Andrew Butler KC

Property

While Andrew’s particular forte is in professional negligence and commercial claims with a property element, he also undertakes a variety of pure property work. Recent and ongoing examples include:

• an application for discharge of a restrictive covenant holding up a residential development
• advice on the steps required to be taken by a developer in order to effect an airspace development above a highway in west London
• various disputes concerning landlord’s consent to alienation (including Gabb -v- Farrokhzad [2022] EWHC 212 – see link to news article here)

Andrew’s status as a respected voice in the field of Real Property was underscored in 2023 when he was asked to speak at a meeting in the Palace of Westminster on behalf of a major landlords’ association in opposition to the abolition of no-fault evictions under the Renters Reform Bill.

As noted on the Overview page, Andrew has acquired a prominent reputation in the field of Building Safety, having co-edited the first textbook on the topic. As a result of this he has advised on numerous aspects of the new Act, including the leaseholder protections in Part V and Schedule 8, the identification of Accountable Persons and Principle Accountable Persons, the extended limitation periods introduced by s.135, independent sections and the like.

Commercial disputes, finance, securities, mortgages & receivership

As a result of Andrew’s expertise in matters of contract and company law, much of his practice is purely commercial. A particular recent example is Kulkarni -v- Gwent Holdings Ltd. and another [2024] EWHC 1357, a multi-million pound shareholder dispute which led to a 10-day High Court trial in April 2024, and in which permission to appeal to the Court of Appeal has been granted. A further case of Andrew’s, Quantum Advisory Ltd. -v- Quantum Actuarial LLP, reached the Court of Appeal twice, Andrew succeeding on the latter occasion in what has become an important decision on the implication of contractual duties of good faith ([2023] EWCA Civ 12).

Often his work has an international element, exemplified by the long-running case of UCP v Nectrus (reported on quantum at [2020] PNLR 9), in which Andrew successfully defended the majority of a multi-million pound claim made against a Cypriot entity in relation to a property venture in India, a case which has attracted particular interest in the area of reflective loss.

Tanfield’s pre-eminence in real estate work means that many of Andrew’s commercial cases have their origin in property ventures, with development, funding and and insurance disputes forming a particularly significant part of his caseload.

Professional negligence

As set out in the Property section, much of Andrew’s work both within and beyond the field of property related disputes has a professional negligence element, and he acts in claims against all manner of professionals including insurance brokers, solicitors and architects.  Recent and/or ongoing cases include:

• a claim against an Employer’s Agent about the allegedly negligent drafting of a Liquidated and Ascertained Damages Clause in a major construction contract.
• a claim against a tax adviser/company law specialist arising out of errors in the establishment of a family trust fund.
• a claim against a barrister arising out of the Court of Appeal’s decision in the residential forfeiture case of Gibbs v Lakeside Development Ltd [2019] 4 WLR 6.
• a claim against a solicitor arising out of the drafting of an SPA (involving a novel point under s.14A Limitation Act 1980) – Morris v Knights Professional Services [2022] EWHC 3679 (Ch)
• a claim against a solicitor arising out of the alleged under-settlement of a claim for historic sex abuse

Andrew is frequently called upon to talk about negligence issues and lectured on the RIBA CPD programme for many years. He is a member of the PNLA (and has addressed that Association’s Dublin event in 2023 and 2024) and PNBA.

ADR

Andrew is a trained mediator and has ample experience of the mediation process, both as advocate and mediator.

Notable cases

• Kulkarni v Gwent Holdings Ltd. and another [2024] EWHC Ch 1357: claim by minority shareholder seeking to invoke deemed transfer provisions under Shareholder’s Agreement arising out of breaches by majority shareholder. Issues as to materiality and persistence of breaches, and whether breaches “capable of remedy”. 10-day High Court trial in April 2024, leading Hugh Rowan. Successfully establishing commission of breach, together with materiality and persistence. Permission to appeal granted by trial Judge on question of whether breaches capable of remedy.
• Quantum Advisory Ltd. v Quantum Actuarial LLP [2023] EWCA Civ 12: Declaration sought by Claimant as to scope of services to be provided under 99-year Services Agreement and in particular whether Defendant required to undertake tendering and re-tendering exercises – questions of construction and proper approach to interpretation of long-term relational contracts, and the existence and effect of a contractual duty of good faith in such contracts – Andrew successfully resisting appeal against dismissal of claim.
• Smith v Howard [2022] EWHC 562 (TCC): Claim arising out of major fire at oil refinery plant in Essex – Andrew acting for Claimant who succeeded in liability-only trial against co-occupier of plant – case turned on negligent placement of oil container said to have been instrumental in the spread of the fire giving rise to difficult questions of liability and (in particular) causation.
• Gabb v Farrokhzad [2022] EWHC 212, [2022] 1 WLR 2842: Claim against landlord alleging unreasonable refusal of consent to assign a lease – unreasonable refusal established but claim for exemplary damages successfully defeated – partial permission to appeal obtained from Court of Appeal, but claim settled before appeal heard.
• Quantum Advisory Ltd. v Quantum Actuarial LLP [2022] 1 All ER 473: Dispute arising out of long-term Services Agreement between actuarial pensions company and LLP formed to carry out services on its behalf – challenge to restrictive covenants preventing direct client engagement for entire 100-year duration of agreement – Court of Appeal deciding whether doctrine of restraint of trade applied and if so whether covenants were enforceable.
• TBD Owen Holland v Simons [2021] 1 WLR 992: Important Court of Appeal decision about scope of search orders and in particular whether they permit the inspection and deployment in litigation of documents obtained as a result of a search – also issues of common interest privilege in relation to one particular document thus obtained.
• Goyal v Florence Care Ltd [2020] EWHC 659: Successful appeal against decision of County Court Judge giving rise to questions about (a) the continuation of proceedings against a bankrupt Defendant; (b) equitable accounting; and (c) solicitors’ responsibilities in respect of third party funds.
• UCP v Nectrus [2020] PLR 9: £21m dispute following loss of substantial funds invested by Isle of Man entity in construction projects in India – action brought against Cyprus-based Investment Manager – acted for Defendant in 13-day split trial in Commercial Court involving issues of liability, causation and reflective loss – appeal pending to Court of Appeal.
• Devani v Wells [2019] 2 WLR 617: Supreme Court decision on formation of oral contracts and effect and application of s.18 Estate Agents Act 1979.

Qualifications

• FCI Arb
• MA (Oxon)
• BA

Memberships

• Chartered Institute of Arbitrators
• Commercial Bar Association
• Professional Negligence Bar Association
• Property Bar Association

Awards

• Lawyer Monthly, Business Barrister of the Year (2015)

Testimonials

Andrew is recommended for Real Estate/Property Litigation in both Chambers UK and Legal 500 and Professional Negligence in Legal 500:

• “He gives clear, robust advice. His advocacy is outstanding.” Legal 500 2024 
• “A real heavy-hitter when it comes to property matters. He provides fantastic written advice and pleadings. Commands respect when on his feet.” Legal 500 2024 
• “Andrew is very intellectual and his arguments are very clever and technical.” Chambers UK 2024
• “Andrew is excellent in all respects. His legal and tactical advice is confident and direct and he is not afraid of nailing his colours to the mast when it comes to making tough calls on strategy. His pleadings are excellent and his skills as a trial advocate go from strength to strength.” Legal 500 2024
• “Andrew has a very good smooth style and is a commercial practitioner. He is great with clients and awfully good on his feet.” Chambers UK 2023
• “He’s an excellent counsel and the pleadings he drafts are top-notch. He cuts through the paperwork.” “He is great with clients.” Chambers UK 2022
• “Incredibly impressive on the detail – commercial in his approach, with superb drafting skills. He gets on very well with clients. Robust and calls it as he sees it – he doesn’t sit on the fence but gives clear, definitive and reasoned advice.” Legal 500 2022
• “A formidable but always reasonable opponent. He consistently provides high calibre, clear advice.” Chambers UK 2021
• “He is quickly developing his silk practice.” Legal 500 2021
• “Embarrassingly good on his feet and great with clients.” Legal 500 2020 (Property Litigation)
• “He is extremely user-friendly and his tenacious and practical approach makes him a favourite with clients.” Chambers UK 2019
• “He can very quickly review a large amount of information and detail and provide practical and specialised advice, often at short notice.” Chambers UK 2019
• “Gets on well with clients, a good advocate and calm under pressure.” Legal 500 2018
• “A property specialist who is known for his expertise in cases driven by professional negligence claims. Sources see him as an approachable and accessible practitioner.” Chambers UK 2016