouse, sortation and transportation services to M&S. (Instructed by Berrymans)
  • Blackwater Marina Ltd v Straightedge Manufacturing Ltd (2012 TCC – ongoing)
    Instructed by the Claimant in this £500K action 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)
  • Silenzio Panels Ltd v Eurocom Ltd (2012 TCC – ongoing)
    Instructed by the Defendant in this delay and disruption and defects claim arising out of upgrade works being undertaken to the London Underground at Charing Cross and Embankment Underground stations. (Instructed by Clyde & Co)
  • Sellars & Others v Network Rail & Others (2011 TCC – ongoing)
    Instructed by 7 Claimants in this actions arising out of flood damage to several domestic properties in the North of England during the floods of June 2007. The case involves technical issues relating to the causation of the flood by reason of the Defendant’s temporary works being undertaken to reline a culvert. (Instructed by Eversheds)
  • British Transport Police Authority v Prima Health & Safety Ltd (2011 TCC – ongoing)
    Instructed by the Claimant in this claim arising out of a fire at the Claimant’s forensic laboratory during the use of an ethanol finger print dyeing bath. The claim centers around the COSHH and DSEAR risk assessments provided by the Defendant in respect of the Claimant’s Fingerprint Dyeing Procedure. (Instructed by Berrymans)
  • WPP Group Ltd v John Sisk & Sons Ltd (2011 TCC – ongoing)
    Instructed by the Claimant in this action in respect of £1.5m water damage claim caused by the Defendant’s pavement works which were taking place directly above the Claimant’s subterranean computer and communications room. (Instructed by Weightmans)
  • Volkswagen Group UK Ltd v (1) Dencora Construction & (2) PDR Construction Limited (TCC 2011 – settled)
    Instructed by Volkswagen in this claim arising for damages arising from the failure of a roof in high winds at a newly built Volkswagen/Audi car showroom. The construction of the premises had been subject to a design and build contract. (Instructed by Kennedys.)
  • ING (UK) Listed Real Estate Nominee (No.1) Ltd v Magna Park Management Ltd (2010 – Settled). Instructed in this substantial £150m multi-party fire action by the freeholders of a large (“super”) warehouse that was leased to Primark and contained in excess of £50m of Primark’s stock that was destroyed in the fire.(Instructed by Berrymans Lace Mawer, led by Robert Moxon Browne QC.)
  • Kent County Council v W H Griggs Electrical Contractor Limited (TCC, 2009 – 2010 settled). Andrew acted for the first defendant Griggs in this multi-party claim by Kent CC for the £2.5m rebuild cost of a school destroyed by a fire alleged to have been caused by the failure of a single component light fitting installed by the electrical contractor Griggs. Allegations of blame passed down the contractual chain. (Instructed by Berrymans.)
  • Buncefield Litigation [2009] EWHC 540 Comm.
    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 handled both the liability and quantum aspects of each of Chubb’s 12 claims worth in excess of £16m (Instructed by Cozen O’Connor)
  • Buncefield Quantum Claims: (Instructed by Kennedys.)Hertfordshire Council v Total Oil PLC(TCC – Settled 2010)
    Instructed by Hertfordshire County Council in respect of their claim arising out of the damage caused to the public highways surrounding the Buncefield refinery caused by the explosion and the wider damage and contamination which resulted from the use of chemicals and foam during the fire fighting stage.Brixton Investments & Others v Total Oil PLC (TCC – Settled 2010).
    Instructed by Brixton Investments in respect of their claim arising out of the damage caused to three separate commercial sites close to the Buncefield refinery and involving damage to in excess of 25 buildings and principally to wall and roof cladding.Europa Shop Fitting Ltd v Total Oil PLC (TCC – Settled 2009).
    Instructed by both Europa and their insurers in respect of their claim for the cost of demolishing and rebuilding their office and manufacturing headquarters. The claim was worth in excess of £2m.Trademark v Total Oil PLC (TCC Settled 2009).
    Andrew acted for Trademark in respect of its uninsured losses arising out of the damage caused to its business premises and consequential commercial losses.Decorum Borough Council
    Andrew advised Decorum in respect of their economic losses arising from the involvement of their properties and use of their resources following the Buncefield explosion.
  • MJ Cordin and ors v Newport City Council (LTL 30/6/2009).
    Application of Rylands v Fletcher strict liability to a local authority which had created a reservoir on its land from which there was an escape of water causing flooding, notwithstanding reservoir was for the general good of inhabitants of the area. (Instructed by Dolmans.)
  • Quinetic Holdings Ltd v BAE Systems (Operations) Ltd (2008, TCC, settled).
    £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. (Instructed by Beachcroft LLP.)
  • Telesoft Technologies Ltd v Scottish & Southern Energy plc (2006– 7, TCC, settled).
    Acting for the claimant in this £2.2m fire claim arising out of negligently installed electricity metering equipment. Complex forensic evidence as to cause of fire. (Instructed by Cozen O’Connor.)
International Arbitration & Projects

Andrew has heavyweight experience of high value ICC arbitrations on the international stage. Between 2005 and 2007 he successfully represented the respondent power boiler manufacturer and project manager in a US$450m ICC arbitration in Singapore concerning the design, manufacture and construction of a power boiler in the largest paper mill in Indonesia. Previously, he acted in (among others) a US$200m delay and disruption claim arising out of the construction of a power plant in the Philippines.

Andrew is currently representing a major UK Oil and Gas Project Management company in respect three claims including a US$53m claim arising out of the drilling of a prospective well in West Africa and is instructed in an ICC Arbitration by the insurers of a power plant in Albania in respect of a claim following an explosion in one of its turbines due to poor maintenance.

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, having focused upon this area throughout his time in practice. He is a highly experienced advocate in many forums: arbitrations and court proceedings both domestic and international, as well as adjudications and mediation hearings. He is an expert in witness conferencing.

On many occasions he has been retained to advise on non-contentious matters particularly in respect of the creation of construction and engineering contracts, as well as being retained and engaged “on site” for a number of international clients.

Selected recent cases:


  • AGR Well Management Ltd v Antrim Resources (NI) Ltd
    (2012 – ongoing).
    Instructed by AGR in this US$6m dispute arising out of their project management of two prospective wells being drilled in the North Sea. The case involves a dispute over the number of wells that were drilled during the campaign and whether a
    sidetrack well constitutes a firm well within the meaning of the Project Management and drilling contracts. (Instructed by McClure Naismith)
  • SCS v AGR Well Management Ltd (2012 – ongoing).
    Instructed by AGR in the defence of this US$43m claim brought by SCS against AGR arising out of AGR’s project management of a drilling campaign in waters off Guinea, West Africa. The case involves issues relating to the selection of the drilling rig, the fitness for purpose of that rig, the drilling plan, analysis of Non-Productive time and the technical operation (and non-operation) issues of the drilling rig. (Instructed by McClure Naismith)
  • Jasper Drilling Private Ltd v AGR Well Management Ltd (2012 – ongoing).
    Instructed by AGR in this US$10m dispute arising out of AGR’s project management of a drilling campaign in waters off Guinea, West Africa. The Claimant’s claim for unpaid invoices relating to the hire of rig is challenged by reason of the Claimant’s failure to perform the drilling operations in accordance with the terms of the drilling rig contract. (Instructed by McClure Naismith)
  • Fushe Kruje Cement Factory SH.P.K v CBMI Construction Company Ltd (2012 –ongoing).
    Instructed in this £7m ICC Arbitration by the reinsurers of the Fushe Kruje Cement factory in respect of a subrogated recovery against CBMI, a Chinese construction company who constructed and then operated and maintained the cement factory. The claim concerns CBMI’s breaches of their obligations under the O&M contract that led to the seizure and failure of one of the power plant’s diesel engines. (Instructed by Kennedys)
  • IMPSA (M) SDH BHD v Sarawak Hydro SDN BHD (2012 – Settled).
    Instructed to advise on an arbitration claim pursuant to a supplemental agreement entered into between IMPSA and the employer in respect of design, manufacture, transportation, installation and commission of four turbines and associated equipment for the Bakun Hydroelectric project in Sarawak. (Instructed by Contract Solutions International (Singapore) on behalf of IMPSA.)
  • Norscan v Foster Wheeler Energia Oy (2007, ICC arbitration).
    Successful defence of US$450m claim in Singapore concerning the design, manufacture and construction of a power boiler in the largest paper mill in Indonesia. Complex technical issues requiring mastery of in excess of 1m documents, witness conferencing. (Instructed by Fulbright & Jaworski – London.)
  • Siemens v FGPC (2004, ICC Arbitration).
    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. Retained by the employer to advise during the construction phase of the project and subsequently to act on its behalf in the dispute phase. (Instructed by British Gas and Skadden, Arps, Slate, Meagher & Flom LLP – Hong Kong, London & Los Angeles.)
  • Bilfinger & Berger and Birse Joint Venture v Croda Mebon (TCC, 2000).
    Instructed by Bilfinger + Berger and Birse Joint Venture in their successful £7m claim against the manufacturers and suppliers of a defective protective paint system installed at Didcot B Power Station. (Instructed by Addleshaw Goddard.)
  • Bilfinger & Berger v Earls Terrace (1999, Arbitration).
    Claim arising out of the construction of 25 houses in Earls Terrace (“millionaires’ row”), Kensington, and concerning main contractors’ liability in contract and tort for defective works both to the original and subsequent purchasers. (Instructed by Addleshaw Goddard, led by Howard Palmer QC.)
  • ITH v Brunei LNG (Shell) (1996, ICC Arbitration).
    US$28m delay and disruption claim, arising out of the construction of an extension to an LNG plant and jetty in Brunei. Acted in first instance and Court of Appeal proceedings in Brunei, and at mediation hearings in London and Singapore. (Instructed by Shell Brunei and Baker & Mackenzie, Singapore, led by Michael Burton QC and Patrick Twigg QC.)
  • Balfour Beatty Civil Engineering Ltd v Dockland Light Railway [1996] CLC 1435: 78 BLR 42: 49 Con LR 1: (1996) 12 Const LJ 259.
    Represented the DLR in a £6m delay and disruption and additional cost claim arising out of a major extension to the DLR. (Instructed by Ashurst, led by Vivian Ramsey QC.)
Commercial Dispute Resolution

Andrew is instructed regularly in a large number of commercial cases, the reach and complexity of which typify the multi-disciplinary expertise which Andrew brings to bear in his commercial litigation practice.

See also cases listed under “Insurance and Reinsurance”

Selected recent cases:


  • Tramtrack Croydon Ltd v Go-Ahead Group Plc
    [2012 – QB Settled].

    Instructed by the Claimant in this £1m+ claim arising out of collision between a bus and a tram in Croydon resulting in the loss of use of the tram to the Croydon tram system for a period of 1 year with the consequential interruption to business claim. Complicated issues relating to the calculation of the business interruption claim by reason of the notional loss of passengers by reason of the reduction in the number of trams and the application of the Oyster Card pre-payment system to the calculation of a business interruption loss.
  • Caterpillar Logistics Services (UK) Ltd v P Huesca de Crean [2011 EWCA Civ 1671]
    Instructed by the Defendant/Respondent in the Claimant’s application for permission to appeal the refusal of the trial judge to award an interim injunction in this restraint of trade case. (Instructed by Keelys)
  • Manoudakis v Easy Group Holdings Ltd [2011] EWHC 3614 QB.
    Instructed by the Claimant as previous finance director of Easy Jet and the Easy Group in respect of his claim for breach of a consultancy agreement following his termination of employment with the Easy Group. Claim concerned allegations of breach of fiduciary duty arising out of the use of a company credit card for person use. Andrew successfully obtained judgment for the Claimant for the full amount claimed plus and award of indemnity costs (Instructed by Debenhams Ottaway.)
  • Howe-Jones v Flight Ambulance International Rent-A-Jet Ag (QBD, 2011 Settled at Mediation.)
    £1.2m claim concerning complicated jurisdictional issues arising out of the Montreal Convention in this claim about the provision of an air ambulance and specifically the meaning of “accident” within s.17 of the Convention. The case involved the relationship and scope of responsibility as between the medical assistance company acting on behalf of the primary insurers and the air-medical flight assistance company for whom Andrew acted. (Instructed by McClure Naismith.)
  • Regent Office Care Ltd v Doyle & Garrett (2011, Settled).
    Instructed by the defendants in respect of a £500,000 breach warranty claim against them arising out of the sale of a cleaning company to the claimant. (Instructed by Harvey Ingram LLP.)
  • Chaucer Insurance v Towergate Stafford Knight Company Ltd (Ch.D, 2010 Settled).
    Complex £1M action raising insurance, professional negligence, settlement/compromise and company law issues. (Instructed by Browne Jacobson LLP).
  • Gallaher Ltd v Montgomery Transport Ltd (Comm. Ct, 2009 – ongoing).
    Acting for the claimant in its £1.2m CMR contract claim against the defendant haulage company in respect of the theft of a large consignment of cigarettes by their driver. (Instructed by Cozen O’Connor).
  • IG Group Holdings PLC v Mr X (2009, Mediation).
    Represented IG in a dispute over scope of its duty to inform a spread betting client that shares on which he had taken a position had been delisted. Case raised complex issues regarding obligation to advise as to matters which comprised the commercial purpose of the contract. (Instructed directly by IG Group Holdings PLC.)
  • Bryn Thomas Crane Hire v Winterlift Ltd (2009 – advisory role).
    Advised on the contractual liability of the owner and hirer in respect of crane equipment hired under the Contractors Plant Association Model Conditions of Hire. (Instructed by Just Law.)
  • Gaz De France Energy v Fyfield JV (Comm. Ct, 2007 – 2010. Settled).
    Acted for the Defendant in this £500K claim where the claimant sought payment of a £500K gas bill in respect of sums that had allegedly been incurred but never billed. Claim raised technical issues regarding estoppel and deemed contracts under the Gas Act 1986. (Instructed by CKFT.)
  • Koo Golden East v Bank of Nova Scotia, Central Bank of Mongolia and anr [2008] EWHC 1120 (QB); [2007] EWCA Civ 1443.
    A case concerning the alleged conversion of US$70m of gold by the Central Bank of Mongolia. The claim turned on whether a Norwich Pharmacal order (to disclose the location of the gold) was available against BNS where BNS had not itself engaged in any tortious acts, and where it acted as agent for the Central Bank of Mongolia, which in turn claimed sovereign immunity. The case was reported on both substantive and costs grounds. (Instructed by Squire Saunders & Dempsey LLP.)
Professional Negligence

Andrew brings to his professional liability practice his considerable expertise in construction and insurance claims. As a result, many of his instructions in this area focus upon claims against construction and insurance professionals.

Outside the fields of construction and insurance he has represented both claimants and professionals in many contexts, including claims concerning accountants, auditors, barristers, chartered surveyors, estate agents, local authorities, quantity surveyors, and solicitors.

Andrew is also recognised as a leader in the field of claims brought against education professionals (teachers, schools, governing bodies and local authorities) involving allegations of (among others) abuse of position, bullying, dyslexia, dyspraxia, race, sexual abuse and wrongful education. He acted for the School in Thomson v Berkhamsted Collegiate School, which at over £1m was the largest ever bullying claim to be brought in the UK, and which attracted significant national media attention. The claimant discontinued during trial.

Please see cases listed under “Construction and Property Damage” for professional negligence actions concerning construction professionals.

Selected cases:


  • RSN Property Ltd v Hiliershrw Solicitors LLP
    [2012 – ongoing].

    Instructed by the Claimants in this professional negligence action brought against their conveyancing solicitors in respect of the Claimant’s purchase of a private road. The issues relate to the advice given or omitted in respect of other property owners’ rights to park on the private road. The claim principally in respect of the diminution in value of the road and the legal costs post-conveyance incurred by the Claimants in fighting claims by other property owners who had asserted prescriptive rights and easements over the road. (Instructed by Druces)
  • Thomson v Berkhamsted Collegiate School [2009] EWHC 2374 (QB).
    The primary issue was whether a school was under a duty to detect and/or prevent bullying which had not been reported to it and which was unknown to parents. Main action discontinued, but reported as leading case concerning procedure to be used in determination of applications for costs against non-parties (pupil’s parents). (Instructed by Berrymans Lace Mawer.)
  • B v Reading Borough Council and 2 others [2009] EWHC 998 (QB); [2007] EWHC Civ 1313 (CoA); [2006] EWHC 2449 (QB).
    Ground-breaking Court of Appeal decision establishing that no direct or vicarious duty is owed by local authorities to parents in the investigation of child abuse cases. Also concerned allegations of misfeasance in public office. (Instructed by Watmores.)
  • Horton v Lloyds Pharmacy [2006] EWHC 2808.
    Duties of pharmacists dealing with unclear prescriptions; complex causation issues arising out of previous negligent prescription by third party. Claim valued at £193m. (Instructed by Watmores, led by Robert Moxon Browne QC.)
  • Faulkner v Enfield County Council and Lea Valley School [2003] ELR 426.
    Leading case on scope of a school’s duty to take steps to prevent bullying. (Instructed by Berrymans Lace Mawer.)
  • Lister and ors v Hesley Hall Ltd [2001] UKHL 22, [2002] 1 AC 215, [2001] 2 WLR 1311, [2001] 2 All ER 769.
    House of Lords case concerning vicarious liability of a care home for deliberate acts of abuse perpetrated by one of its employees, but of which it had no knowledge. (Instructed by Beachcroft Wansbroughs, led by Andrew Collender QC.)
Alternative Dispute Resolution

“Excellent interpersonal skills and good on his feet.”  … “Always extremely well prepared” …  “Very pleasant to work with” Legal 500”

Andrew Miller is a Queen’s Counsel with over 25 years of experience of dealing with and resolving commercial disputes (see CV for detail). Andrew practices as a QC and mediates in a wide range of commercial sectors, often with an international dimension including in the areas of Construction, property damage, insurance and reinsurance, professional negligence and general commercial disputes.

Andrew is a CEDR Accredited Mediator and has been involved in the mediation of disputes since 1996. Andrew has experience of over 100 mediations and has mediated both domestically and internationally over a wide range of disputes.

Andrew is consistently recognised by clients and in the legal directories for his forceful advocacy, 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 is also a qualified arbitrator and a Fellow of the Chartered Institute of Arbitrators.

Andrew has been able to use his background as a successful commercial practitioner specialising in all aspects of insurance and construction and general commercial litigation to become practical, efficient 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.

Any enquiries for booking Andrew as a Mediator should be referred to the Clerks at 2 Temple Gardens – 0207 822 1200.