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 law litigation. Andrew’s property litigation practice extends to:
- Professional negligence – solicitors and surveyors
- Estates (wills, probate and administration)
- Proprietary estoppel, adverse possession, easements, covenants, sale of land
- Landlord & tenant. Inc: Commercial L&T: e.g. dilapidations, business tenancies, forfeiture and Service charges, leasehold enfranchisement
- Nuisance, boundary disputes, mortgages, beneficial interest disputes, possession claims, injunctions
- Land development agreement disputes
- Partnership disputes especially re farming partnerships.
Property & Planning Cases
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
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.