Andrew Bershadski

Call 2010

"Brilliantly intellectual"

Chambers UK 2024

Expertise

Andrew has an extensive practice in the fast-growing field of international business and human rights cases.

Notable International Group Claims / Business & Human Rights cases


Wambura v Barrick TZ Ltd

Acting for the defendants in a High Court action in relation to injuries at a Tanzanian gold mine (ongoing).


Gemfields

Acting for the defendants in a case brought by 273 Mozambicans alleging human rights violations around a ruby mine (case settled).


Kadie Kalma v African Minerals Ltd

Acting for the defendant in a group action brought by 142 Sierra Leoneans against companies involved in an iron ore mine. Successfully represented the Defendant in the High Court ([2020] EWHC 310 (QB)) and in the Court of Appeal ([2020] EWCA Civ 144) (with Neil Moody QC and Robert Cumming). The Court of Appeal judgment is now a leading authority on common design and duty of care in negligence for the acts of third parties.


Agouman v Leigh Day

Acting for over 4,000 successful claimants in an action arising from toxic waste dumping in the Ivory Coast ([2016] EWHC 1324 (QB)).

Andrew is regularly instructed in all aspects of clinical negligence work. He acts for both defendants and claimants, and has fought many trials in the High Court and the county court, including as sole counsel against a QC. He has been instructed in vaginal mesh claims on behalf of claimants and has experience of regulatory and disciplinary work.

Notable Clinical Negligence cases


S v Homerton University Hospital NHS Foundation Trust [2020]

Representing the defendant (led by Ben Browne QC) in a birth injury case involving cross-border issues, with the claimant residing in Canada.


Sarah Pepper v Royal Free London NHS Foundation Trust [2020] EWHC 310

Acted as sole counsel in 5-day trial for the defendant, successfully, in a case alleging that the defendant’s HPB surgeon had failed adequately to consent the claimant for a pancreaticoduodenectomy (Whipple procedure), and that the surgery had been carried out unnecessarily.


A & C v Leicestershire Partnership NHS Trust [2019]

Acted for the defendant in 3-day trial, successfully, where it was alleged that the defendant’s decision to discharge a patient from detention under section 2 of the Mental Health Act 1983 was negligent and caused her to commit suicide.


Jean North v Royal Free London NHS Foundation Trust [2019]

Acted for the defendant in a 2-day trial, successfully, where it was alleged that surgery was negligently not offered for a radial wrist fracture.


JJML Pelvic Organ Prolapse litigation [2019]

Acted for the claimants in a multi-party group action claim relating to vaginal mesh products.


Gyorgy Rakoczy [2020]

Represented, pro bono, a paediatric surgeon in a review hearing before the Medical Practitioners Tribunal Service.


Kamal Williams v Bermuda Hospitals Board [2016] AC 888

Appeared in the Privy Council, as junior to Caroline Harrison QC, in what has now become one of the leading judgments on the doctrine of material contribution in causation.

Andrew is regularly instructed as sole counsel, and led, in high-value personal injury actions. He acted both in the High Court and the Court of Appeal in the seminal case of Kalma v African Minerals. He has also undertaken work on a number of cases for the Government of St Helena.

Notable Personal Injury cases


Kadie Kalma v African Minerals Ltd

Acting for the defendant in a group action brought by 142 Sierra Leoneans against companies involved in an iron ore mine. Successfully represented the Defendant in the High Court ([2020] EWHC 310 (QB)) and in the Court of Appeal ([2020] EWCA Civ 144) (with Neil Moody QC and Robert Cumming). The Court of Appeal judgment is now a leading authority on common design and duty of care in negligence for the acts of third parties.


BB v Attorney General of St Helena [2020]

Acting as sole counsel on behalf of the defendant in relation to a public authority’s alleged failure to protect the claimant from familial sexual abuse. Andrew has appeared alone, against a junior and QC, before the Court of Appeal of St Helena (sitting in the United Kingdom).


Camilla Bonsor v Bio Collectors Ltd [2020]

Acting on behalf of the defendant in a catastrophic injury case where the claimant suffered an amputation following a road traffic accident in Kensington (ongoing).


Burgess v Tina Hutchinson [2020]

Acting on behalf of the defendant in a catastrophic brain injury case following road traffic accident in 2017 (ongoing).

Andrew regularly appears before the employment tribunals on behalf of both claimants and respondents, and has undertaken investigations on behalf of employers.

Notable Employment cases


Cubbin v College of Policing [2020]

Representing the respondent in a disability discrimination claim brought by an unsuccessful applicant for a marketing job.


Underdown v Kent Community Health Foundation NHS Trust [2020]

Represented the respondent, successfully, in 3-day unfair constructive dismissal claim brought by a senior sexual health nurse.


Earnshaw & Bentley v Advisory, Conciliation & Arbitration Service (ACAS) [2019]

Represented the respondent in a gender and age discrimination claim.


Melendez v Kepler Cheuvreux [2019]

Acted for the respondent in relation to an unfair dismissal claim brought by a former banker.

Privacy Policy

Andrew Bershadski Privacy Policy

My contact details:

ICO Reg No: Z3385053
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

"A forceful and persuasive advocate."


Legal 500 2024

"He has a high reputation as an advocate."


Legal 500 2023

"Formidably bright, hardworking and always very well-prepared."


Legal 500 2023

"An excellent adversarial advocate and an incisive cross-examiner."


Legal 500 2023

"Articulate and understands the issues at heart."


Chambers UK 2023

"His significant expertise and insight in the subject area are invaluable."


Chambers UK 2023

  • Attorney General’s C Panel of Counsel

  • Winner, 5RB Media Law Moot, Inner Temple
  • Runner-up, Lawson Moot, Inner Temple
  • Winner, Inter-Varsity Moot, Inner Temple
  • ‘Best Advocate’, Henderson Chambers EU Moot at Sidney Sussex College
  • Internship Award, Inner Temple
  • Exhibition, Inner Temple
  • Peta Fordham Scholarship Benefactor’s Award, Inner Temple
  • Duke of Edinburgh Entrance Scholarship, Inner Temple

  • BA Law & History, Sidney Sussex College, Cambridge University

  • Russian

“Andrew is extremely responsive and very astute in the way he approaches problems.” “He is very responsive and he produces very clear and incisive work, including pleadings and general advice.” “He is very focused and commercial.” “Andrew is brilliantly intellectual and very user-friendly.” “He has good attention to detail with ability to focus in on the heart of the case.” “His drafting in complex cases is impressive.” “He is very approachable and has a good manner with clients.”
Chambers UK 2024

“Highly intelligent and very hard working. He is a forceful and persuasive advocate including in the Supreme Court.” “Highly intelligent, well organised and very hard working. Andrew is a forceful advocate and is very good with clients.”
Legal 500 2024

“Andrew is formidably bright, hardworking and always very well-prepared. He has a high reputation as an advocate.” “Andrew is an insightful barrister who uses his intellect to find innovative solutions to tricky legal problems. Whilst he is an excellent adversarial advocate and an incisive cross-examiner he is equally capable of getting results with charm and persuasiveness. An excellent all-rounder.”
Legal 500 2023

“His significant expertise and insight in the subject area are invaluable, as is his ability to work according to different jurisdictions.” “He has a keen eye for detail and an encouraging willingness to consider all possible avenues of a claim.” “He is articulate and understands the issues at heart.”
Chambers UK 2023

“He is a very intelligent barrister, who is quick to analyse and evaluate and easy to work with.” “He is calm under pressure and very skilled.”
Chambers UK 2022

“Andrew is highly intelligent and highly organised. An excellent advocate.”
Legal 500 2022

A real asset to have on board for your cases” “A conscientious barrister with a very good work ethic
Legal 500 2021

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