Andrew is regularly instructed in commercial cases, particularly involving contractual and insurance issues, sale and supply of goods and services, and/or cross-border and jurisdictional points. 

He has particular expertise in regulatory matters and financial services.

Recent example cases include:-

• Rahman v HSBC Bank plc [2012] EWHC 11 (Ch) – banking and finance – commercial property portfolio – appointment of receivers – cross-default clauses – unfair relationship
• Mahdi v Nurie [2011] EWHC 1545 (QB) – business law - defeating bogus claim for repayment of loan of £600,000
• A v B – commercial arbitration under UCITRAL Rules – supply of goods and services under long-term development contract – quality and delay issues – cross-claim for repayment of price paid in instalments
• First Credit v Hill (Ch D, April 2011) – restraining presentation of winding up petition – cross-border and jurisdictional issues – compliance with Consumer Credit Act 1974
• Futurcom v Force India Formula One Team (QBD, Jan 2011) – Judgments Regulation – conflict of laws – jurisdiction- claim for rectification of compromise agreement
• Patel v Patel [2009] EWHC 3264 (QB) – financial and business law - commercial loan agreement – consumer credit – unfair relationships provisions of Consumer Credit Act – limitation
  

Real property and landlord and tenant disputes, including business tenancies, dilapidations, lease renewals, service charges, easements and covenants, trusts of land and beneficial interests, undue influence, boundaries, adverse possession, land registration, nuisance, party walls.

Related professional liability and insolvency issues, particularly property insurance and claims involving property professionals, solicitors, licensed conveyancers, insurance brokers and accountants.

Andrew has been recognized for many years by the directories (Chambers UK and Legal 500) as a leading junior in the field of property/real estate litigation.

Published recommendations include “especially rated for his thoroughness and tenacity”, “very realistic and good on the detail, according to solicitors”, “level headed and realistic”, “a friendly and solid opponent”, “well liked by commentators”, and “not just clever but human with it”.

Recent representative cases include:

• Norfolk Naturalists Trust v Lumley (July 2011) – Adjudicator to HM Land Registry – principles of construction of pre-registration deeds – accretion and diluvion – doctrines of estoppel by convention and estoppel by deed
• Churchill v Temple [2010] EWHC 3369 (Ch) – real property – construction of restrictive covenant against alterations without consent of vendor – whether covenant discharged by death of covenantee
• Wright v Courtenay – Bryce and Others (Feb 2010) Adjudicator to HM Land Registry ref 2007/0657 – real property – rectification application – undue influence
• British Glass Manufacturers Confederation v University of Sheffield [2004] L & TR 251 – commercial landlord and tenant – construction of repairing covenant in long lease – change of use – estoppel by convention – whether injunction appropriate remedy

Contentious and non-contentious consumer credit, finance leasing, credit hire and financial regulation. Considerable experience of drafting and advising on regulated and unregulated finance agreements and associated documentation.

Counsel for the debtor in important cases on the unfair relationships provisions introduced in the Consumer Credit Act 2006:

Patel v Patel [2009] EWHC 3264 (QB) – financial and business law - commercial loan agreement – consumer credit – unfair relationships provisions of Consumer Credit Act – limitation

Rahman v HSBC Bank plc [2012] EWHC 11 (Ch) – banking and finance – commercial property portfolio – appointment of receivers – cross-default clauses – unfair relationship

Wide experience of professional discipline and regulation. Regularly instructed as a legal assessor with fitness to practice/professional conduct panels of the Nursing and Midwifery Council, the General Osteopathic Council, the General Optical Council, and the Chartered Institute of Management Accountants. Legal advisor to other contractual organisations and clubs including Chartered Institute of Personnel and Development.

Andrew has significant experience of a wide range of police law issues, including civil actions and statutory complaints and investigations. He co-authored Clayton and Tomlinson’s Civil Actions against the Police (3rd edition), and is a regular speaker at police law conferences and seminars.

In addition to a regular diet of claims for wrongful arrest, false imprisonment, assault, malicious prosecution, negligence, and misfeasance, cases include:

• BXH v Commissioner of Police of the Metropolis – disclosure of confidential information – Article 8 claim – common law duties of care
• Burchell and Others v Chief Constable – misfeasance – conduct of investigation supervised by IPCC into activities of force serious crime squad – disciplinary proceedings
  

• Rahman v HSBC Bank plc [2012] EWHC 11 (Ch) – banking and finance – commercial property portfolio – appointment of receivers – cross-default clauses – unfair relationship
• Norfolk Naturalists Trust v Lumley (July 2011) – Adjudicator to HM Land Registry – principles of construction of pre-registration deeds – accretion and diluvion – doctrines of estoppel by convention and estoppel by deed
• Mahdi v Nurie [2011] EWHC 1545 (QB) – business law - defeating bogus claim for repayment of loan of £600,000
• A v B – commercial arbitration under UCITRAL Rules – supply of goods and services under long-term development contract – quality and delay issues – cross-claim for repayment of price paid in instalments
• First Credit v Hill (Ch D, April 2011) – restraining presentation of winding up petition – cross-border and jurisdictional issues – compliance with Consumer Credit Act 1974
• Futurcom v Force India Formula One Team (QBD, Jan 2011) – Judgments Regulation – conflict of laws – jurisdiction- claim for rectification of compromise agreement
• BXH v Commissioner of Police of the Metropolis – disclosure of confidential information – Article 8 claim – common law duties of care
• Burchell and Others v Chief Constable – misfeasance – conduct of investigation supervised by IPCC into activities of force serious crime squad – disciplinary proceedings
• Churchill v Temple [2010] EWHC 3369 (Ch) – real property – construction of restrictive covenant against alterations without consent of vendor – whether covenant discharged by death of covenantee
• Wright v Courtenay – Bryce and Others (Feb 2010) Adjudicator to HM Land Registry ref 2007/0657 – real property – rectification application – undue influence
• Pinder v Hope Technology (QBD) – product liability – Consumer Protection Act 1987
• Patel v Patel [2009] EWHC 3264 (QB) – financial and business law - commercial loan agreement – consumer credit – unfair relationships provisions of Consumer Credit Act – limitation
• British Glass Manufacturers Confederation v University of Sheffield [2004] L & TR 251 – commercial landlord and tenant – construction of repairing covenant in long lease – change of use – estoppel by convention – whether injunction appropriate remedy