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Andrew Walker QC

Call: 1991 | Silk: 2011

Overview

Andrew specialises in dispute resolution in the fields of real estate, corporate and commercial disputes, and the duties of professionals.  He is a former Chair of the Bar of England and Wales.

Andrew has depth and breadth of expertise as an advocate and adviser, and appears in courts and tribunals at all levels.  He also accepts appointments as an arbitrator, legal expert or legal assessor, has public inquiry experience, and has been involved in many mediations and other forms of alternative dispute resolution.  He is a member of the panel of adjudicators under the PNBA Professional Negligence Adjudication Scheme, and has been appointed as a statutory arbitrator under the Pubs Code. 

 

Andrew’s main areas of practice are all types of property-related disputes; company/joint venture disputes; commercial and investment disputes; and claims involving professionals and service providers.

He is known for his strong focus on clients’ commercial aims and interests, and the commercial context in which his assistance is sought.  His approach is flexible, but will often involve early in-depth analysis of the strengths, weaknesses, risks and opportunities involved in the situation; assisting in formulating an appropriate strategy; supporting dispute resolution in the most suitable way (including negotiation, mediation, arbitration and litigation); and providing timely and incisive advice on key issues arising in a dispute or potential transaction.

His caseload covers a wide range of business sectors, particularly property investment and development, loan and equity finance, hotel and leisure, retail, transport, infrastructure, utilities, auctioneers, agency, care homes, housing, education, UK and international trade and distribution, telecoms and IT.  He advises and acts for clients in both the UK and internationally, and has acted as an expert witness on English law and as an examiner under letters of request to the English courts.

Video/Audio

To watch Andrew's talk titled 'How will the judicial approach to forfeiture change once the temporary Coronavirus measure is lifted?' for the White Paper's Annual Commercial Property Leases Conference, please visit their website here.  

To see video footage of Andrew's contributions to UK Parliamentary Select Committee hearings click here (House of Commons Committee on Standards, 19 April 2016), here (House of Lords Constitution Committee, 23 November 2016; from 10:54:20), here (House of Commons Justice Committee, 12 June 2018) and here (House of Commons Justice Committee, 23 October 2018).

To listen to his interview with the Chicago-based Legal Talk Network (September 2018), click here and to listen to his interview with Joshua Rozenberg on BBC Radio 4’s Law in Action on 12 June 2018, please click here.  

To see video footage of Andrew's contribution to a European Parliamentary Group seminar in June 2011 on "European Union Property Law - Rights and Wrongs", click here (from around 1:43:40).

Appointments and Awards

  • Recorder (Crime).
  • Queen's Counsel Selection Panel Member, 2020-.
  • Chair of the Bar Council of England & Wales, 2018.
  • Elected member of the Bar Council from 2005 to 2016; Vice-Chair, 2017. Formerly Chair, Ethics Committee; Vice-Chair, Law Reform and Access to the Bar Committees.
  • Bencher of Lincoln’s Inn.
  • Inns of Court Scholar.
  • Wigglesworth, Wolfson and Hardwicke Scholar of Lincoln's Inn.
  • Trinity College, Cambridge Whittaker Scholarship.
  • Trustee of The Industry and Parliament Trust, a charity which seeks to develop mutual understanding between the UK Parliament and the worlds of business and commerce.
  • Trustee of The Conservation Volunteers, a charity which works across the UK connecting people and green spaces.

Terms of Business and Other Information for Clients

The areas of practice in which Andrew most commonly provides legal services, and the legal services that he most commonly provides, are outlined above.  These include acting as an advocate, providing legal advice, and drafting documents in connection with disputes.

The chambers Terms of Business page (here) provides general information on Andrew’s fees and terms of business for instructions from solicitors and other legal professionals (listed here).  His standard terms for those instructions are the Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (updated for the GDPR in 2018).  He usually charges on the basis of the time spent at his applicable hourly rate or an agreed fixed fee, as explained on that page.  Expenses may be charged in addition.  Each piece of work in relation to a case is charged for separately, and he reserves the right to require that fees for specific tasks are agreed separately.  He also reserves the right to require payment of his fees before he accepts any particular instructions.

For instructions from non-legal professionals and others who are entitled to instruct barristers under the Licensed Access Scheme (explained here), and for instructions directly from clients (under the Public Access Scheme), Andrew has different terms of business, which depend on the nature and circumstances of the instructions.

His usual basis of charging under the Licensed Access Scheme is the same as for instructions from solicitors (see above).

His usual basis of charging under the Public Access Scheme is a fixed fee, paid in advance before he accepts the instructions.  Each piece of work in relation to a case is charged for separately.  Expenses may be charged in addition. Fees will include VAT where applicable.  If you are considering instructing Andrew under the Public Access Scheme, please read the Public Access Guidance for Lay Clients on the BSB's website.

For all types of instructions, other pricing models may be available by separate negotiation in individual cases.

Professional, licensed access and public access clients may contact chambers to obtain an estimate or quotation for Andrew’s legal services, as explained here.

If you wish to appoint Andrew as an arbitrator or adjudicator, please contact the clerks for further information. Contact details are set out on the Contact page.

Factors affecting the price for Andrew’s services include his availability, the availability of the client or relevant third parties, the complexity of the case, the amount at stake, the types of issue involved, the importance of the case, the urgency of the case, the amount of information that needs to be reviewed or considered (including the number of documents), the need for additional information or documents, the approach taken by any other parties in the case, the amount of any travel and additional expenses involved, court delays and waiting times, and changes in information or circumstances.

Factors affecting how long it will take for Andrew to complete any work that he is asked to carry out include his availability, the availability of the client or relevant third parties, the time needed to carry out the work, the complexity of the task or the case, the types of issue involved, the urgency of the case, the amount of information that needs to be reviewed or considered (including the number of documents), the need for additional information or documents, the approach taken by any other parties in the case, court delays and waiting times, any ethical issues that may arise, and changes in information or circumstances.

Andrew Walker QC is regulated by the Bar Standards Board.

“He's phenomenally bright and clients love him. He can get to the heart of a really complex matter very quickly.” (2021)

Chambers UK
Real Estate Litigation

“He's a pleasure to deal with, courteous and insightful.” (2021)

Chambers UK
Real Estate Litigation

“Fantastically commercial in his application of the law.” (2020)

Chambers UK
Real Estate Litigation

“First choice for heavyweight matters” (2017)

Chambers UK
Real Estate Litigation

Expertise

Overview

Property disputes and issues of every type in relation to all types of property and in all sectors, including all forms of property and rental valuation disputes.

Property-related disputes concerning corporate, partnership and other joint venture arrangements; finance; development; insolvency; and disposals and acquisitions.

His most recent work has included such matters as:

  • Property and planning promotion disputes relating to greenfield, brownfield and urban development sites/proposals.
  • Company shareholder / joint venture / LLP disputes.
  • Utility rights over development land.
  • Rights of way.
  • The impact of planning and infrastructure proposals.
  • Land valuation.
  • Substantial commercial dilapidations claims.
  • Various commercial and residential leasehold disputes.
  • Applications for landlord’s consent.
  • Ownership and adverse possession.
  • Leasehold enfranchisement in prime central London.
  • Arbitrations under the Pubs Code (as both arbitrator and legal assessor).
  • Restrictive covenant disputes and investigations, and related planning issues.
  • Misrepresentation.
  • Land registration.
  • Tower block cladding.
  • Riverside rights.
  • Rating.
  • Compulsory purchase.

Notable Cases

The following selected matters in the public domain illustrate the range of his past work:

  • The Wellcome Trust v 14 Lennox Gardens Freehold Ltd (FtT (& appeal)) (collective enfranchisement; identification of special purchaser transactions)
  • Allen Kent County Council (Public Inquiry) (pioneer area village green registration application)
  • Holmes v Evans (Court of Appeal) (prescriptive right of way over land held on lease)
  • Zedra Wealth Trustees (Jersey) Ltd v Port Flair Ltd (county court) (adverse possession, spanning old and new land registration regimes)
  • 59-60 Belsize Park Freehold Ltd v Kapoor Investments Ltd (FtT) (acquisition of airspace lease)
  • The Scotts Company (UK) Ltd v Paper Mill Lane Properties Ltd (High Court) (meaning of sale contract regarding payments for environmental remediation works; estoppel by convention)
  • HMV UK Ltd v Retail Plus General Partner Ltd (County Court) (contested retail business tenancy renewal; landlord's redevelopment break rights)
  • Anstruther v Vidas Properties Ltd (Central London CC (Chancery Business)) (disrepair claim in unusual circumstances, with complex valuation issues; specific performance of repairing covenant)
  • Earl Cadogan v Panagopoulos (High Court & Court of Appeal) (leasehold enfranchisement claim; wide-ranging issues concerning validity of a caretaker's flat lease)
  • 31 Cadogan Square Freehold Ltd v Earl Cadogan (Upper Tribunal) (two hearings raising a variety of valuation issues in leasehold enfranchisement claims)
  • Samuel Smith (Southern) Ltd v Howard de Walden Estate (County Court) (two separate lease renewal disputes, focusing on the market rental value of pubs)
  • Panagopoulos v Earl Cadogan (County Court) (enforcement of leasehold enfranchisement terms)
  • Prudential Assurance Company Ltd v Exel UK Ltd (High Court) (validity of tenant's attempt to exercise a break clause in lease of substantial warehouse)
  • BDW Trading Ltd v Somerset County Council (High Court) (whether planning conditions in sale contract were satisfied)
  • Earl Cadogan v Faizapour (Lands Trib) (collective enfranchisement; valuation)
  • Earl Cadogan v Pitts (Lands Trib & House of Lords) (hope value and marriage value in enfranchisement; human rights)
  • Redstone Mortgages v Welch (County Court) (enforceability of residential leaseback rights; estoppel)
  • BPG (Urban) Ltd v Spirit Management Inns Ltd (High Court) (specific performance of repairing covenant)
  • Brompton Estates Nominees v Coffey (County Court) (contested dilapidations trial; forfeiture/relief)
  • Arbib v Earl Cadogan (Lands Trib) (approach to deferment rate in leasehold enfranchisement)
  • Coffey v Brompton Estates Nominees (County Court) (tenant’s liability at lease end for continuing sub-lease under Rent Act 1977)
  • Shirayama Shokusan Co Ltd v Danovo Ltd (High Court) (contested applications concerning mediation of commercial landlord and tenant dispute)
  • Ezekiel v Fraser (High Court) (possessory rights)
  • BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd (High Court & Court of Appeal) (personal covenant in leases; liability for statutory obligations)
  • Meftah v Lloyds TSB Bank plc (High Court) (guarantor's claim that bank/receiver sold drag racing circuit at an undervalue)
  • Ashfield Land (Bartlett Court) Ltd v B. Ratcliffe (Gloucester) Ltd (High Court) (contractual interpretation and priorities under development and finance contracts)
  • Melbury Road Properties 1995 Ltd v Kreidi (County Court) (priority of notice to enfranchise)
  • Bent v High Cliff Developments Ltd (High Court) (interaction between alteration and disrepair covenants relating to specialist glazing)
  • Merriman White v Inner temple (County Court) (possession of business premises; partnership)
  • Homan v Fraser (High Court) (costs in contested Land Registry dispute)
  • City Centre Restaurants (UK) Ltd v Starburst Holdings Ltd (County Court) (opposed lease renewal under LTA 1954 s.30(1)(b))
  • Conn v Ellesmere Properties Ltd (County Court) (recovery of deposit on aborted auction sale)
  • Courage Ltd v CrehanWalker Cain Ltd v McCaughey (High Court & Court of Appeal) (issues of competition law and rights of set off in connection with leases of tied pubs)
  • Stripe v Eastern Electricity plc (High Court) (Electricity Act dispute)
  • Electricity Supply Nominees Ltd v The National Magazine Company Ltd (High Court) (correct approach to damages involving failure of air conditioning and services in office building)
  • Wakefield (Tower Hill Trinity Square) Trust v Janson Green Properties Ltd (High Court) (challenge to rent review arbitration award; estoppel)
  • Goodaston Ltd v Fredk H Burgess plc (High Court) (enforceability of leasehold guarantee)
  • Signet Group PLC v Hammerson UK Properties plc (Court of Appeal) (validity of notice seeking a new business tenancy of retail premises)
  • Dukeminster (Ebbgate House One) Ltd v Somerfield Property Company Ltd (High Court & Court of Appeal) (rectification of lease and construction of complex rent review clause in lease of distribution warehouse)
  • Equatorial Corporation v Shah (High Court) (mortgage claim; validity of redemption statement)
  • UCB Bank plc v Beasley (Court of Appeal) (rights of mortgagee against unpaid seller of leisure business)
  • Yorkbrook Investments Ltd v Tenants of Chiswick Village (County Court) (multi-week trial and follow-on damages assessment hearings in dilapidations dispute between landlord and owners of a large number of flats on a significant residential estate in south west London)

Overview

Andrew’s most recent work has included claims relating to property joint ventures, contentious directorship appointments, receiverships and asset recovery, and duties arising on own-share acquisitions. 

Notable Cases

The following selected matters in the public domain illustrate the range of his past work:

  • Jackson v Feeney (High Court & Court of Appeal) (beneficial ownership of shares)
  • Shah v Shah & Mister Dee International plc (High Court) (company shareholder dispute)
  • BDO Stoy Hayward v JJB Sports (High Court) (managing director’s authority to enter into contract)
  • Marsh v Marsh & Time Critical International Ltd (High Court) (dispute over ownership of transport business)
  • Re DaimlerChrysler AG Securities Litigation (High Court) (contested evidence-gathering for purposes of substantial securities litigation in Delaware, USA)
  • Shah v Shah (High Court) (company shareholder dispute)

Overview

Claims of all types (including negligence, fraud and breaches of fiduciary duty) against professionals (non-medical) and commercial service providers.

His most recent work has included such matters as:

  • A series of £multi-million claims against solicitors relating to a wide range of financial and real estate transactions, with partnership and indemnity insurance complications.
  • A series of £multi-million claims against solicitors relating to off-plan real estate transactions.
  • A £multi-million claim against a range of advisers for development scheme losses and consequential losses.

Notable Cases

The following matters in the public domain illustrate the range of professionals involved in his past work:

  • Webb Resolutions Ltd v JV Ltd (t/a Shepherd Surveyors) (High Court) (property valuers)
  • Green & Grant v Alexander Johnson (High Court) (barrister)
  • Slattery v Moore Stephens (High Court) (personal tax advisers)
  • Platform Home Loans Ltd v Oyston Shipways Ltd (High Court, Court of Appeal, House of Lords) (correct approach to contributory negligence)
  • Woolwich plc v Cook Taylor (successful defence of conveyancing solicitors)
  • Yaffe v Silverstone (High Court) (actuaries)

Overview

General commercial and investment disputes in a wide range of business sectors, including property investment and development, loan and equity finance, hotel and leisure, retail, transport, infrastructure, utilities, auctioneers, agency, care homes, housing, education, UK and international trade and distribution, telecoms and IT.

Also:

  • Disputes focusing on asset values: e.g. property assets, financial assets, investment portfolios, companies, shareholdings, businesses, pension funds, and art works.
  • Civil fraud and asset recovery.
  • Contentious insolvency linked to his other practice areas.

Notable Cases

The following selected matters in the public domain show his range of past work:

  • The Scotts Company (UK) Ltd v Paper Mill Lane Properties Ltd (High Court) (interpretation of contract for sale of development land regarding payments for environmental remediation works; estoppel)
  • Scheldebouw (UK) Ltd v Hamilton (High Court) (fraudulent agent)
  • BDO Stoy Hayward v JJB Sports (High Court) (director’s authority to enter into contract)
  • Economy Power v Utilities International Ltd (High Court) (commercial agency)
  • Clydesdale Bank plc v Beechwood Properties (Pedmore) Ltd (High Court) (asset recovery relating to monies lent for property purchase and development)
  • Ransom v HMRC (Special Commissioners) (filing of tax return by agent)
  • Holmes v Senad Holdings Ltd (High Court) (breach of warranty in business sale)
  • Re DaimlerChrysler AG Securities Litigation (High Court) (contested evidence-gathering for purposes of substantial securities litigation in Delaware, USA)
  • Meftah v Lloyds TSB Bank plc (High Court) (guarantor's claim that bank/receiver sold drag racing circuit at an undervalue)
  • Ashfield Land (Bartlett Court) Ltd v B. Ratcliffe (Gloucester) Ltd (High Court) (contractual interpretation and priorities under development and finance contracts)
  • Yaffe v Silverstone (High Court) (challenge to actuary’s certificate)
  • Goodaston Ltd v Fredk H Burgess plc (High Court) (enforceability of guarantee)
  • Equatorial Corporation v Shah (High Court) (mortgage claim; validity of redemption statement)
  • UCB Bank plc v Beasley (Court of Appeal) (rights of mortgagee against unpaid seller of hospitality business)

Directory quotes

Chambers UK
Real Estate Litigation

“He's phenomenally bright and clients love him. He can get to the heart of a really complex matter very quickly." "He's a pleasure to deal with, courteous and insightful." "Seriously intelligent with a deep knowledge of his subject.” (2021)

Chambers UK
Real Estate Litigation

“Fantastically commercial in his application of the law." "He drafts brilliantly.” (2020)

Chambers UK
Real Estate Litigation

“Phenomenally intelligent and extremely commercial.” (2019)

 

Chambers UK
Real Estate Litigation

“He has a great eye for detail, and he's analytical with a commercial spin.” (2018)

Chambers UK
Real Estate Litigation

“Good attention to detail and commercially minded." "First choice for heavyweight matters requiring more seniority.” (2017)

Legal 500 UK
Property Litigation

“Brings company, commercial and professional negligence expertise to property disputes.” (2021)

Legal 500 UK
Property Litigation

“He has an experienced grasp of the commercial imperatives.” (2020)

Legal 500 UK
Property Litigation

“Very intelligent and yet exceptionally commercial.” (2018)

Legal 500 UK
Property Litigation

“He has a forensic approach, combined with a clear understanding of the commercial context.” (2017)

Legal 500 UK
Property Litigation

“Good at mining every possible argument and very easy to get on with.” (2016)

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Andrew Walker QC

Call: 1991 | Silk: 2011

“He's phenomenally bright and clients love him. He can get to the heart of a really complex matter very quickly.” (2021)

Chambers UK

Real Estate Litigation

Overview

Andrew specialises in dispute resolution in the fields of real estate, corporate and commercial disputes, and the duties of professionals.  He is a former Chair of the Bar of England and Wales.

Andrew has depth and breadth of expertise as an advocate and adviser, and appears in courts and tribunals at all levels.  He also accepts appointments as an arbitrator, legal expert or legal assessor, has public inquiry experience, and has been involved in many mediations and other forms of alternative dispute resolution.  He is a member of the panel of adjudicators under the PNBA Professional Negligence Adjudication Scheme, and has been appointed as a statutory arbitrator under the Pubs Code. 

Andrew’s main areas of practice are all types of property-related disputes; company/joint venture disputes; commercial and investment disputes; and claims involving professionals and service providers.

He is known for his strong focus on clients’ commercial aims and interests, and the commercial context in which his assistance is sought.  His approach is flexible, but will often involve early in-depth analysis of the strengths, weaknesses, risks and opportunities involved in the situation; assisting in formulating an appropriate strategy; supporting dispute resolution in the most suitable way (including negotiation, mediation, arbitration and litigation); and providing timely and incisive advice on key issues arising in a dispute or potential transaction.

His caseload covers a wide range of business sectors, particularly property investment and development, loan and equity finance, hotel and leisure, retail, transport, infrastructure, utilities, auctioneers, agency, care homes, housing, education, UK and international trade and distribution, telecoms and IT.  He advises and acts for clients in both the UK and internationally, and has acted as an expert witness on English law and as an examiner under letters of request to the English courts.

Video/Audio

To watch Andrew's talk titled 'How will the judicial approach to forfeiture change once the temporary Coronavirus measure is lifted?' for the White Paper's Annual Commercial Property Leases Conference, please visit their website here.  

To see video footage of Andrew's contributions to UK Parliamentary Select Committee hearings click here (House of Commons Committee on Standards, 19 April 2016), here (House of Lords Constitution Committee, 23 November 2016; from 10:54:20), here (House of Commons Justice Committee, 12 June 2018) and here (House of Commons Justice Committee, 23 October 2018).

To listen to his interview with the Chicago-based Legal Talk Network (September 2018), click here and to listen to his interview with Joshua Rozenberg on BBC Radio 4’s Law in Action on 12 June 2018, please click here.  

To see video footage of Andrew's contribution to a European Parliamentary Group seminar in June 2011 on "European Union Property Law - Rights and Wrongs", click here (from around 1:43:40).

Appointments and Awards

  • Recorder (Crime).
  • Queen's Counsel Selection Panel Member, 2020-.
  • Chair of the Bar Council of England & Wales, 2018.
  • Elected member of the Bar Council from 2005 to 2016; Vice-Chair, 2017. Formerly Chair, Ethics Committee; Vice-Chair, Law Reform and Access to the Bar Committees.
  • Bencher of Lincoln’s Inn.
  • Inns of Court Scholar.
  • Wigglesworth, Wolfson and Hardwicke Scholar of Lincoln's Inn.
  • Trinity College, Cambridge Whittaker Scholarship.
  • Trustee of The Industry and Parliament Trust, a charity which seeks to develop mutual understanding between the UK Parliament and the worlds of business and commerce.
  • Trustee of The Conservation Volunteers, a charity which works across the UK connecting people and green spaces.

Terms of Business and Other Information for Clients

The areas of practice in which Andrew most commonly provides legal services, and the legal services that he most commonly provides, are outlined above.  These include acting as an advocate, providing legal advice, and drafting documents in connection with disputes.

The chambers Terms of Business page (here) provides general information on Andrew’s fees and terms of business for instructions from solicitors and other legal professionals (listed here).  His standard terms for those instructions are the Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (updated for the GDPR in 2018).  He usually charges on the basis of the time spent at his applicable hourly rate or an agreed fixed fee, as explained on that page.  Expenses may be charged in addition.  Each piece of work in relation to a case is charged for separately, and he reserves the right to require that fees for specific tasks are agreed separately.  He also reserves the right to require payment of his fees before he accepts any particular instructions.

For instructions from non-legal professionals and others who are entitled to instruct barristers under the Licensed Access Scheme (explained here), and for instructions directly from clients (under the Public Access Scheme), Andrew has different terms of business, which depend on the nature and circumstances of the instructions.

His usual basis of charging under the Licensed Access Scheme is the same as for instructions from solicitors (see above).

His usual basis of charging under the Public Access Scheme is a fixed fee, paid in advance before he accepts the instructions.  Each piece of work in relation to a case is charged for separately.  Expenses may be charged in addition. Fees will include VAT where applicable.  If you are considering instructing Andrew under the Public Access Scheme, please read the Public Access Guidance for Lay Clients on the BSB's website.

For all types of instructions, other pricing models may be available by separate negotiation in individual cases.

Professional, licensed access and public access clients may contact chambers to obtain an estimate or quotation for Andrew’s legal services, as explained here.

If you wish to appoint Andrew as an arbitrator or adjudicator, please contact the clerks for further information. Contact details are set out on the Contact page.

Factors affecting the price for Andrew’s services include his availability, the availability of the client or relevant third parties, the complexity of the case, the amount at stake, the types of issue involved, the importance of the case, the urgency of the case, the amount of information that needs to be reviewed or considered (including the number of documents), the need for additional information or documents, the approach taken by any other parties in the case, the amount of any travel and additional expenses involved, court delays and waiting times, and changes in information or circumstances.

Factors affecting how long it will take for Andrew to complete any work that he is asked to carry out include his availability, the availability of the client or relevant third parties, the time needed to carry out the work, the complexity of the task or the case, the types of issue involved, the urgency of the case, the amount of information that needs to be reviewed or considered (including the number of documents), the need for additional information or documents, the approach taken by any other parties in the case, court delays and waiting times, any ethical issues that may arise, and changes in information or circumstances.

Andrew Walker QC is regulated by the Bar Standards Board.

Real Estate

Property disputes and issues of every type in relation to all types of property and in all sectors, including all forms of property and rental valuation disputes.

Property-related disputes concerning corporate, partnership and other joint venture arrangements; finance; development; insolvency; and disposals and acquisitions.

His most recent work has included such matters as:

  • Property and planning promotion disputes relating to greenfield, brownfield and urban development sites/proposals.
  • Company shareholder / joint venture / LLP disputes.
  • Utility rights over development land.
  • Rights of way.
  • The impact of planning and infrastructure proposals.
  • Land valuation.
  • Substantial commercial dilapidations claims.
  • Various commercial and residential leasehold disputes.
  • Applications for landlord’s consent.
  • Ownership and adverse possession.
  • Leasehold enfranchisement in prime central London.
  • Arbitrations under the Pubs Code (as both arbitrator and legal assessor).
  • Restrictive covenant disputes and investigations, and related planning issues.
  • Misrepresentation.
  • Land registration.
  • Tower block cladding.
  • Riverside rights.
  • Rating.
  • Compulsory purchase.

The following selected matters in the public domain illustrate the range of his past work:

  • The Wellcome Trust v 14 Lennox Gardens Freehold Ltd (FtT (& appeal)) (collective enfranchisement; identification of special purchaser transactions)
  • Allen Kent County Council (Public Inquiry) (pioneer area village green registration application)
  • Holmes v Evans (Court of Appeal) (prescriptive right of way over land held on lease)
  • Zedra Wealth Trustees (Jersey) Ltd v Port Flair Ltd (county court) (adverse possession, spanning old and new land registration regimes)
  • 59-60 Belsize Park Freehold Ltd v Kapoor Investments Ltd (FtT) (acquisition of airspace lease)
  • The Scotts Company (UK) Ltd v Paper Mill Lane Properties Ltd (High Court) (meaning of sale contract regarding payments for environmental remediation works; estoppel by convention)
  • HMV UK Ltd v Retail Plus General Partner Ltd (County Court) (contested retail business tenancy renewal; landlord's redevelopment break rights)
  • Anstruther v Vidas Properties Ltd (Central London CC (Chancery Business)) (disrepair claim in unusual circumstances, with complex valuation issues; specific performance of repairing covenant)
  • Earl Cadogan v Panagopoulos (High Court & Court of Appeal) (leasehold enfranchisement claim; wide-ranging issues concerning validity of a caretaker's flat lease)
  • 31 Cadogan Square Freehold Ltd v Earl Cadogan (Upper Tribunal) (two hearings raising a variety of valuation issues in leasehold enfranchisement claims)
  • Samuel Smith (Southern) Ltd v Howard de Walden Estate (County Court) (two separate lease renewal disputes, focusing on the market rental value of pubs)
  • Panagopoulos v Earl Cadogan (County Court) (enforcement of leasehold enfranchisement terms)
  • Prudential Assurance Company Ltd v Exel UK Ltd (High Court) (validity of tenant's attempt to exercise a break clause in lease of substantial warehouse)
  • BDW Trading Ltd v Somerset County Council (High Court) (whether planning conditions in sale contract were satisfied)
  • Earl Cadogan v Faizapour (Lands Trib) (collective enfranchisement; valuation)
  • Earl Cadogan v Pitts (Lands Trib & House of Lords) (hope value and marriage value in enfranchisement; human rights)
  • Redstone Mortgages v Welch (County Court) (enforceability of residential leaseback rights; estoppel)
  • BPG (Urban) Ltd v Spirit Management Inns Ltd (High Court) (specific performance of repairing covenant)
  • Brompton Estates Nominees v Coffey (County Court) (contested dilapidations trial; forfeiture/relief)
  • Arbib v Earl Cadogan (Lands Trib) (approach to deferment rate in leasehold enfranchisement)
  • Coffey v Brompton Estates Nominees (County Court) (tenant’s liability at lease end for continuing sub-lease under Rent Act 1977)
  • Shirayama Shokusan Co Ltd v Danovo Ltd (High Court) (contested applications concerning mediation of commercial landlord and tenant dispute)
  • Ezekiel v Fraser (High Court) (possessory rights)
  • BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd (High Court & Court of Appeal) (personal covenant in leases; liability for statutory obligations)
  • Meftah v Lloyds TSB Bank plc (High Court) (guarantor's claim that bank/receiver sold drag racing circuit at an undervalue)
  • Ashfield Land (Bartlett Court) Ltd v B. Ratcliffe (Gloucester) Ltd (High Court) (contractual interpretation and priorities under development and finance contracts)
  • Melbury Road Properties 1995 Ltd v Kreidi (County Court) (priority of notice to enfranchise)
  • Bent v High Cliff Developments Ltd (High Court) (interaction between alteration and disrepair covenants relating to specialist glazing)
  • Merriman White v Inner temple (County Court) (possession of business premises; partnership)
  • Homan v Fraser (High Court) (costs in contested Land Registry dispute)
  • City Centre Restaurants (UK) Ltd v Starburst Holdings Ltd (County Court) (opposed lease renewal under LTA 1954 s.30(1)(b))
  • Conn v Ellesmere Properties Ltd (County Court) (recovery of deposit on aborted auction sale)
  • Courage Ltd v CrehanWalker Cain Ltd v McCaughey (High Court & Court of Appeal) (issues of competition law and rights of set off in connection with leases of tied pubs)
  • Stripe v Eastern Electricity plc (High Court) (Electricity Act dispute)
  • Electricity Supply Nominees Ltd v The National Magazine Company Ltd (High Court) (correct approach to damages involving failure of air conditioning and services in office building)
  • Wakefield (Tower Hill Trinity Square) Trust v Janson Green Properties Ltd (High Court) (challenge to rent review arbitration award; estoppel)
  • Goodaston Ltd v Fredk H Burgess plc (High Court) (enforceability of leasehold guarantee)
  • Signet Group PLC v Hammerson UK Properties plc (Court of Appeal) (validity of notice seeking a new business tenancy of retail premises)
  • Dukeminster (Ebbgate House One) Ltd v Somerfield Property Company Ltd (High Court & Court of Appeal) (rectification of lease and construction of complex rent review clause in lease of distribution warehouse)
  • Equatorial Corporation v Shah (High Court) (mortgage claim; validity of redemption statement)
  • UCB Bank plc v Beasley (Court of Appeal) (rights of mortgagee against unpaid seller of leisure business)
  • Yorkbrook Investments Ltd v Tenants of Chiswick Village (County Court) (multi-week trial and follow-on damages assessment hearings in dilapidations dispute between landlord and owners of a large number of flats on a significant residential estate in south west London)

Company, Partnerships & LLPs

Andrew’s most recent work has included claims relating to property joint ventures, contentious directorship appointments, receiverships and asset recovery, and duties arising on own-share acquisitions. 

The following selected matters in the public domain illustrate the range of his past work:

  • Jackson v Feeney (High Court & Court of Appeal) (beneficial ownership of shares)
  • Shah v Shah & Mister Dee International plc (High Court) (company shareholder dispute)
  • BDO Stoy Hayward v JJB Sports (High Court) (managing director’s authority to enter into contract)
  • Marsh v Marsh & Time Critical International Ltd (High Court) (dispute over ownership of transport business)
  • Re DaimlerChrysler AG Securities Litigation (High Court) (contested evidence-gathering for purposes of substantial securities litigation in Delaware, USA)
  • Shah v Shah (High Court) (company shareholder dispute)

Professional Negligence

Claims of all types (including negligence, fraud and breaches of fiduciary duty) against professionals (non-medical) and commercial service providers.

His most recent work has included such matters as:

  • A series of £multi-million claims against solicitors relating to a wide range of financial and real estate transactions, with partnership and indemnity insurance complications.
  • A series of £multi-million claims against solicitors relating to off-plan real estate transactions.
  • A £multi-million claim against a range of advisers for development scheme losses and consequential losses.

The following matters in the public domain illustrate the range of professionals involved in his past work:

  • Webb Resolutions Ltd v JV Ltd (t/a Shepherd Surveyors) (High Court) (property valuers)
  • Green & Grant v Alexander Johnson (High Court) (barrister)
  • Slattery v Moore Stephens (High Court) (personal tax advisers)
  • Platform Home Loans Ltd v Oyston Shipways Ltd (High Court, Court of Appeal, House of Lords) (correct approach to contributory negligence)
  • Woolwich plc v Cook Taylor (successful defence of conveyancing solicitors)
  • Yaffe v Silverstone (High Court) (actuaries)

Commercial & Investment Disputes

General commercial and investment disputes in a wide range of business sectors, including property investment and development, loan and equity finance, hotel and leisure, retail, transport, infrastructure, utilities, auctioneers, agency, care homes, housing, education, UK and international trade and distribution, telecoms and IT.

Also:

  • Disputes focusing on asset values: e.g. property assets, financial assets, investment portfolios, companies, shareholdings, businesses, pension funds, and art works.
  • Civil fraud and asset recovery.
  • Contentious insolvency linked to his other practice areas.

The following selected matters in the public domain show his range of past work:

  • The Scotts Company (UK) Ltd v Paper Mill Lane Properties Ltd (High Court) (interpretation of contract for sale of development land regarding payments for environmental remediation works; estoppel)
  • Scheldebouw (UK) Ltd v Hamilton (High Court) (fraudulent agent)
  • BDO Stoy Hayward v JJB Sports (High Court) (director’s authority to enter into contract)
  • Economy Power v Utilities International Ltd (High Court) (commercial agency)
  • Clydesdale Bank plc v Beechwood Properties (Pedmore) Ltd (High Court) (asset recovery relating to monies lent for property purchase and development)
  • Ransom v HMRC (Special Commissioners) (filing of tax return by agent)
  • Holmes v Senad Holdings Ltd (High Court) (breach of warranty in business sale)
  • Re DaimlerChrysler AG Securities Litigation (High Court) (contested evidence-gathering for purposes of substantial securities litigation in Delaware, USA)
  • Meftah v Lloyds TSB Bank plc (High Court) (guarantor's claim that bank/receiver sold drag racing circuit at an undervalue)
  • Ashfield Land (Bartlett Court) Ltd v B. Ratcliffe (Gloucester) Ltd (High Court) (contractual interpretation and priorities under development and finance contracts)
  • Yaffe v Silverstone (High Court) (challenge to actuary’s certificate)
  • Goodaston Ltd v Fredk H Burgess plc (High Court) (enforceability of guarantee)
  • Equatorial Corporation v Shah (High Court) (mortgage claim; validity of redemption statement)
  • UCB Bank plc v Beasley (Court of Appeal) (rights of mortgagee against unpaid seller of hospitality business)