Personal, professional and specialised legal advice
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Practice Areas ADR Alternative   Dispute   Resolution   (ADR)   includes   all   of   the   methods   of   resolving   disputed matters,   including   arbitration   and   mediation,   but   excluding   recourse   to   litigation   in   the courts.   ADR   is   becoming   increasingly   important   as   clients   often   prefer   the   advantages   ADR offers,   including:   confidentiality,   party   control   over   the   procedural   rules   and   timing   of   the resolution   process,   international   enforceability   of   arbitral   awards,   and   the   possibility   of significantly    reduced    costs    and    less    damage    to    the    continued    business    and    personal relationships   between   the   parties.   From   a   straightforward   mediation   between   trustees   and beneficiaries   to   a   large-scale   commercial   arbitration,   Andrew   Rinker   has   the   experience and expertise to advise and represent a party or to act as mediator or arbitrator.   Andrew   Rinker   understands   that   critical   to   the   success   in   ADR   is   the   ability   to   understand readily   the   interests   and   needs   of   each   of   the   parties,   develop   creative   solutions   and alternatives    quickly,    present    advice    authoritatively    and    persuasively,    negotiate    on    a principled   basis,   engender   trust   and   confidence   and   achieve   a   satisfactory   and   pragmatic resolution to the dispute. Arbitration Andrew   Rinker   is   involved   in   domestic   and   international   arbitrations   within   his   various fields   of   expertise.   He   acts   as   arbitrator   and   as   advocate   for   parties   involved   in   the   arbitral process.   He   is   a   Fellow   of   the   Chartered   Institute   of   Arbitrators,   a   qualification   based   on extensive study, examination, peer review and experience. Mediation Andrew   Rinker   is   available   to   act   as   a   mediator   and   as   an   advisor   and   advocate   to mediating   parties.      The   mediation   process   is   different   from   litigation.   Mediation,   although not   binding   on   the   parties   until   a   final   settlement   agreement   is   finalized,   offers   many   of the   advantages   of   arbitration,   but   is   also   designed   to   address   the   overriding   commercial interests   of   the   parties   rather   than   focusing   on   technical   legal   issues   and   to   resolve disputes    in    a    manner    where    the    parties    can    afterwards    continue    their    commercial relationship   in   a   mutually   beneficial   way.   He   is   a   member   of   the   Standing   Committee   of Mediation Advocates. Commercial and Contractual Disputes A   substantial   part   of   Andrew   Rinker's   work   includes   advising,   drafting   contracts   and   other commercial   documents   and   appearing   in   commercial   disputes   in   the   courts   and   in   domestic and    international    arbitrations.    Mr.    Rinker's    breadth    of    commercial    litigation    expertise covers   the   smallest   contractual   claims   to   large-scale,   multi-party   business   litigation.   He handles   claims   based   on   dishonesty,   misrepresentation,   breach   of   fiduciary   duty,   bribery   or other corrupt payments, conspiracy and accessory liability. Some   commercial   claims   are   not   brought   in   the   Commercial   Court,   but   require   specialized remedies   and   relief   available   only   from   the   Chancery   Division.   These   cases   may   include those   with   claims   for   breach   of   fiduciary   duties,   shareholder   disputes,   accounting   and   the imposition   of   constructive   trusts.   Andrew   Rinker   can   bring   the   necessary   knowledge   and expertise of both commercial and chancery litigation where required. Andrew   Rinker   possesses   not   only   commercial   legal   expertise   but   also   practical   business experience   and   training   as   a   company   director   himself.   These   skills   and   talents   enable   him to   identify,   understand   and   analyse   quickly   the   complex   business   issues   facing   directors, the    business    environment    in    which    decisions    are    made,    the    business    pressures    on directors,   the   personal   reputations   at   stake   and   the   business   customs   and   practices   which are   relevant   to   the   dispute   in   issue.   Andrew   stands   out   among   lawyers   because,   unlike most   lawyers   who   lack   business   experience   and   practical   business   knowledge,   he   has   these capabilities.   This   holistic   understanding   allows   Andrew   to   identify   and   develop   useful   and effective   strategies,   alternatives   and   solutions   to   commercial   disputes.   His   talents   also enhance his abilities to negotiate successful outcomes to commercial disputes. Andrew   also   understands   clients   are   naturally   concerned   about   the   inherent   delays,   costs and   uncertainty   of   litigation.   These   alternative   dispute   resolution   strategies   may   allow resolution   of   the   client’s   commercial   conflicts   with   greater   confidentiality,   reduced   costs, greater   speed   and   efficiency   and   the   more   likely   possibility   of   continued   workable   business and personal relationships. Civil Fraud Andrew   Rinker's   practice   in   the   making   and   defence   of   civil   fraud   claims   extends   from   the early   advisory   stages   to   trial   and   the   recovery   of   the   assets   in   the   UK   and   internationally. He   is   experienced   in   civil   claims   arising   from   dishonesty,   misrepresentation   and   breach   of fiduciary   duty   and   in   asset   recovery.   Asset   recovery   may   include   piercing   the   corporate veil,    the    imposition    of    constructive    trusts    and    claims    against    third    parties    who    have participated   in   or   received   proceeds   from   the   fraud.   Andrew   brings   his   business   education as   well   as   his   special   training   and   experience   as   a   company   director   to   assist   him   in ferreting out the schemes and tactics of the wrong-doers. Company and Partnership Andrew   Rinker’s   depth   of   knowledge   of   company   law,   experience   in   company   direction   and directors’   duties   as   a   multiple   company   director,   his   qualification   as   a   Master   of   Business Administration   and   as   a   Chartered   Director   by   the   Institute   of   Directors   provides   him   with a    comprehensive    understanding    of    the    sensitive    and    complex    issues    arising    from shareholder   disputes,   breaches   of   fiduciary   duties   by   company   directors   and   officers, accounting   and   auditing   negligence,   corporate   governance   responsibilities   and   corporate disclosure   obligations   and   the   remedies   available   therefor   such   as   monetary   damages, rescission,   equitable   compensation   and   the   remedies   arising   out   of   wrongful   disposals   of company   assets.   Additionally,   Andrew   Rinker’s   knowledge   of   company   law   and   actual experience   in   the   corporate   boardroom   is   of   great   value   to   clients   in   his   commercial, partnership, professional negligence, private client, trusts and tax cases. Andrew   Rinker   provides   advice,   drafting,   litigation   and   advocacy   services   in   all   aspects   of partnership    law.        His    experience    extends    from    typical    domestic    partnerships    to international     corporate     joint     ventures     and     investment     structures,     limited     liability partnerships and associations of professionals. Andrew   possesses   the   intelligence,   creativity   and   breadth   of   understanding   and   experience to    handle    your    company    and    partnership    business    in    a    confident,    highly    capable, professional   and   discrete   manner.   Mr.   Rinker   offers   advice,   litigation   and   advocacy   in relation to a wide range of contentious and non-contentious company matters, such as: Shareholder disputes Shareholder agreements Shareholder derivative actions Article 994 petitions Share and business sale agreements Breach of warranty disputes Financial assistance Directors' duties and negligence Disqualification of directors Partnership disputes Accounting/audit negligence Corporate takeovers and restructurings Mergers and acquisitions Flotations Andrew   works   well   with   and   is   skilled   at   coordinating   your   teams   of   directors   and   other professional advisers. Natural Resources Andrew   Rinker   handles   cases   involving   natural   resources   and   mining   businesses,   sectors   in which   he   has   specialist   industry   knowledge.      This   work   often   includes   drafting,   negotiation and   advocacy   both   in   the   UK   and   internationally,   including   lease   drafting,   disputes   relating to   oil   and   gas   exploration,   finance,   production,   supply,   distribution   and   transportation.      Mr. Rinker   also   acts   in   disputes   involving   mineral   rights   and   the   property-related   issues   arising out of the terms of mineral leases. Financial Services Current   and   detailed   knowledge   of   the   complex   and   evolving   legislation,   rules   and   case   law is   critical   in   financial   services   work.   Difficult   issues   in   this   complex   sector   require   specialist knowledge, intelligence, creativity and advocacy skills.   Andrew   Rinker,   in   addition   to   his   legal   and   business   qualifications,   also   possesses   all   of   the knowledge   and   training   required   by   the   Financial   Conduct   Authority   (FCA)   for   certification as   an   Approved   Person   to   advise   and   deal   with   the   public   in   all   financial   products.   Andrew earned   the   Certificate   in   Private   Client   Investment   and   Management   and   is   a   Fellow   of   the Chartered   Institute   of   Securities   and   Investment.   He   also   earned   qualification   certificates, recognized   by   the   FCA   to   qualify   to   work   in   Corporate   Finance,   Securities,   Derivatives, Packaged    Products,    Corporate    Risk    Management,    Risk    in    Financial    Services,    Financial Services    for    Directors    and    Investment    Operations.    This    broad-based    knowledge    and training   make   Andrew   virtually   unique   among   barristers   dealing   with   financial   services matters.   Andrew   Rinker   advises   and   assists   on   financial   services   matters,   including   such   cases requiring: Advice   on   the   Financial   Services   and   Markets   Act   2000   and   the   underlying   rules, regulations and guidance Advice on private equity investments Advice on unit trusts, OEICs and other collective investment schemes Claims for poor investment advice Professional negligence claims in the financial services field FSA enforcement and disciplinary proceedings Insider dealing, market abuse and money laundering. Media and Entertainment Andrew    Rinker    acts    in    disputes    arising    in    the    fields    of    music,    publishing,    film    and television,   especially   in   case   involving   intellectual   property   rights,   restraint   of   trade   and breach   of   contract.   Andrew   has   attended   advanced   training   in   this   field   and   has   significant practical   experience.   He   has   also   been   involved   in   the   negotiation   of   important   contracts for named talent.   Professional Negligence and Indemnity In   professional   negligence   and   professional   discipline,   Andrew   Rinker   has   acted   for   both claimants   and   defendants,   with   particular   expertise   in   the   fields   of   financial   services,   legal services, accountancy and tax and share and company valuations. His   work   includes   claims   in   relation   to   negligent   advice   and   valuations,   compliance   with regulatory   requirements   and   disciplinary   proceedings.      His   experience   in   the   legal   field includes   cases   of   negligent   advice   of   solicitors   and   barristers,   mismanagement   of   litigation and of commercial transactions and errors in the drafting of legal documentation. Andrew   Rinker   works   relentlessly   to   achieve   the   best   results   for   his   clients.   He   examines every   aspect   of   the   case   meticulously   to   uncover   the   optimum   outcome.   He   vets   all   issues of   liability,   causation,   contributory   fault   and   damages   to   fashion   the   best   litigation   or settlement   strategy.   In   addition,   Mr.   Rinker   is   a   mediator   and   arbitrator   who,   where appropriate   for   his   client,   can   assist   in   resolving   disputes   without   the   necessity   for   costly litigation. Andrew   Rinker’s   experience   encompasses   professional   negligence   work   involving   claims against   solicitors,   barristers,   accountants,   finance   practitioners   and   company   directors.   His work in this field might encompass: Advising on the merits of potential proceedings. Advising on the applicable pre-action protocol. Drafting statements of the client’s case. Advising on reports to insurers. Appearing at interlocutory hearings. Advising on evidence, tactics, merits and settlement. Advising on the content of witness statements. Assisting experts to express their opinions clearly. Advising on mediation matters and appearing at mediations. Appearing at trials and subsequent appeals. Property Andrew    Rinker    serves    as    a    director    of    companies    in    the    residential    and    commercial property   development   and   management   business   and   of   companies   in   timber   and   farming. He   is   a   Fellow   of   the   Royal   Institute   of   Chartered   Surveyors   (FRICS).   He   can   advise   on disputes   involving   property   development   and   management,   leases,   property   finance   and syndicate structuring. Regulatory Law Regulation   is   pervasive   and   increasing   in   every   area   of   business   and   human   activity.   It   is becoming   increasingly   complex.      Andrew   Rinker   has   experience   in   certain   specialist   areas of    regulatory    law    including    financial    services,    legal    services,    sport    and    media    and entertainment.   He   advises   and   assists   clients   to   improve   their   working   practices   to   comply with   applicable   regulations.   Mr.   Rinker   explains   relevant   regulations   and   delivers   practical advice   and   efficient   and   economical   solutions   that   ensure   compliance   with   the   minimum   of disruption   to   clients’   businesses.   Where   disputes   are   already   pending,   he   represents   clients at   public   inquiries   or   disciplinary   hearings   and   as   at   any   subsequent   appeals   or   judicial review. Private Client, Trusts and Estates and Taxation Andrew    Rinker    brings    intellectual    ability,    commercial    knowledge    and    discretion    to    his private   client,   trusts   and   estates   and   taxation   work.   He   remains   up   to   date   with   all developments   to   ensure   clients   get   the   best   advice.   His   experience   encompasses   a   wide range   of   non-contentious   and   contentious   trust   work   for   private   clients,   business   and   non- profit   organisations.   Andrew’s   practice   includes   tax   planning,   drafting   wills   and   trusts under    wills    or    lifetime    settlements    and    litigation    concerning    the    administration    and variation of estates and trusts. From   domestic   arrangements   for   the   preservation   and   distribution   of   family   wealth   to complex   tax   and   succession   planning,   Mr.   Rinker   provides   advisory   and   drafting   assistance and   strong   advocacy   skills   in   representation   at   all   stages   of   the   legal   process   where   the matter becomes contentious. His practice includes advice, document drafting and advocacy on: The scope of trustees' powers and duties. Domestic and international probate and trust disputes. Disputes between beneficiaries or with executors or trustees. Inheritance and capital gains tax, including offshore tax planning. Trust and estate taxation generally. The   validity   of   wills   and   applications   under   the   Inheritance   (Provision   for   Family   and Dependants) Act 1975. Professional negligence claims relating to trust administration and tax planning. Charity related issues. Applications to the Court of Protection. Taxation Andrew    Rinker's    work    in    tax    law    extends    to    advice    and    representation    in    company, commercial,   property   and   private   client   matters   and   in   disputes   about   direct   and   indirect taxation.   He   also   has   experience   with   maintenance   funds,   entrepreneur’s   relief   and   other speciality tax situations.
Law Offices of Andrew Rinker 33 St James’s Square London SW1Y 4JS Office: +44 (0) 20 7112 8655 Mobile: +44 (0) 78 8770 2234 Email: andrew@rinker-law.com Linkedin: andrew.rinker.jr@gmail.com