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:
- Proprietary estoppel, adverse possession, easements, covenants, sale of land
- Nuisance, boundary disputes, mortgages, beneficial interest disputes, possession claims, injunctions
- Landlord & tenant inc: Commercial L&T: e.g. dilapidations, business tenancies, forfeiture and service charges, leasehold enfranchisement
- Estates (wills, probate and administration)
- Land development agreement disputes
- Professional negligence – solicitors and surveyors
- Partnership disputes especially re farming partnerships
- Real estate litigation of all types
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
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.