Andrew Walker QC
Andrew is a commercial chancery QC with extensive experience and expertise as both an advocate and an adviser, particularly in the specialist areas set out below. He acts as an advocate before all courts, tribunals and dispute resolution bodies in his specialist areas. He also has extensive experience in many (largely successful) mediations.
He advises and assists clients both within the UK and internationally, including in multi-jurisdictional disputes, and has acted both as an expert witness on English law in Canadian proceedings and as an examiner under US letters of request to the English courts.
He is known for his strong focus on clients’ commercial aims and interests, and the commercial context in which his assistance is sought. His approach is flexible, but will often involve early in-depth analysis of the strengths, weaknesses, risks and opportunities involved; assisting in formulating an appropriate strategy; supporting dispute resolution in the most suitable way (including negotiation, mediation, arbitration and litigation); and providing timely and incisive advice on key issues arising in a dispute or potential transaction.
His breadth of experience lends itself well to cases involving more than one area of practice (including insolvency and asset recovery situations arising within his other areas of practice).
He has experience in a wide variety of business sectors, particularly property investment and development, lending and finance (including private equity, securitisation, and sub-prime mortgage lending), UK and international trade and distribution, leisure sector, auctioneers, agency, transport, public infrastructure, utilities, education, telecommunications and IT. He acts for a wide range of clients, from multinational corporations, investment funds, banks, insurers, and high net worth individuals, to all sizes of businesses, trusts and family companies, public authorities, and private clients at all levels. He also acts pro bono in deserving cases.
Professional directories have recommended Andrew for many years in the areas of property litigation, professional negligence and commercial litigation, and he was awarded the Bar Pro Bono Award in 2009 for some of his work with the homelessness charity, Shelter.
To see video footage of Andrew's contribution to a European Parliamentary Group seminar in June 2011 on "European Union Property Law - Rights and Wrongs", click here, and move the time slider to around 1:43:40.
To see video footage of Andrew's contributions to UK Parliamentary Select Committee hearings click here (House of Commons Committee on Standards, 19 April 2016), and here (House of Lords Constitution Committee, 23 November 2016; from 10:54:20).
Educated at Trinity College, Cambridge (where he was awarded a Whittaker Scholarship), Andrew was an Inns of Court Scholar, and a Wigglesworth, Wolfson and Hardwicke Scholar of Lincoln's Inn.
He has been an elected member of the Bar Council of England & Wales since 2005, and has been elected to the post of Vice-Chairman for 2017. He is currently the Chairman of its Ethics Committee, Vice-Chairman of its Law Reform Committee, and a member of its General Management Committee. He is a bencher of Lincoln’s Inn. He is also a Trustee of the Industry and Parliament Trust.
Areas of expertise
Property issues and disputes of all types, including: contracts for the acquisition, development and management of land; options and conditional contracts; overage claims; project management and similar contracts; mortgages and other security arrangements, including enforcement disputes; planning and other statutory issues connected with property contracts; leases of all types; landlord and tenant disputes (particularly commercial – including retail, leisure and distribution – and residential); rent reviews; leasehold enfranchisement; rights over land (including easements, covenants and rights of light); trespass and nuisance claims; disputed asset disposals; estate agency; property-related competition law issues; and commons and village greens.
Negligence claims (including breaches of duty of all sorts) involving a wide range of professionals and commercial service providers: including solicitors, surveyors, accountants, barristers, corporate and personal tax advisers, actuaries, valuers of all types, financial intermediaries, and commercial/technology/equipment service providers. He also has broad expertise and practical experience concerning the regulation and conduct of professionals, particularly lawyers.
Company, commercial, equity and financial (including civil fraud) disputes, including: business disputes; company and share acquisitions and valuations; shareholder disputes; disputes with and between directors; rights and disputes over corporate assets and opportunities; fiduciary obligations; charges and other security interests; financial transactions; securitisation arrangements; disputed asset disposals; civil and criminal asset recovery claims; general commercial, banking and finance contracts; commercial agency; evidence gathering for claims overseas; joint ventures; and partnerships.
Valuation: disputes and advice about valuations or in situations involving valuation issues, including in relation to properties, other investments, businesses, shareholdings, portfolio assets, pension funds, rent reviews, damages claims, asset disposals, and artworks.
Insolvency: insolvency issues of all sorts arising in his other specialist areas, along with general company, partnership and individual insolvency disputes.
Recent Cases in Court and Notable Reported Cases:
Allen v Kent County Council (2012) (Planning Inspectorate) (public inquiry into village green application)
Holmes v Evans (2012) (Court of Appeal) (claim to a prescriptive right of way over leased land; effect of procedural decisions at first instance)
The Scotts Company (UK) Ltd v Paper Mill Lane Properties Ltd (2012) (QBD: Commercial Court) (meaning of contract for sale of development land regarding payments from a retention sum for environmental remediation works; estoppel by convention)
Webb Resolutions Ltd v JV Ltd (t/a Shepherd Surveyors) (2012) (QBD: Technology & Construction Court) (alleged negligence by property valuers)
Shah v Shah & Mister Dee International plc (2011) (High Court) (family trading company shareholder dispute, including separate trial of property and company valuation issues)
HMV UK Ltd v Retail Plus General Partner Ltd (2011) (County Court) (contested retail business tenancy renewal, especially as regards landlord's redevelopment break rights)
Anstruther v Vidas Properties Ltd (2010) (Central London CC (Chancery Business)) (disrepair claim in unusual circumstances, involving highly complex property valuation issues)
Earl Cadogan v Panagopoulos (2010) (High Court & Court of Appeal) (leasehold enfranchisement claim; wide-ranging issues concerning validity of a caretaker's flat lease)
BDO Stoy Hayward v JJB Sports (2010) (High Court)
31 Cadogan Square Freehold Ltd v Earl Cadogan (2010) (Upper Tribunal) (two hearings raising a variety of valuation issues in leasehold enfranchisement claims)
Roger Marsh v (1) Simon Marsh (2) Time Critical International Ltd (2010) (High Court) (father and son dispute over ownership of transport business)
Clydesdale Bank plc v Beechwood Properties (Pedmore) Ltd (High Court) (asset recovery claim relating to monies lent for property purchase and development)
Prudential Assurance Company Ltd v Exel UK Ltd (High Court) (validity of tenant's attempt to exercise a break clause in lease of substantial warehouse)
Earl Cadogan v Pitts (House of Lords) (hope value and marriage value in enfranchisement claims; human rights)
Slattery v Moore Stephens (High Court) (professional negligence claim by high net worth individual against personal tax advisers)
BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd (High Court & Court of Appeal) (liability of landlord and tenant for statutory obligations, and status of tenant's personal covenants)
Meftah v Lloyds TSB Bank plc (High Court) (guarantor's claim that bank/receiver sold drag racing circuit at an undervalue)
Platform Home Loans Ltd v Oyston Shipways Ltd (House of Lords) (correct approach to contributory negligence in professional negligence claims)
Courage Ltd v Crehan; Walker Cain Ltd v McCaughey (Court of Appeal) (issues of competition law and rights of set off in connection with leases of tied pubs)
Electricity Supply Nominees Ltd v The National Magazine Company Ltd (High Court) (correct approach to damages in a commercial lease claim involving failure of air conditioning and other services)
Signet Group PLC v Hammerson UK Properties plc (Court of Appeal) (validity of notice seeking a new business tenancy of retail premises)
Dukeminster (Ebbgate House One) Ltd v Somerfield Property Company Ltd (High Court & Court of Appeal) (rectification of lease and construction of complex rent review clause in lease of distribution warehouse)
UCB Bank plc v Beasley (Court of Appeal) (rights of mortgagee against unpaid seller of leisure business)
Chancery Bar Association
Property Bar Association
Professional Negligence Bar Association
Financial Services Lawyers Association
Trinity College, Cambridge (MA)