Property
Andrew Williams is a true specialist, practising exclusively in Real Estate litigation. Accordingly he has extensive experience of almost every type of property dispute.
Chambers and Partners 2024 describes him as a “formidable advocate” and states that his “knowledge of property law is second to none”.
He has appeared in courts and tribunals at all levels all the way up to and including the House of Lords/Supreme Court.
As a former university lecturer in land law and with over 25 years’ experience at the Chancery bar, he is frequently involved in complex property litigation. He has appeared in numerous reported decisions and his articles on property law topics have been published extensively, mainly in specialist journals.
During 2024 alone, Andrew’s work has included and will include:
- A 5-day trial against a chancery silk listed for December 2024 (landlord and tenant covenants)
- Succeeding in a trial against a chancery silk (land development agreement, sale of land)
- Winning an appeal in the Court of Appeal, leading a junior (probate-based dispute)
- Conducting a 4-day trial (re the meaning of statutory provisions concerning adverse possession)
- Succeeding in a complex relief from forfeiture application at a lengthy contested hearing against almost 50 defendants
- Succeeding at the trial of an unusual constructive trust and proprietary estoppel claim
- An appeal listed for November 2024 (s. 2, Law of Property (Miscellaneous Provisions) Act 1989, proprietary estoppel and constructive trusts)
Andrew’s practice extends to virtually all aspects of property litigation including:
- Commercial & residential Landlord and Tenant: e.g. dilapidations, business tenancies, forfeiture, service charges, leasehold enfranchisement, agricultural tenancies
- Proprietary estoppel, adverse possession, restrictive covenants, beneficial interest disputes
- Solicitors negligence claims arising out of property transactions
- Nuisance, boundary disputes, easements, possession claims
- Property-based estates disputes and partnership disputes
- Overage, options, sale of land and land development disputes
Cases
REPORTED AND INTERESTING CASES
Raja & others v Holden & others [2024] Commercial Court (KBD), HHJ Halliwell sitting as high court judge: disposal hearing arising out of trial of deceit/fraudulent misrepresentation claim re purchase of development property. (Trial on liability is reported at [2022] EWHC 3085 (Comm) and Estates Gazette (17 Dec 2022, PP 2022/218))
Brealey v Shepherd & Co [2024] EWCA Civ 303: leading Court of Appeal case re executors’ costs of administering an estate comprising a high value property
Wroot Council v Nightingale and others (2024) REF/2020/0179 & REF/2022/0605: adverse possession claim arising out of payment of rent under tenancies granted by squatter
Severn Trent Water Ltd v Morgan (2023) REF 2021/10: rectification of transfer under s. 108(2) Land Registration Act 2002
Daniel James Adams v Thomas James Cecil Jones [2021] 1 P.&C.R. DG22: leading case on applications for succession tenancies under the Agricultural Holdings Act 1986
Dowse v Bradford Metropolitan Borough Council [2021] 1 P.&C.R. 8: adverse possession leading case involving the construction of the para 5(4) condition of sched 6 Land Registration Act 2002.
Re: Cwmni Rheoli Pentref Marina Conwy Cyfynedig [2021] EWHC 1275 (Ch): whether s. 84(2) of the LPA 1925 (restrictive covenants) can be relied upon in a particular novel situation.
Anaghara v Anaghara [2021] P.&C.R. DG16: proprietary estoppel & probate
Palmer v Rowbottom [2020] 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 [2017] UKUT 339 (LC) [2017] 8 WLUK 303: application to discharge restrictive covenants. Burden of proving entitlement to object
Paul Dickson v NFU Mutual Insurance Services Ltd and others [2017] 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 [2016] Ch D (HHJ Bird) 5 day trial: easements, nuisance, development agreement, economic torts, slander of title
Williams & Williams v Blundell, Blundell & Malthouse [2016] 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 [2015]: TV and news coverage (claim against “Love Activists” who took over former Bank of England building, Liverpool)
Morgan v. Arriva Northwest and Dures [2015] [QBD] Simler J, PILJ 140, Westlaw 2015 WL 474488: conflicts of interest, strike out
Lafarge Aggregates Ltd. v. Ronald Davies & another [2012] Ch D: option to purchase land, overage
Nick Griffin, British National Party and Simon Darby v. Kenneth Smith [2012] QBD, national newspaper and TV coverage: injunctive relief re BNP membership list
Wirral M.B.C. v. Leighton [2006] national radio and newspaper coverage: residential landlord and tenant, ASBO possession claim
Wirral M.B.C. v. Boden [2003] national newspaper coverage: residential landlord and tenant, ASBO possession claim
Bromilow v. Linskills [2000] QBD – extensive national newspaper and TV coverage: Solicitors negligence, Hillsborough
Re Higham (a bankrupt) [1997] B.P.I.R. 349: insolvency, transfer of title to property
State Bank of India v. Sood [1997] 1 W.L.R. 1568 (House of Lords), [1997] Ch 276, [1997] 2 W.L.R. 421, [1997] 1 All E.R. 63 (Court of Appeal): overreaching of beneficial interests in land
