Practice Summary
Andrew Francis is an experienced and highly sough-after barrister in our Chancery, Commercial and Property team. He also is a member of chambers at Serle Court, 6 New Square, Lincoln’s Inn.
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 3rd ed 2009) and the co-author, with Stephen Bickford-Smith, of ‘Rights of Light – The Modern Law’ (Jordans 2nd ed, July 2007).
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 was instructed in the important Court of Appeal rights of light decisions in Regan v Paul Properties & Others [2006] and RHJ Ltd v Patten Ltd [2008] and in the High Court decision given in September 2010 in HKRUK II (CHC) Ltd v Heaney. He has advised on the rights of light issues affecting many important landmark sites. His rights of light expertise is 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 Lands Tribunal, when applications are made for the discharge or modification of restrictive covenants. He was recently instructed to oppose the application in Re Walker’s Application [2010].
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
Reported Cases
Real Property
- 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 (Re Cloth Hall Court) [2010] (High Court, Leeds) (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).
- Shakespeare's Globe Theatre v Bakker and Ors [2006] (Party Walls and the basis of appeals from a Third Surveyor's Award)
- Adams v Rushmon Homes [2002] (Construction of restrictive covenants)
- Eastern Counties Leather Plc v Eastern Counties Leather Group [2002] (Court of Appeal)
- (Construction of pollution indemnity agreement entered into after House of Lords decision in Cambridge Water Co. v Eastern Counties Leather plc [1994] 2 AC 264)
- Johnson v Whipp [2001] (Jurisdiction under section 84(2) Law of Property Act 1925 to make declarations that covenants are enforceable)
- Horrill v Cooper [2000] 80 P&CR D16 (Court of Appeal) (Validity of restrictive covenants under Land Charges Act 1972) Bowring Services v Scottish Widows Fund [1995] 1 EGLR 158 (rights of light and the application of the Custom of London in the City of London)
- Marine and General Mutual Life Assurance Society v St James Real Estate Co Ltd [1991] 2 EGLR
- 178 (Rights of light, abandonment, and assessment of damages for interference)
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)
- Re The Estate of C decd [2004] (1975 Inheritance Act claim by former spouse)
- Re The Estate of T. dec [2004] (1975 Inheritance Act claim by widow)
- Parsons decd. [2002] WTLR 2003 (Validity of will and conformity with section 9 Wills Act 1837)
Publications
- Restrictive Covenants and Freehold Land - a Practitioner's Guide (Jordans) (3rd Edn. August 2009)
- Contentious Probate Claims. (Sweet & Maxwell) (2004) (with Hedley Marten)
- Inheritance Act Claims (Jordans) (2003) (looseleaf) (updated twice-yearly)
- Rights of Light - The Modern Law (Jordans) (2nd Edn. April 2007) (with Stephen Bickford-Smith)
- "erudite professional with a deep knowledge base"
- "clearly the go-to barrister for rights of light work"
- "courteous, dedicated and knowledgeable"
- "always goes the extra mile" Legal 500
- "known affectionately as 'Mr Right to Light' for his knowledge and contribution to this specialism"
- "he treats you like another professional and doesn't have any pretences"
- "well-versed and highly technical"
- "He knows his subject thoroughly" Chambers and Partners
- "it is like having Shakespeare on your side - he wrote the book" Chambers and Partners
- "has reinforced his market position as 'a master of the subject’" Chambers and Partners
