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Andrew Pena

Franchising (UK), Dispute Resolution (Commercial Litigation), Commercial Contracts

Andrew is the founder of Cubism Law and a seasoned entrepreneur.

He is a senior lawyer in Cubism Law’s Dispute Resolution Department and Franchise Group and is regularly recognised as a leader in his field by both Chambers and Legal 500.

Andrew is the founder of Cubism Law and a seasoned entrepreneur. He is a senior lawyer in Cubism Law’s Dispute Resolution Department and Franchise Group and is regularly recognised as a leader in his field by both Chambers and Legal 500.

Andrew is a problem solver and troubleshooter. He brings a highly commercial and creative approach that focuses on finding the best strategy, to establish the best execution to get the best result. He has an enviable record having helped businesses to grow nationally and internationally (particularly through franchising or licensing) through every key stage of their life cycle and been successful in over 90 per cent of his Court applications. He remains undefeated at trial.

Andrew has a broad based expertise that centers on franchising, corporate ventures and commercial litigation. His client base includes major international businesses, high street brands, listed companies, entrepreneurs and owner managed businesses.

Andrew is originally from Galicia in Spain. In his spare time he enjoys sport, studying psychology and pottering around with his family and friends.

Andrew’s work in franchising and litigation has been widely acknowledged:

Chambers & Partners UK 2013 Andrew Pena leads the franchise law practice and is held in high regard by market sources. Commentators describe him as a formidable tactician” who is experienced and knowledgeable in franchising.”

Chambers & Partners UK 2016 The very knowledgeable Andrew Pena is a litigator widely known for fervent defense of clients’ interests. He acts for franchisees and franchisers at home and overseas, often trading under household-name brands.

A large proportion of the Andrew’s practice has an international aspect to it and includes acting for clients from Brazil, Germany, Hong Kong, Portugal and Spain.A large proportion of the Andrew’s practice has an international aspect to it and includes acting for clients from Brazil, Germany, Hong Kong, Portugal and Spain.

Services:

  • 100% success rate in obtaining and enforcing (and/or resisting) search and seizure orders, freezing and non-compete injunctions in multiple jurisdictions. Over 50 applications in the last 25 years
  • Successful defence of US$30 million arbitration claims against a major US restaurant franchisor sued in Germany, the Netherlands and Sweden
  • Successful representation of the winning party in 10 reported franchising cases including:
    • Papa Johns (Gb) Ltd v Elsada Doyley [2011] EWHC 2621 QB
    • Jani-King (GB) Limited v Pula Enterprises & Ors [2007] EWHC 2433 (QB)
  • Defeating Group claim by 16 franchisees by obtaining Judgments against various franchisees for over £700,000
  • Successful defence of £5 million Group claim against major UK franchised cleaning business
  • Successful appeal of £100,000 Arbitral Award
  • Obtaining Summary Judgment for over £320,000 against defaulting franchisee
  • Obtaining Judgment for over £125,000 against defaulting franchisee
  • Obtaining Committal Order (and 2 year suspended prison sentence) for persistent breach of Injunctive Orders
  • Strike out of £100,000 franchisee claim for failure to comply with Court directions
  • Strike out of £60,000 franchisee claim through successful challenge to jurisdiction
  • Lawyer & Founder, Cubism Law
  • 1998-2008 Partner, Field Fisher Waterhouse
  • 2000-1008 Allison & Humphreys
  • 1985-1988 University of Bristol
  • 1981-1985 Thomas Magnus School

Chambers & Partners UK 2013  Andrew Pena leads the franchise law practice and is held in high regard by market sources. Commentators describe him as a formidable tactician” who is experienced and knowledgeable in franchising.”

Chambers & Partners UK 2016  The very knowledgeable Andrew Pena is a litigator widely known for fervent defense of clients’ interests. He acts for franchisees and franchisers at home and overseas, often trading under household-name brands.