I have worked with Andrew over a number of years on a variety of complex commercial disputes. I have consistently found him to be efficient, responsive, bright, commercial in his approach, well-prepared, excellent with the clients and tenacious when in Court. Highly recommended.
I am Andrew Marsden; a commercial barrister with nearly 30 years experience. My specialist expertise is in resolving disputes between shareholders, directors and partners. I am also an expert in the resolution of disputes between commercial agents and their principals.
I provide specialist legal advice, representation, negotiation and mediation services.
My focus is on the fastest resolution, on the best possible terms and at the minimum of cost. I am commercial, practical and cost-effective. I provide a service that is first class, personal, modern and accessible. I work with you, as part of your team and always in the very best interests of my clients.
Resolving shareholder, director and partnership disputes
Sections 994 of the Companies Act 2006 enables a shareholder in a company who is being treated in an ‘unfairly prejudicial’ way to seek relief from the court. The court has similar powers in respect of partnerships.
Typically, these cases involve companies with relatively small numbers of shareholders. The shareholders are usually also directors. The shareholders/directors will generally have fallen out with each other. The unfairly prejudicial conduct often takes the form of an exclusion of one shareholder/director by another from the affairs of the company. On other occasions, it arises because of misappropriation by one shareholder/director of property or funds belonging to the company or of a business opportunity that might have been enjoyed by the company. In other cases, it can involve wrongful dealings in shares, improper dividends, salary or other payments or other improper conduct of the company’s affairs.
The court has very wide powers to control the conduct of the affairs of the company and its shareholders/directors. Such proceedings regularly result in the court ordering one shareholder/director to purchase the shares of another at a value determined by the court to be fair in all the circumstances.
I provide commercial, practical and cost effective resolution of these matters through my highly experienced specialist barrister’s advice, representation, negotiation and mediation.
Resolving commercial agency disputes
The Commercial Agents (Council Directive) Regulations 1993 (“the Regulations”) regulate relations between commercial agents and their principals.
A commercial agent is a self-employed intermediary who negotiates or concludes sales or purchases of goods on behalf of his principal. The Regulations provide potentially valuable entitlement to ‘indemnity’ or ‘compensation’ on the termination of a commercial agency. They set out duties owed between commercial agents and their principals. They contain provisions relating to the remuneration of commercial agents, the termination of commercial agencies and the validity of certain restrictive covenants.
I provide commercial, practical and cost-effective resolution of these matters through my highly experienced specialist barrister’s advice, representation, negotiation and mediation.”
About Andrew Marsden
Andrew is included in the prestigious Chambers 100 marking him out as one of the top 100 barristers in the country and one of the very best in his field. He is also ranked in the first tier of Chambers and Partners and the Legal 500.
Andrew has also been shortlisted several times as Barrister of the Year by the Bristol law society.
Andrew is authorised to accept instructions directly from clients without the involvement or cost of a solicitor under the Bar Council’s Direct Public Access scheme. Further details of that scheme can be found here.
Andrew is committed to resolving disputes between people in business together. He thinks of his specialist practice as one of “commercial divorce” without “throwing the baby out with the bath water”. He works tirelessly in his client’s very best interests. His approach is commercial, practical and cost effective and the service he provides is first class, personal, modern and accessible.
Andrew is a keen amateur boxer. His other interests include skiing, horse riding, off-road motor cycling, wakeboarding, cognac and the piano.
Expertise and qualifications
- Commercial Dispute Resolution
- Company Law (particularly shareholder disputes)
- Partnership Law
- Agency Law (including commercial agency)
- Called to the Bar: 1994 (Lincolns Inn)
- LLB (Business Law (1st class)), Bachelor of Civil Law (Oxon)
- Experienced CEDR accredited mediator
- Professional Memberships: Commercial Bar Association, Chancery Bar Association
Andrew is included in Chambers 100 where they say
“Andrew Marsden is amongst the very best juniors practising on the Western Circuit. He has a broad commercial practice and wins especial praise for his work in the company and partnership sphere… Commentators say that he is ‘an approachable barrister, with a keen eye to the commercial priorities of a case, who is ready to challenge and question the evidence before him.
Andrew is “very in-tune with the needs of his commercial clients.” He has “in-depth expertise in corporate, partnership and commercial law disputes.” His approach is considered “sensible, very clear and extremely helpful.” He has an “unfailingly commercial approach and excellent cross-examination skills.” An “extremely articulate and forceful advocate”, “one of the best pound-for-pound commercial barristers in town.” “Tenacious and thoughtful” and possessed of “great people skills”, solicitors appreciate his “close, hands-on involvement in cases”.
His “clear, incisive advice.” Commended for his “client-friendly manner” and “trenchant advice and assiduous approach”, it has been said that “he has an air of gravitas about him, and a good manner with clients.” “He will make a very good judge one day.” He is a “deeply impressive barrister who prepares fully, is fantastic with documents and is commercially minded.”
He is “a commercially focused barrister who is excellent on his feet.” He “impresses across a broad range of disputes, including partnership, corporate and contractual issues.” Andrew is “technically spot-on” and is known for taking a “sensible and pragmatic approach” to his work. “He gives clear and compelling advice.” He “thinks things through to the nth degree.” A “renowned shareholder dispute specialist.”
He is “one of the leading authorities on commercial agency.” He provides “targeted and transparent advice.” He is “always very commercially aware and gets to the nub of the issue at hand.” He “never misses a point.”
Andrew and his clients either agree fixed fees for specific pieces of work to be carried out by him (e.g. a fixed fee for a written or oral opinion/advice or for his preparation, attendance and advocacy at the hearing of an application/a trial) or agree that Andrew should charge by reference to the time that a particular piece of work takes him to complete.
When a fixed fee is agreed that fee will cover all of Andrew’s services required to carry out the specific piece of work that he is instructed to deal with. If Andrew is asked to carry out further work there will need to be a further agreement with regard to his fees for that further work.
Andrew calculates his fees by reference to an hourly rate of £400 (ex vat). He charges the same for his services whether he is instructed through a solicitor or directly by the client under the Direct Public Access scheme.
Andrew does not usually accept work on a conditional fee basis.
A client may also have to pay solicitors’ fees or expert witnesses’ fees (if such services are required). Court fees will be payable if proceedings need to be issued. In appropriate cases there may be further costs associated with Alternative Dispute Resolution procedures (e.g. mediation).
The extent of any such costs cannot reliably be estimated until the precise extent of those services has been identified in any particular case. Andrew will be able to advise as to the extent of any such additional costs when fully appraised of the nature of the particular matter.