Andrew Smith
I resolve commercial disputes. When not doing that I am advising on risk and therefore trying to avoid disputes. For the majority of disputes the challenge is to achieve advantage for clients in the constantly shifting balance between the merits of a case set against the costs of fighting it.
Tel: +44 (0)870 733 0643
Email: andrew_smith@wragge.com
Services: Dispute Resolution
Business sectors: Energy and Regulated Industries, Food and Drink, Healthcare, Retail, Automotive, Life Sciences, Local Government
Best brains in ...
Contractual disputes in all their guises but in particular termination issues
Product liability, with a particular emphasis on product recall
Legal professional privilege
Highlight of your career so far?
Nowadays the highlights of my career are in dealing with cases of sufficient size and importance to the clients that they would rather I did not make capital out of them by making them public! Very occasionally a client's interests are best served by going to trial. The best so far has been CPC Group Ltd v Qatari Diar Investment Authority – the Chelsea Barracks litigation named by The Lawyer as the number one case in the UK in 2010. It is not every day that one gets a third party disclosure order against Prince Charles.
Most challenging job you've ever done?
All the good ones are challenging. I have had some cases which involved the party on the other side not acting in a commercially reasonable way. Several times this was because the opposing party was a government department. Different drivers then apply, more associated with publicity and allocation of blame.
What about outside the UK?
I have done jobs involving parties in the US, Argentina, France, Italy, Malta, Israel, Sweden, Russia, Mali, South Africa, Ukraine, Germany, Japan and Taiwan. One particularly memorable trip involved spending two nights in a portacabin in the middle of nowhere between Moscow and St Petersburg.
What's your definition of going the extra mile ....... And when have you done it?
The quality of legal service is increasingly judged by responsiveness. Being available when the client needs you - come what may - is becoming standard. The extra mile is now more about thought leadership. One major client picked out "constant challenging of the status quo. This, in many instances, allowed for a quantum leap in thinking when we hit problems."
Best example of a creative legal solution?
A leading retailer wanted to consolidate its supplier base of 5,000 to less than 100 but wanted to assess the risk of terminating the existing contracts. A full legal review of each contract would cost the client a huge amount in legal costs because of the sheer volume. After consulting with the client about the nature of the contractors I devised a table of questions with yes/no answers that the client could complete which gave a very good indication of risk exposure. Our fees were less than £5,000.
When have you ever given a client a real competitive edge?
I have found that competitive edge is most often given by hard graft linked with a roving eye for an opportunity. After particularly hard fought freezing order proceedings brought by three international banks against our client were successfully defended, a settlement was brokered. The settlement agreement contained a confidentiality provision. The banks' solicitors claimed breach of confidentiality. I noticed that some of the evidence of alleged breach revealed communications that were themselves breaches of the confidentiality provision on the part of the banks and their lawyers. The claim was dropped promptly and the USD$13 million sought remained with our client.
What's your single greatest contribution to Wragge & Co's corporate responsibility?
Advising a local youth and community centre (and registered charity) regarding a claim by the Learning and Skills Council for the repayment of a grant. The effect of this claim, if successful, would have been the closing down of the centre. Our advice has helped to keep it open.
What's been written or said about you that you're most proud of?
"Service levels are very high – Andrew is extremely responsive, very commercial and pragmatic when needed, but also strategic and thinks tactically. Provides concise and punchy advice that is easy to circulate within the business to the commercial teams if needed. Can be tough and aggressive if the case demands it – which is good." General Counsel and Company Secretary of a FTSE 250 client.
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