Barrister

Andrew Francis

Year of call 1977

CC&P

Practice Summary

Andrew Francis is an experienced and highly sought-after barrister in our Chancery, Commercial and Property team. He is also a member of Chambers at Serle Court, 6 New Square, Lincoln’s Inn, London WC2.

He has a specialist practice that includes real property, and rights and interests over land. In this context, he is the author of ‘Restrictive Covenants – A Practitioner’s Guide’ (Jordans 4th Edn. 2013) the co-author, with Stephen Bickford-Smith and Tom Weekes, of ‘Rights of Light – The Modern Law’ (Jordans 3rd Edn.  2015) and the co-author (with Stephen Bickford-Smith and others) of “Private Rights of Way” (Jordans 1st Edn. 2012).

In the field of rights of light, he is one of the very few experts at the Bar who can deal with the complexities of the law of light and is regularly consulted by surveyors specialising in this area.  He has advised on the rights of light issues affecting many important landmark sites. His rights of light expertise are married to his expertise in party wall cases and he is a member of the body that meets to discuss matters of common interest in this area of law and surveying, the Pyramus and Thisbe Club.

His other specialism, restrictive covenants, consists of litigious and non-litigious work where the meaning and enforceability of covenants may be in issue. This includes experience in the Upper Tribunal (Lands Chamber) when applications are made for the discharge or modification of restrictive covenants.

Within the field of restrictive covenants he has expertise in EU Law so far as freehold land covenants engage Competition Law, within both Articles 101 and 102 of the EU Treaty and Chapter 1 Competition Act 1998.

Andrew is a regular speaker on real property matters at professional conferences and in-house seminars.

Areas of Expertise

·         Real Property (advisory and litigious)

·         Administration of Estates (advisory and litigious) (with trusts and tax planning)

·         Contentious Probate

·         Inheritance Act claims (family provision)

·         Partnership Law

·         Professional negligence claims in main areas of work above

Publications

Real Property

Kirkby v Heaney [2015] UKUT 178 (TCC) (Adverse possession and land registration). Scott v Winter [2015] (The County Court at Newcastle Upon Tyne; Business List) (Construction of restrictive covenants and injunctions and damages following Lawrence v Fen Tigers [2014]). Re George Wimpey Bristol Limited's Application [2011] UKUT 91 (LC) (Application to modify covenants under S84 (1) Law of Property Act 1925). HXRUK II (CHC) Ltd v Heaney [2010]  (Injunction and damages for interference with rights of light). Re Walker's Application [2010] (Lands Tribunal) (Application to modify restrictive covenants under S84 (1) Law of Property Act 1925). Southwark Roman Catholic Diocesan Corporation v South London Church Fund [2009] (Ch.D.) (Declaration as to restrictive covenants). RHJ Ltd v Patten (Holdings) Ltd [2008] (Court of Appeal) (rights of light). Coastal Partnerships Ltd v Beddy [2007] (Construction of restrictive covenant). Regan v Paul Properties & Ors [2006] (Court of Appeal) (Injunction to restrain interference with rights of light).

Estates

Allport v Allport [2010] (High Court, Family Division) (Widow's claim under Inheritance Act 1975). Re Wain decd [2011] EWHC 348 (Ch) (Rectification of Will and dispute over construction and S.24 Wills Act 1837). Re Bishop decd [2009] (Probate claim to determine validity of will) Re Franks decd [2006] (Probate claim to determine validity of will) Adkin v Goldstein [2005] (Application to rectify will out of time under s.20 Administration of Justice Act 1982) Saunders v Garrett [2004]: (Construction of Inheritance Act 1975 under section 3 Human Rights Act 1998 so as to admit same-sex partners within class of cohabitees; Acts 8 and 14 of European Convention on Human Rights and Act 1 of First Protocol)

Publications

Restrictive Covenants and Freehold Land - a Practitioner's Guide (Jordans) (4th Edn. 2013) Rights of Light - The Modern Law (Jordans) (3rd Edn. 2015) (with Stephen Bickford-Smith and Tom Weekes) Private Rights of Way (Jordans) (1st Edn. 2012) (with Stephen Bickford-Smith and others) Inheritance Act Claims (Jordans) (looseleaf) (updated twice-yearly) Contentious Probate Claims. (Sweet & Maxwell) (2004) (with Hedley   Marten) (New edition planned for 2016)

Recommendations

Legal 500.

Property litigation.

Private client; trusts and probate.

Chambers and Partners.

Real estate litigation.

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