Andrew is a property and commercial litigator who has appeared in courts and tribunals at all levels all the way up to the House of Lords. As a former university lecturer in land law and with 20 years’ experience at the chancery bar, he is frequently involved in complex property and professional negligence litigation.
He is instructed on behalf of claimant and defendant firms. Some of his solicitors’ negligence litigation has attracted considerable media attention. He has been instructed in many solicitors and surveyors negligence claims especially arising out of purchases of land and the conduct of litigation.
Recently, Andrew has lectured on:
- Limitation periods in solicitors’ negligence claims
- Damages recoverable in solicitors’ negligence claims arising out of conveyancing transactions. (Liverpool Law Society Property Conference)
- Professional negligence claims arising out of defective purchases: surveyors, solicitors, SRA issues (Annual Property Law Conference)
Professional Negligence Cases
The following are examples of cases in which Andrew has been recently instructed and/or are ongoing:
A claim involving intricate questions of quantum arising out of a firm’s alleged failure to identify that the land their client was purchasing was subject to rights of common;
A complex claim in which a firm of solicitors is alleged to have failed to advise their client of the consequences of entering a contract to sell land to which she lacked title;
A claim that a firm’s alleged failure to identify the significance of a bankruptcy order against their client resulted in his failing to obtain an assignment of the cause of action with the result that his potential claim was lost;
A claim arising out of a firm’s alleged failure to inform its developer client of a warning provided in a coal and mining search.
A claim in which a purchasing solicitor failed to ensure that the land her client was purchasing was accessible by way of an easement.
A claim alleging that a solicitor negligently handled a complex and high profile piece of litigation resulting in it being discontinued.
Andrew appeared in Bromilow v. Linskills, which received national TV and newspaper coverage. Peter Bromilow had attended the Hillsborough Stadium disaster and instructed solicitors who achieved a £3,000 settlement for PTSD. Andrew represented him in a solicitors’ negligence claim against that firm and recovered £50,000. This led to a couple of hundred claimants coming forward and bringing similar solicitors’ negligence claims arising out of the Hillsborough disaster, with Andrew appearing as lead counsel.
A claim that a solicitor’s handling of a high profile defamation claim was negligent.
A claim arising out of a purchasing solicitor’s failure to ensure that her client’s property had the benefit of a right of way.
REPORTED AND INTERESTING CASES
Daniel James Adams v Thomas James Cecil Jones  UKUT 9 (LC)  1 WLUK 138: leading case on applications for succession tenancies under the Agricultural Holdings Act 1986
Dowse v Bradford Metropolitan Borough Council  UKUT 202 (LC),  6 WLUK 505: adverse possession leading case involving the construction of the para 5(4) condition of sched 6 Land Registration Act 2002.
Anaghara v Anaghara  EWHC 3091 (Ch),  11 WLUK 197 (Zacaroli J): proprietary estoppel and 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