Arbitrators

Andrew Hochhauser QC


Andrew Hochhauser QC is a barrister at Essex Court Chambers, a Harmsworth scholar and Bencher of Middle Temple, a Fellow of the Chartered Institute of Arbitrators and a Deputy High Court Judge, ticketed in both the Chancery and Queen’s Bench Divisions. He specialises in commercial and employment litigation, with a substantial court and advisory practice. For over twenty five years he has been highly recommended by all the legal directories in both commercial dispute resolution and employment. He was recently described by Chambers UK as “The best cross-examiner in the business”  who “sets the standard for dedication to the cause” And the  Legal 500 said “He can win the unwinnable cases, he can terrify the opposition with his name  alone and he can make the court dance to his tune” .

As a Fellow of the Chartered Institute of Arbitrators, Andrew has knowledge and experience of national and international arbitration.  He has delivered lectures to Chancery Bar Association, the Employment Lawyers Bar Association, the Bar Conference, the Institute of Barristers’ Clerks, the Singapore Bar Association and Bristol University.  Between 2007-2018, he has chaired first the Middle Temple Scholarship and Prizes Committee and then its Education Committee, fostering young talent and promoting excellence at the Bar. Andrew is Vice Chair of the Inns of Court College of Advocacy, with responsibility for Specialist Bar Associations and, in that capacity, he has run several specialist courses on handling expert evidence for experienced practitioners. For 15 years, together with fellow IAA trainer Colin Edelman QC, ran the Middle Temple New Practitioners Civil Programme, overseeing advocacy training for new barristers. He is currently Deputy Treasurer of Middle Temple and in 2020 he will be the Treasurer of the Inn. Together with Lord Justice Bean, he set up the Inn’s Access to the Bar Awards, which enables those from underprivileged backgrounds to spend time in chambers and shadowing a Judge.

He is honorary Counsel to Westminster Abbey. In 2011 he obtained an MA from the Courtauld Institute of Art, where he specialised in British Modernism. He was a Trustee of the V&A from 2011-2019, and he is currently Chair of the Samuel Courtauld Trust, Chair of Paintings in Hospitals, a Governor of the University of the Arts London, a Trustee of the National AIDS Trust, Ballet Black and Courtauld Institute of Art.

Recent High Profile Cases

  • Representing a number of former Dresdner Kleinwort bankers, who won their battle on first instance [2012] EWHC 1189 and on appeal [2013] EWCA Civ 394 to force Dresdner Kleinwort to pay out bonuses promised to its investment bankers prior to its takeover by Commerzbank in 2008;
  • Defending Stena Drilling Ltd and Stena Drillmax I Ltd in a Commercial Court claim in relation to a success fee arising from the charter of a drillship to Shell [2014] EWHC 1920 (Comm);
  • Representing a firm of solicitors in a Chancery Division claim to recover confidential information from a former partner;
  • Successfully defending Gatehouse Bank in whistle blowing and race/religion discrimination proceedings in 12 day Employment Tribunal case;
  • Representing BGC in High Court proceedings brought by Tullett Prebon in relation to a team move;
  • Halton v Carebase – representing the Defendants a case in the Chancery Division in relation to a claim by a former MD against owners of a group of care homes;
  • Tolliday v Omega, a High Court contractual claim by a former MD against an insurance company, which was settled shortly before the hearing in March 2012;
  • Acting for the FSA in Financial Services Compensation Scheme Ltd v Abbey National in the Chancery Division [2008] EWHC 1897 and FSA v Pottage in the Upper Tribunal (Tax & Chancery Chambers) [2012] UKUT B6 (TCC);
  • Representing celebrity chef Gary Rhodes against his former agents;
  • Acting for the Beckhams involving a claim against their former nanny;
  • Representing the late Michael Jackson in his claim against Granada;
  • Acting for Iain Dowie in the dispute with Crystal Palace F.C. ; and
  • Acting for Luton Town Football Club in a dispute with Mike Newell.
  • Advising City solicitors in relation to partnership disputes.

In addition, the international nature of some of his cases has resulted in him appearing as counsel before the courts in the Eastern Caribbean.

Commercial Dispute Resolution

  • Ahmed v Sheikh Al Khalifa [2019] EWHC 27 (Comm) – successfully defending a member of the Bahrani Royal family against a US$42m claim in the Commercial Court in relation to an alleged oral agreement in respect of the arrangement of meetings with Bollywood stars.
  • Ricci v Nomura International Plc – defending Nomura against a multi-million pound claim in the QBD by a former head of Structured Equity and Fund Derivatives Sales for wrongful dismissal and breaches of terms relating to remuneration. Linked to a criminal case being tried in Milan. Ongoing.
  • Elseco Ltd v Pierre-Eric Lys – [2018] A DIFC claim between two shareholders in relation to the removal of a founder shareholder and CFO allegedly ‘for cause’ and an arbitration claim for damages for breach of a shareholder agreement by the outgoing shareholder. In the Court of Appeal of the Judicial Authority of the Dubai International Financial Centre, permission to appeal was granted on the basis that the appeal raised issues of public importance. The arbitration claim was settled after closing submissions had been filed.
  • Acting for a hedge fund in relation to a claim arising out of the launch of a first corporate UK listed bond pursuant to a £150m Secured Medium Term Note Programme.
  • Defending a substantial claim brought by a Hedge Fund against a senior employee that he was in breach of the terms of an Exit Agreement.
  • Daniels and Tate v Lloyds Bank [2018] EWHC 660 (Comm) Defending Lloyds Bank in relation to claims brought by former CEO and MD of Corporate Banking in relation to its long-term share incentive plan and their reliance on a malus clause.
  • Defending Stena Drilling Ltd and Stena Drillmax I Ltd in a Commercial Court claim at first instance and on appeal [2017] EWHC Civ 94, in relation to a multi-million success fee arising from the charter of a drillship to Shell.
  • Representing a firm of solicitors in a Chancery Division claim to recover confidential information from a former partner.
  • Acting for the Beckhams involving a claim against their former nanny.
    Representing the late Michael Jackson in his claim against Granada.
  • In addition, the international nature of some of his cases has resulted in him appearing as counsel before the courts in the Eastern Caribbean.

What Others Say

Comments from the latest Legal 500 and Chambers and Partners directories include the following:

The Legal 500 UK Bar 2021, Commercial Litigation:

“Extremely intelligent, very tenacious and will fight every inch in his client’s best interests.”

The Legal 500 UK Bar 2021, Employment:

“Extremely intelligent, very tenacious and will fight every inch in his client’s best interest.”

Chambers and Partners UK Bar 2021, Commercial Dispute Resolution:

“A man with excellent judgement,” who is “a ruthless cross-examiner in the best sense of the word.”

Chambers and Partners UK Bar 2021, Employment:

“He’s phenomenal in terms of strategic advice, he’s incisive and to-the-point and brings tremendous insight.”

“He is the best cross-examiner in the business and he’s a go-to barrister if you’ve got a really difficult, high-value case. Simply amazing.”

Chambers and Partners UK Bar 2020, Commercial Dispute Resolution:

“A ferocious cross-examiner” who “sets the standard for dedication to the cause.”

Chambers and Partners UK Bar 2020, Employment:

“An exceptional barrister who is the gold standard in cross-examination.” “Able to explain complex law in very simple terms, and takes people to pieces in cross-examinations.” “He’s the man you want in your corner for an aggressive approach to the case.”

The Legal 500 UK Bar 2020, Commercial Litigation:

“An excellent advocate with superb judgement and a great team player.”

The Legal 500 UK Bar 2020, Employment:

“He can win the unwinnable cases, he can terrify the opposition with his name alone, and he can make the court dance to his tune.”

Chambers and Partners UK Bar 2019, Commercial Dispute Resolution:

“Has excellent judgment” and is both “an amazing cross-examiner and a very persuasive advocate – if you need someone ripped apart in the witness box, he is your man.”

Chambers and Partners UK Bar 2019, Employment:

“Has established a strong reputation in h market as a powerful, resolute advocate who will aggressively fight the client’s case. “Extremely responsive and creative in his approach”

The Legal 500 UK Bar 2019, Commercial Litigation:

“An excellent advocate with superb judgement and a great team player.”

Chambers and Partners UK Bar 2018, Employment:

“An extraordinary litigator and a fantastic tactician who knows how to win.” “In court he is something to behold. He is great for advocacy and good on big cases where you need a flamboyant, fantastic advocate.”

Chambers and Partners UK Bar 2018, Commercial Dispute Resolution:

“A first-class QC in the employment, commercial and media law crossover, he is extremely highly regarded, very fierce in court and very hard-working.”

2017 Chambers UK – Employment
He is an extremely skilled advocate who has a tremendous knowledge across the employment spectrum. He can be magical in the courtroom and is the best cross-examiner in the business.

2017 Chambers UK – Commercial Dispute Resolution
A leader with real gravitas.” “He is quick with his paperwork and shows excellent judgement.”

2016 The Legal 500 – Employment
A fearsome cross-examiner.

2016 The Legal 500 – Commercial Litigation
A fierce courtroom advocate, who will fight tooth and nail for his clients.’

2015 Chambers UK – Employment
An unbelievable advocate in the sense of his critical analysis of a case and his cross-examination of witnesses.” “He is the consummate court advocate, as he’s brilliant at making
submissions, and in cross-examination.”

2015 Chambers UK – Commercial Dispute Resolution
An awesome cross-examiner.” “The consummate court advocate, he’s brilliant at making submissions, brilliant at cross-examination and great on the detail.”

2014 Legal 500 – Employment
When you get to the courtroom, he is the one you want.”

2014 Legal 500 Commercial Litigation
An extremely skilled advocate who has tremendous knowledge.”

Commercial Dispute Resolution, Chambers UK Directory 2013
Andrew Hochhauser QC offers those that instruct him “superior quality of analysis, a capacity for hard work, and excellent advocacy skills.” Solicitors say that “he immediately identifies the heart of the case,” and is “a highly active and voluble part of the team.”

Employment, Chambers UK Directory 2013
Fabulous advocate” Andrew Hochhauser QC is commended for his “ferocious” approach and for the fact that he “has a boldness that can take your breath away.”

Commercial litigation, Legal 500 2012
Andrew Hochhauser QC is “a natural choice where a very robust approach is called for.

Employment, Legal 500 2012
Andrew Hochhauser QC is “a formidable advocate with a well-earned reputation as a fiery and effective cross-examiner“.

Commercial Dispute Resolution, Chambers UK Directory 2012
His diary has scarcely been empty over the last year, something which could also be said of the “incredibly diligent” Andrew Hochhauser QC. Though Hochhauser is perhaps best known for his superb employment practice, his “ferocious cross-examination skills” are also frequently sought out in commercial disputes.

Employment – Chambers UK Directory 2012
Considered to be “unsurpassable” in the employment arena, Andrew Hochhauser QC is “a ferocious advocate and a brutal opponent, equipped with tremendous knowledge and a reputation that carries incredible weight.” One source commented: “If you seek a passionate style of advocacy and a poetic way with words, then he is unmatched.”

Commercial Litigation, Legal 500 2011
Andrew Hochhauser QC is “an extremely incisive and tenacious lawyer, drilling down very quickly to the important legal issues but also bringing a very practical, common-sense edge to his advice”.

Employment, Legal 500 2011
Andrew Hochhauser QC is a “tenacious lawyer, who drills down, very quickly, into the important legal Issues”.

Media, Entertainment & Sport, Legal 500 2012 2010/11
Andrew Hochhauser QC is “extremely bright and very able on his feet”.

Commercial Dispute Resolution, Chambers UK Directory 2011
Clients also like Andrew Hochhauser QC as he is “absolutely on the ball and one of the most devastating cross-examiners around.”

Employment, Chambers UK Directory 2011
Andrew Hochhauser QC is described as an “absolute killer in court who goes straight for the jugular.” Demanding and at times terrifying for the opponent, he is a performer who “gives
everything he’s got” and entertains with some of the best advocacy the Employment Bar has ever seen.

Commercial Litigation, Legal 500 2010
Andrew Hochhauser QC is “delightful to work with and very effective“.

Employment, Legal 500 2010
At the “fantastic” Essex Court Chambers, “the general quality of the barristers is almost unsurpassed“. Andrew Hochhauser QC is an “incredible advocate who is commercially savvy and accessible“.

Fraud: civil, Legal 500 2010
Andrew Hochhauser QC “demolishes witnesses, but is clever about it“.

Media, Entertainment & Sport, Legal 500 2010

Challenging opponent” Andrew Hochhauser QC represented celebrity chef Gary Rhodes.

Recent cases decided as Deputy High Court Judge

  • European Film Bond A/S v Lotus Holdings LLC [2020] EWHC [1115] (Ch) – a case about whether sums were due under a film financing guarantee
  • Mazars v Hewitt [2019] EWHC 3729 ex tempore judgment on a bankruptcy case.
    Sheikh Mohamed Bin Issa v Boseh [2019] EWHC2142 (Ch) continuation of worldwide freezing order.
  • SPI North Swiss Post [2019] EWHC 2004 (Ch) Application to amend to include inclusion of implied terms.
  • Dawson-Damer v Taylor Wessing [2019] EWHC 1258 (Ch) Data Protection case reversed by the CA in [2020] EWCA Civ 352
  • Candey Ltd v Crumpler [2019] EWHC 282 (Ch) two applications relating to recovery of a success fee under a CFA, judgment upheld by the Court of Appeal [2016] EWCA Civ 1311
  • Ennis Property Finance Ltd v Thompson [2018] EWHC 1929 (Ch) Case about enforcement of guarantees, including a defence of undue influence.
  • Zinc Cobham v Adda Hotels [2018] EWHC 1025 (Ch) Striking out a claim for specific performance.
  • Puzitskaya v St Paul’s Mews [2017] EWHC 905 (Ch) Companies Court re construction of company’s articles.
  • Angel Group v Davey [2017] EWHC 1149 (Ch) Whether indemnity costs should be ordered.
  • DB UK Bank v Jacobs Solicitors [2016] EWHC 1614 (Ch) Rival offers – Part 36 v normal WP offers – a ruling on which takes precedent where rival offers and counter-offers are made.
  • Actial Farmaceutical v de Simone – a jusridictional challenge [2015] EWHC 836 (Ch), upheld by the Court of Appeal, [2016] EWCA Civ 1032, and a contempt of court case [2015] EWHC 2831 (Ch) – where the contemnor was fined €50,000.
  • In the matter of Eiffel Steel Works Ltd [2015] EWHC 511 (Ch) Insolvency case – whether the appointment of administrators was effective.
  • Re Scot Gordon Young [2014] EWHC 4315 (Ch) Application to compel joint trustees of an ex-husband’s estate to summon a creditors’ meeting at her request for the purpose of their removal.
  • Energy Renewals Ltd v Borg [2014] EWHC 2166 (Ch)   Case about misuse of confidential info and enforceability of post-termination Restrictive Covenants

Career

2004: Recorder (Civil)
2013: Deputy High Court Judge (Chancery)
2014: Deputy High Court Judge (Queen’s Bench Division)

1977: Harmsworth Scholar, Middle Temple

Education

LLB, University of Bristol (1976)
LLM, University of London (1977)
MA, Courtauld Institute of Art (2010)