Mello Jones & Martin · Barristers and Attorneys

Portrait of Andrew A. Martin,

Andrew A. Martin, Partner

Areas of Practice

Andrew Martin's practice bridges the international corporate and dispute resolution fields and focuses on commercial litigation and arbitration, insolvency and corporate reconstruction.

Professional Experience

Mr. Martin has a wide practice. He has appeared in a number of significant cases in Bermuda, featuring company and commercial law issues and trust and insolvency issues. He regularly advises on employment law matters for both employers and employees. Representative cases with general commercial interest include:

  • Privy Council:

    • Minister of the Environment v Barber and Scarborough Property Holdings Ltd. (Ministerial discretion)
    • Ambassador Insurance Co (In Liquidation) v Kempe and Hamilton (Joint Liquidators of Mentor Insurance) (Scheme of Arrangement)
    • Flag Ltd v Reda and Abdul-Jalil (Mutual trust and confidence)
    • Focus Insurance Co. Ltd (In Liquidation) v Hardy and Others (Default sanction)

  • Court of Appeal:

    • Dorinco v New Cap Reinsurance Co Ltd. (In Liquidation) (International insolvency cooperation)
    • Schindler v Garner and Bermuda Trust Company Ltd. (Forced heirship)
    • Glencore Grain Ltd v Agros Co. Ltd. (Set off of unliquidated claims)
    • Cooke and Comp Indemnity Reinsurance Co v John Hancock Life Insurance (Subpoena in arbitration proceedings)
    • Stena Finance BV and Temple Holdings Ltd v Sea Containers Ltd and Others (Take over bid)
    • Chyrses Ltd. v Accountant General (Stamp Duties)
    • Bird v Magzone(Bda) Ltd and the Bank of N.T. Butterfield & Son Ltd. (Banker's duty to customer)
    • First Atlantic Commerce Limited v Bank of Bermuda (Costs)

  • Supreme Court:

    • DeGroote v MacMillan and BETCo and Cooper Associates Real Estate (Misrepresentation by broker)
    • Re Star I and Star II Trusts, Von Knieriem v Bermuda Trust Company Limited and Grosvenor Trust Company (Protector's duty to trust)
    • Doughty v Coral Petroleum Company Ltd. (Employment and pension rights)
    • Hopewell International Insurance Limited v Gold Medal Insurance Company (Scheme of Arrangement)
    • Mackie and Others v BCB Trust Company Limited and Bermuda Commercial Bank Limited (Trustee's fees)
    • In re Stewardship Credit Arbitarage Fund Limited (Insolvency of mutual fund)
    • Validus Holdings Limited v IPC Holdings Limited (Scheme of Arrangement)
    • Phoenix Global Fund Limited v Citigroup Fund Services (Bermuda) Limited and the Bank of Bermuda Limited (Breach of fund administrators' duties)
    • Tensor Endowment Fund Limited v New Stream Secured Captial Fund Limited (Segregated accounts company)
    • American Patriot Insurance Agency Inc et al v Mutual Risk Management Limited and Others (Fraud/fraudulent misrepresentation) (Judgment pending)

Mr. Martin has been involved in a number of schemes of arrangement for multi-national companies and has advised creditors, secured lenders and insolvents and court appointed liquidators.

Professional Activities

Mr. Martin is presently a member of the Law Reform Committee for Bermuda. In the 1990s he chaired the Sub-Committee of the Law Reform Committee which proposed the introduction of the Control of Exemption Clauses Act. In the 1980s he participated as a member of the Sub-Committees of the Law Reform Committee which recommended the amendments to the Rules of the Supreme Court 1985 and the Bankruptcy Act 1989. Mr. Martin was a member of the Bermuda Bar Council from 1987-1992. Other professional memberships include the Hon. Society of Lincoln's Inn and the Chartered Institute of Arbitrators. Mr. Martin's professional activities also include:

  • Legal Advisor, Bermuda Hospitals Charitable Trust (2003 to present)
  • Director, Bermuda Health Alliance (1998 - 2000)
  • Chairman, Friends of Hospice (1992 - 1998)
  • Legal Advisor, Physical Abuse Centre (1985 - 1990)
  • Member, Bermuda International Business Association

He served as managing partner of the firm from 1998 to 2003.

Bar and Court Admissions

Mr. Martin was called to the Bar of England & Wales (Lincoln's Inn) in 1983. Upon his return to Bermuda in 1984 he was called to the Bermuda Bar.

Qualifications

  • Notary Public (1989)

Education

  • LL.B. (Hons) University of Southampton (Southampton, England), 1981
  • Lincoln's Inn, (London, England), 1983

Publications/Presentations