Andrew has a very specialised property litigation practice. He rarely accepts instructions outside that discipline. Accordingly he has extensive experience of almost every aspect of property litigation.
He has appeared in courts and tribunals at all levels all the way up to the House of Lords/Supreme Court.
As a former university lecturer in land law and with 25 years’ experience at the chancery bar, he is frequently involved in complex property litigation. He has appeared in numerous reported decisions and his articles on property law topics have been published extensively, mainly in specialist journals. Andrew’s property litigation practice extends to:
- All aspects of commercial & residential Landlord and Tenant: e.g. dilapidations, business tenancies, forfeiture, service charges, leasehold enfranchisement, agricultural tenancies
- Proprietary estoppel, adverse possession, easements, restrictive covenants, sale of land
- Professional negligence – solicitors and surveyors negligence claims arising out of property transactions
- Nuisance, boundary disputes
- Mortgages, beneficial interest disputes, possession claims
- Estates (wills, probate and administration)
- Land development agreement disputes
- Partnership disputes especially re farming partnerships
- Real estate litigation of all types
REPORTED AND INTERESTING CASES
Daniel James Adams v Thomas James Cecil Jones  1 P.&C.R. DG22: leading case on applications for succession tenancies under the Agricultural Holdings Act 1986
Dowse v Bradford Metropolitan Borough Council  1 P.&C.R. 8: adverse possession leading case involving the construction of the para 5(4) condition of sched 6 Land Registration Act 2002.
Re: Cwmni Rheoli Pentref Marina Conwy Cyfynedig  EWHC 1275 (Ch): whether s. 84(2) of the LPA 1925 (restrictive covenants) can be relied upon in a particular novel situation.
Anaghara v Anaghara  P.&C.R. DG16: proprietary estoppel & probate
Palmer v Rowbottom  HHJ Kramer as s. 9 judge, 4-day trial: implied easements, proprietary estoppel, electricity supply
Bruckfern Ltd v Gillian Whalley (HHJ Hodge QC (s. 9) Ch Div, 2018): trial and appeal on the construction of an option to purchase land with unusual time provisions
Stephanie Brennan v Lawrence Oliver (HHJ Mark Raeside QC (s. 9) 2017): trial of high value Inheritance Act claim
The Croft (Bickershaw) Ltd v Brian Smith and others  UKUT 339 (LC)  8 WLUK 303: application to discharge restrictive covenants. Burden of proving entitlement to object
Paul Dickson v NFU Mutual Insurance Services Ltd and others  6 WLUK 175: solicitors’ liability for costs of litigation between 2 parties whose dispute arose out of the fraud of a former employee of the firm
Black & White v Measures  Ch D (HHJ Bird) 5 day trial: easements, nuisance, development agreement, economic torts, slander of title
Williams & Williams v Blundell, Blundell & Malthouse  MAN/ooCA/OAF/2015/002: imposition of restrictive covenants on purchases of freehold interest under Leasehold Reform Act 1967
District & Urban Housing Ltd v. Persons Unknown : TV and news coverage (claim against “Love Activists” who took over former Bank of England building, Liverpool)
Morgan v. Arriva Northwest and Dures  [QBD] Simler J, PILJ 140, Westlaw 2015 WL 474488: conflicts of interest, strike out
Lafarge Aggregates Ltd. v. Ronald Davies & another  Ch D: option to purchase land, overage
Nick Griffin, British National Party and Simon Darby v. Kenneth Smith  QBD, national newspaper and TV coverage: injunctive relief re BNP membership list
Wirral M.B.C. v. Leighton  national radio and newspaper coverage: residential landlord and tenant, ASBO possession claim
Wirral M.B.C. v. Boden  national newspaper coverage: residential landlord and tenant, ASBO possession claim
Bromilow v. Linskills  QBD – extensive national newspaper and TV coverage: Solicitors negligence, Hillsborough
Re Higham (a bankrupt)  B.P.I.R. 349: insolvency, transfer of title to property
State Bank of India v. Sood  1 W.L.R. 1568 (House of Lords),  Ch 276,  2 W.L.R. 421,  1 All E.R. 63 (Court of Appeal): overreaching of beneficial interests in land
ADDITIONAL RECENT CASES
Andrew’s recent work has included advising and representing clients in the following cases:
Acting for a council in a £5-10 million development dispute.
Acting for a developer in a £20 million development dispute.
Several JSM’s/mediations concerning the winding up of farming partnerships.
Obtained possession of key landmark sites on behalf of a council in order to ensure that a high profile event was able to proceed.
A JSM to settle a claim to three related estates with a total value of several million pounds.
Acting for the seller of development land in a multi-party mediation following the rescission of a contract of sale.
Acting for the purchaser of land subject to rights of common in a solicitors negligence claim arising out of the purchase.
Acting for the purchaser of development land in a claim for professional negligence against its solicitor and architects.
A JSM to settle a claim to a right of way (based on s.62 LPA 1925) with a lengthy, contentious history.
A multi-party JSM in a case brought by a mortgagee seeking relief from forfeiture of a high value commercial lease.
Proprietary estoppel claim to a farming business on the grounds that the owner had promised it to a farmworker.