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Andrew Clark

Andrew Clark

SPECIALIST AREAS OF PRACTICE

  • Contentious Chancery
  • Commercial Litigation

AREAS OF PRACTICE

Contentious Chancery, including real property, partnerships and joint ventures, trusts, probate and succession, business tenancies, professional negligence and equity, and involving appearing in the Chancery Division, in Chancery Business in the county courts, in the appellate courts, before specialist tribunals, and on mediations.

Commercial Litigation, including disputes arising from construction contracts, commercial transactions, and employment contracts, and involving appearing in the Mercantile Court, Technology and Construction Court, in the county courts and in the appellate courts and involvement in adjudication, arbitration and expert determination.

SPECIALIST AREAS OF PRACTICE

Real property, including title, adverse possession, boundaries, easements, restrictive covenants, options, proprietary estoppel, tortious claims (for example, trespass and nuisance), mortgages, contaminated land, and compulsory purchase, and involving appearing both in the courts and before the Lands Tribunal and the Adjudicator to HM Land Registry.

Partnerships and joint ventures, including partnership and joint venture agreements, fi duciary obligations between partners or participants, partnership property, dissolution and winding up.

Trusts, including express private trusts, charitable trusts, and implied, resulting and constructive trusts (for example, co-habitation disputes).

Probate and succession, including construction of wills, contentious probate, intestate succession, administration of estates (for example, actions against personal representatives), and family provision.

Business tenancies, including construction of leases, rent and service charge disputes, breach of covenant, forfeiture, dilapidations and tenancy renewal.

Professional negligence, particularly cases involving solicitors and surveyors.

Equity, including injunctions, fi duciary duties, equitable estoppel, specifi c performance, rectifi cation of transactions, rescission (for example, for fraud and undue infl uence) and accounts and inquiries.

Construction contract disputes, including disputes regarding performance and payment, adjudication and arbitration.

Commercial disputes, including breach of contract (for example, of sale and supply of goods contracts), telecommunications, overage and commercial agency.

Employment contract disputes, including remuneration (for examples, bonuses and PILON, covenants in restraint of trade and wrongful dismissal, and involving appearing in the High Court, Employment Appeal Tribunal and employment tribunals.

NOTABLE CASES

Knight v Vale Royal Borough Council [2003] EWCA Civ
1258

Lancashire County Council v Buchanan [2007] EWHC
3194