Property and Planning
Andrew undertakes a wide variety of property work and has done so throughout his time at the Bar. He is one of the first ports of call for such work on the Northern Circuit and he practises nationally. His workload includes advocacy, advice and drafting in relation to the following:
- The construction and operation of complex documents and arrangements such as options, development agreements and the like
- Property transactions and the devolution of property rights in insolvency situations
- Commercial, residential and agricultural leasehold matters, including the construction, termination and renewal of the same
- Lease renewal, rent review, forfeiture, possession and dilapidation claims
- The enforcement of covenants and the pursuit of former tenants and guarantors
- Easement, boundary and conveyancing disputes, particularly in the context of the ability to develop land
- Mortgages;
- Professional negligence claims arising from property transactions and management, including against solicitors and surveyors
- Trust and probate matters, including disputes as to the beneficial interests in property and proprietary estoppel;
- Injunctive relief in relation to the use, misuse and disposition of property
Andrew is regularly instructed by major development companies and large-scale landlords as well as private individuals and others. His clients include large landowners around the country.
He has experience of appearing in every court up to and including the Court of Appeal in relation to property matters. He regularly appears in the various Tribunals associated with property claims.
Andrew’s vast experience of insolvency law and commercial litigation also assist when these matters coalesce, and he has dealt with many cases where property and insolvency issues have become interlinked.
Andrew strives in every case to respond promptly to the needs of his client and provide the best practical and commercial solution to property related problems. Andrew has been described as “very thorough, with a good handle on difficult situations” in the legal directories. He brings an “attention to detail, ability to breakdown complex issues and discuss with the client in a meaningful way, honest and clear advice” to his work. He has consistently been recommended in the legal directories since 2007.
Andrew’s expertise has led to a number of presentations on property topics to professional audiences. Most recently he has talked alongside Business & Property Court Judges on the subjects of freezing and proprietary injunctions.
October 2020: “Restrictive Covenants in Leases and Restraint of Trade: the Supreme Court’s Change of Mind” PLC Magazine
March 2021: “Proprietary Estoppel and the Interface with Property Contracts”: Lexis Nexis
April 2021: “Propriety Estoppel and the Relationship with Oral Contracts”: Trusts and Estates Law and Tax Journal
Andrew also acts in property cases as a member of the Attorney General’s Regional A Panel. In 2023 he was appointed as a member of the Legal Services Panel of the Government of the Virgin Islands.
Property & Planning Cases
Andrew’s recent reported cases in a property sphere include:
Hope Capital 2 Ltd v Jones [2024] EWHC 1308 (Ch): successfully resisting an appeal against the entry of summary judgment for over £2.5 million against the Defendant guarantor (represented by two counsel) where various issues were raised about the enforceability and continuing validity of the guarantee relied upon and its interplay with legal charges in place.
Howe v Gossop [2021] EWHC 637 (Ch): successfully resisting an appeal following a 5 day trial concerning proprietary estoppel and entitlement to land at which Andrew had also represented the successful party.
Toomey and Grafton v Gibbons [2014] UKFTT 0394 (PC): a successful claim in relation to easements and prescriptive rights including the right to park
Redrow Homes (Midlands) Ltd and others v Hothi and others [2012] L&TR 8: successful appeal to the Upper Tribunal in relation to the construction and operation of service charge provisions.
Doran v Liverpool City Council [2009] 1 WLR 2365: appeal concerning licences and local authority duties
Mortgages 1Ltd v Wong LTL 1/10/08: four day trial in relation to whether a party with cerebral palsy was bound by a mortgage or whether it was liable to be set aside for undue influence or due to non est factum along with a negligence claim against the solicitors involved in the transaction.
London Borough of Lambeth and Hyde Southbank Ltd v O’Kane [2005] EWCA 1010: conjoined appeals on issues of landlord and tenant, the creation of tenancies and their statutory status
Andrew’s other recent or ongoing property cases include:
Representing a successful party in a five day High Court trial concerning the existence and scope of rights of way over school land and the ability of these to be restricted by the school on grounds of alleged security. Andrew advised and represented the same client from the start of proceedings through to its success at trial including in the successful avoidance of an interim injunction that had been sought.
Acting for a major housing provider in two sets of proceedings by and against a university (represented by leading and junior counsel) relating to payment terms when properties were empty due to Covid-19 restrictions and also as to the impact of the extended limitation periods introduced by Building Safety Act 2022 on a claim based upon the original design of the same.
Advising and representing a BVI company in relation to the validity and scope of its charges over property within the UK and in other jurisdictions.
Advising and representing a major UK developer in relation to the enforceability of an option agreement over substantial land and securing compliance with the same.
Representing the Claimant in relation to jurisdictional issues as to whether proceedings relating to a failed contract for the marketing of a Cypriot property development should be determined in the UK or Cyprus.
