Andrew Otchie 2005
  • Areas of Expertise

    Employment
    Crime
    Civil
    Immigration
    Commercial

  • Education

    LL.B. (Hons)
    LL.M. (Banking & Finance Law)
    MCIArb
    MPhil (The University of Hull)

  • Contact Details


    Andrew.Otchie@12os.com

 

Qualifications & Professional Experience
Andrew was called to the Bar by the Honourable Society of Gray’s Inn (November 2005) and practices in Civil, Criminal, Employment and Immigration law. He has an interest in International law, particularly litigation involving commonwealth jurisdictions, and closely follows emerging legal trends from the United States.‭ ‬

Andrew holds the degrees of an LL.B. (Hons) from London South Bank University (2002) and LL.M. (Banking & Finance law) from Queen Mary University of London (2003). He also holds Membership status of the Chartered Institute of Arbitrators (2004) and has completed an Internship at the British Institute of International & Comparative Law (2005) where he contributed to the Bulletin of International Legal Developments (BILD). Andrew passed the New York Bar Exam and was admitted to practice as an Attorney and Counselor-at-Law of New York State (2011). He was also awarded an MPhil degree (by research) from the University of Hull following his study of International law, NATO and the Use of Force (2015). Andrew also takes an active interest in legal training and currently assists students in their advocacy development skills at the The College of Law's Practitioner evenings.

Andrew is a committed Christian. His interests outside the law involve Theology, religion & ethics, travel, and running (in completing the 2005 & 2008 Flora London Marathons he raised money for the Disability Law Service).

Pro-Bono
Andrew’s pro bono work involves undertaking work for the Pro Bono Scheme for Oral Applications to the Court of Appeal (PBS for CoA); he is a member of the ELAAS panel (the Employment Lawyers Appeals Advice Scheme) performing voluntary advocacy for appellants before the Employment Appeal Tribunal; he has undertaken 15 cases on behalf of the Free Representation Unit in Social Security and Employment Tribunals; volunteered for the Bar Pro Bono Unit in Consumer Credit and Criminal Injuries Compensation work, assisted with general advice to the Disability Law Service, and the Royal Courts of Justice and East London Citizen’s Advice Bureaux.‭ ‬

Andrew will consider taking on further pro-bono work in appropriate circumstances, and he is particularly interested to do so in cases that raise important human rights and civil liberties issues.

Notable Cases
Kudulo v Secretary of State [2016] EWCA Civ: Forthcoming appeal before the Court of Appeal –permission granted by Lord Justice Underhill in case concerning the interpretation of eligibility requirements, Appendix FM and the vexed question of, paragraph EX 1 (b) on the ‘insurmountable obstacles’ criterion of the Immigration Rules.

AA (Nigeria) v Secretary of State [2014] EWCA Civ 156: successful in obtaining grant of permission by Lord Justice Christopher Clarke, for an appeal against a decision of the Upper Tribunal. The case concerned an application made by a lawyer for further leave to remain, the interpretation of the Immigration Rules relating to Tier 1 of the Points Based System and the admissibility of specified evidence.

Mayembe v Secretary of State Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: DA/01043/2014: successfully resisted an appeal by the Secretary of State, after appellant’s deportation determined disproportionate on human rights grounds by the First-Tier Tribunal.
http://www.bailii.org/uk/cases/UKAITUR/2015/DA010432014.html

Sobrun v Secretary of State Upper Tribunal (Immigration and Asylum Chamber) Appeal Numbers: IA/43191/2013, IA/43189/2013, IA/43190/2013: successfully resisted an appeal by the Secretary of State and prevented removal of Mauritian family on Human Rights grounds.
http://www.bailii.org/uk/cases/UKAITUR/2014/IA431912013.html

Agyeman v Solicitors Regulation Authority [2012] EWHC 3472 (Admin): appeal part successful in High Court proceedings, overturning a cost award in a judgment from the Solicitors' Disciplinary Tribunal.
“On behalf of the appellant, Mr Otchie has made eloquent and succinct submissions” -Mr. Justice Singh

Oliver v Ultimate Solution Partnership Ltd Appeal No. UKEAT/0142/11/JOJ: successful outcome in disability discrimination case after lengthy tribunal proceedings and a hearing before the Employment Appeal Tribunal.
http://www.employmentappeals.gov.uk/Public/results.aspx?id=6679 or
http://www.bailii.org/uk/cases/UKEAT/2011/0142_11_1608.html



Publications
Andrew is the author of numerous peer refereed journal articles, including:

‘Sharing Something in Common’ Counsel Magazine, March 2016, 31-32
Reflects upon the history, core aims and contemporary relevance of the Commonwealth-in-England Barristers Association.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2740437

‘The Art of Article 5’ Gray's Inn Student Law Journal, p. 151, 2015
This article examines the conditions which permit the use of force, according to article 5 of the NATO Treaty, in the light of the applicable International legal framework, as well as recent developments in political and military affairs. It identifies the legal basis under the NATO Treaty that authorises the use of force as compared to the contemporary threats faced by NATO. The article asks whether article 5 remains relevant, and functional, or is in need of reform. It argues that whilst NATO States continue to possess the legal right to engage in collective self-defence measures, the NATO Treaty’s utility as an International instrument lies in legitimising the doctrine of deterrence, which has thus far prevented large-scale International aggression.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2696258

‘Is Military Law Appealing?’ Criminal Bar Quarterly, Issue 2, Summer 2014 It has been said: ‘Military law is to law what military music is to music’. If this is supposed to mean that military law is boring and lacks imagination, then perhaps it is time to think again. The high profile court martial of Marine A, now known to be Sgt Al Blackman, has brought attention to the military justice system, with strong sentiments being expressed as how the law should treat the Royal Marine, captured unsuspectingly in vivid footage from a headcam, in the blatant killing of a wounded Afghan insurgent. Convicted of murder, with the use of a firearm, by a Court Martial and sentenced to 10 years’ imprisonment, as well as to discharge with disgrace from Her Majesty’s Armed Forces, Sgt Blackman’s case has now received treatment from the Court of Appeal (2014) EWCA Crim 1029.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650127

‘Upping the Anti’ New Law Journal 2013, 163(7572), 18-19, Assesses the Commercial Court judgment in Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd that, where a sale of goods contract provided for all disputes to be resolved by arbitration and the buyer then obtained an anti-suit injunction in Bangladesh, the buyer should be restrained from pursuing Bangladeshi proceedings and was obliged to arbitrate all contractual disputes. Discusses the clarification of the circumstances for the grant of an “anti-anti-suit injunction”. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650698

‘The True Cost of Mistakes’ Solicitors Journal 2013, 157(6), pages 10-11
Reviews case law involving appeals to the Administrative Court against decisions of the Solicitors’ Disciplinary Tribunal. Considers the nature of regulatory proceedings and examines the issue of costs.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650664

‘Killing off lawyers’ Criminal Law & Justice Weekly 2013, 177(13/14), pages 220-221, considers the implications for the legal profession of changes to the regulatory regime for solicitors implemented under the Legal Services Act 2007, including changes to the jurisdiction of the Solicitors Regulation Authority and the granting of full operational independence to the Solicitors Disciplinary Tribunal (SDT). Notes the guidance published by the SDT on the sanctions it imposes.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650561

‘Reaching a Safe Haven in the Law of Duress?’ Criminal Bar Quarterly, Issue 3, Autumn 2013 Welcomes the Court of Appeal ruling in R. v GAC on whether a woman who had suffered from acts of violence at the hands of a man she had been in a relationship with could belatedly rely on the defence of duress because of battered woman syndrome. Comments on the circumstances in which a defendant might raise the defence of duress in relation to criminal conduct for which they might be otherwise liable and considers whether the defendant met the high threshold needed to rely on the defence of duress.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650667

‘Ghana Law - Past, Present & Future’ Counsel Magazine, December 2012 Reflects upon the experience of administering an intestate estate in Ghana as background to a discussion of the history of the legal system in Ghana and the structure of its legal profession.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650705

‘State of Play’ New Law Journal, June 2012 Explains the process by which foreign judgments can be registered in the UK, with reference to the provisions of the Administration of Justice Act 1920 and CPR Pt 74. Considers the factors which will prevent foreign judgments being enforceable within the UK as set out by case law, including the European Court of Justice in Owens Bank Ltd v Bracco (C-129/92), and with reference to academic texts. Notes the evidence which parties need to present when seeking to enforce a foreign judgment.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650787

‘An Irish Blessing’ Criminal Bar Quarterly, Issue 1, Spring 2012
Reports on the topics discussed at the American Bar Association's Section of International Law 2011 Fall Meeting, held in Dublin from 11-15 October. Including an address by the President of Ireland Mary McAleese on Human Rights and contemporary challenges in Irish culture, Election Dispute Resolution, Privatization of Military and Security Functions, Ireland's Arbitration Law, the UK Bribery Act, and "Speed Networking."
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650794

‘A Right to Die?’ Criminal Law & Justice Weekly, Volume 176(4) January 2012, pages 37-38 Reviews the recommendations of the Commission on Assisted Dying. Comparing the proposed regime with the equivalents existing in the Netherlands, Belgium, Switzerland and Oregon, noting that it most resembles this last regime, which does not extend to euthanasia. Discusses the current position of assisted suicide in English law and the moral issues surrounding reform of that position, referring to relevant jurisprudence. Argues that, despite, or because of, the Commission's efforts to resolve the issue of potential patient abuse, the proposals may prove unworkably contradictory.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650800

‘The American Way’ Counsel Magazine, November 2011, pages 17-18, Reflects upon the experience of becoming a New York attorney, focusing on the New York Bar examination and particular issues faced by candidates with a foreign legal education. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650805

‘The Appeal of Summary Jurisdiction’ Criminal Bar Quarterly February 2011, discusses the implications for the administration of justice following the government’s announcement to close approximately one-third of Magistrates’ Courts in England & Wales, including a historical outline of the concept of Summary Jurisdiction.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650832

‘An American Dream’ Counsel Magazine November 2010, discusses developments in American law and practise at the American Bar Association Annual Meeting. Topics include same-sex marriage, marijuana regulation, anticipatory self-defence in International law and the use of Facebook.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650835

Other information
Andrew has completed the Advanced International Advocacy Course, at Keble College, of The University of Oxford (2013).

He was a recipient of Scholarship by the South-Eastern Circuit to attend the Florida Bar Advanced Civil Advocacy Course (2011). Publication available at:
http://southeastcircuit.org.uk/education/transatlantic-advocacy

He is a member of the following professional organisations: the Royal United Services Institute (RUSI); the British Institute of International & Comparative Law (BIICL); the Commonwealth-in-England Barristers’ Association (CEBA); the Chartered Institute of Arbitrators (MCIArb); the School of International Arbitration (SIA); the Employment Law Bar Association (ELBA); the Criminal Bar Association (CBA); the South-Eastern-Circuit (SEC); the Young Legal-Aid Lawyers (YLAL); the Bar Pro-Bono Unit (BPBU); and the Lawyers’ Christian Fellowship (LCF).

Andrew is married, with 1 son and is a member of the Metropolitan Tabernacle (Baptist) Church in London.

Resources