Andrew is a property and commercial litigator of over twenty years’ experience who has appeared in courts and tribunals at all levels all the way up to the House of Lords.
His practice primarily comprises:
- Property litigation of virtually all types (including re estates)
- Professional negligence claims
- Commercial disputes (e.g. contract law and complex Tort Law claims – Economic Torts, Misfeasance in the Public Office etc.)
Andrew’s property litigation practice includes:
- All areas of property law including commercial landlord and tenant, proprietary estoppel, adverse possession, easements, covenants, boundary disputes, sale of land, beneficial interest disputes, property damage (e.g. nuisance and flooding)
- Complex contract disputes including re land development agreements
- Wills, probate and administration of estates
- Partnership disputes especially re farming partnerships.
In addition, Andrew has a busy professional negligence practice, dealing with solicitors and surveyors negligence claims. His solicitors negligence practice is based mainly on claims arising out of conveyancing and related transactions that have gone wrong as well as failed litigation.
He is presently instructed by local authorities in several on-going multi-million pound contract disputes.
REPORTED AND INTERESTING CASES
The Croft (Bickershaw) Ltd v Brian Smith and others  UKUT 339 (LC) – application to discharge restrictive covenants. Burden of proving entitlement to object
Paul Dickson v NFU Mutual Insurance Services Ltd and others  Lawtel 31 August 2017 – solicitors’ liability for costs of litigation between 2 parties whose dispute arose out of the fraud of a former employee of the firm
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)
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
Horton Group Ltd v. Cahill  QBD (HHJ Wood) – strike out, service
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  PILJ 140 and Westlaw 2015 WL 474488: QBD Simler J: 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  Ch D – national newspaper coverage (residential landlord and tenant, ASBO possession claim)
Bromilow v. Linskills  QBD – extensive national newspaper and TV coverage (Solicitors negligence)
Re Higham (a bankrupt)  B.P.I.R. 349 (insolvency, transfer of title to property)
ADDITIONAL RECENT 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.