Andrew Butler

Profile

Andrew practises in the areas of Property and Business & Commercial, and is Head of Chambers’ Business & Commercial Group. His cases often involve elements of both practice areas and his broad-ranging areas of expertise include construction and professional negligence disputes as well as more mainstream commercial and property work.

He has been recommended for Real Estate Litigation in the Legal 500 and Chambers & Partners for many years, one recent citation referring to him as “a very charming guy with a relaxed style which works well with clients and judges”.

An accredited mediator, Andrew also has a niche expertise in questions of service of process, with two reported cases to his name. He also lectured on the topic at the Legal Week Business & Commercial Forum in 2011.

Experience

Business & Commercial

Andrew has extensive experience of commercial disputes in particular matters relating to property, including in the field of professional negligence (see Jacobs, Gaughan  in "Significant Cases") and insurance (Kyle Bay). His professional negligence experience also extends beyond property (see Griffin, a case involving an insolvency practitioner). He presently has conduct of a £1m claimagainst insurers and a structural engineer in the TCC as a result of defects in a newly-constructed Surrey mansion.

Cases of Andrew's which have already settled include a claim against a planning advisor arising out of the unlawful construction of an outdoor swimming pool in a Area of Outstanding Natural Beauty, an insurance dispute following a catastrophic fire at The Kings Cross Raceway, Europe's largest indoor go-karting centre, and a claim of fraudulent misrepresentation made by a purchaser of residential property against his vendor (Warr).

Property

Andrew has experience of a broad range of property work including residential and commercial landlord and tenant, disrepair, rights of way and boundaries and easements.

He has appeared in the Court of Appeal on matters as diverse as disrepair (Hawkins), consent to alterations (Iqbal) and post-insolvency charging orders (Coutts) - see the "Significant Cases" section of his profile. Recent hearings in the Chancery Division include Redcard and Warr.

Successes at County Court level in the past couple of years include cases on encroachment, architect's/builder's negligence, and a successful appeal against a mortgagee's repossession of portfolio of London properties. He has also acted extensively for both vendors and purchasers in claims arising out of failed conveyances, particularly off-plan transactions, during the recent recession.

Significant Cases

Warr v Cox - Chancery Division, 27th October 2010 - application to strike out claims in fraudulent misrepresentation against vendor of property. 

Redcard v Williams - Chancery Division, 23rd April 2010 - compliance by companies with s.2 LPMPA 1989 in light of requirements of Companies Act 2006  

Griffin v UHY Hacker Young [2010] PNLR 20 - application to strike out professional negligence claim on basis of ex turpi causa

Jacobs v Crammond Browne [2008] EWHC 3517 (TCC) - Claim in negligence against architect responsible for defective extension to residential property.

Amsalem v Raivid [2008] EWHC 3028 (TCC)
Claim brought by builder against householder for contract sum/quantum meruit

Hawkins v Woodhall [2008], EWCA Civ 932
Overturning County Court Judge’s award of damages for disrepair against previously unrepresented litigant

R (on the application of Eco-Power Ltd.) v Transport for London and another [2008] Env LR 44 (Admin Ct.)
Judicial review of decision of Public Carriage Office regarding exhaust systems for London taxis

Kyle Bay v Various Underwriters [2007] 1 CLC 164, Times Newspapers 29.05.2006
Whether compromise of insurance claim vitiated by misrepresentation/mistake

Hart Investments Ltd. v Larchpark Ltd [2007] BLR 30
Default judgment and service of process – effect of non-compliance with time-limits/liquidation on enforcement of adjudication award

Marshall v Maggs, reported as Collier v Williams [2006] 1 WLR 1945
Service of process – interpretation of CPR Part 6 meaning of 'last known address' – meaning of 'acting' in context of solicitor at time of service

Gaughan v McDonagh [2005] PNLR 36, Commercial Court (Gloster J)
Limitation – insured suing broker in negligence after avoidance of policy in aftermath of fire – whether cause of action arising at time of inception or time of event insured against

Woodbridge v Smith [2004] BPIR 244, Mr Registrar Baister
Review of fees charged by trustee in bankruptcy

Iqbal v Thakrar [2004] 3 EGLR 21
Whether landlord had acted unreasonably in withholding consent to alterations by tenant

Testimonials

'Both Sue and I wish to thank you profusely for your outstanding work in the case; it goes without saying, that without [your instructing solicitor] and yourself we would not have achieved this measure of success. You were absolutely brilliant'

Mike Jacobs, client, Jacobs v Crammond Browne (TCC) March 2009 

'The way in which [Mr Butler] got this case up to speed, and the quality of [his] written closing submissions given the time [he] had available, was remarkable'.

Mr Justice Akenhead, Amsalem v Raivid (TCC) 9 December 2008

Publications

Contributor, Service Charges and Management: Law and Practice 1st edition 2006 (Sweet & Maxwell)

In the media

24.02.2009 The Architects Journal published an article from Andrew entitled Legal: contract administration link to article 

08.11.2008 Estates Gazette published an article from Andrew entitled 'Challenge to maintain momentum' link to publication website

Andrew regularly undertakes seminars, most recently speaking on Professional Negligence Aspects of 1954 Act Renewals, soon to be available as a podcast through CPDCast Ltd. http://www.cpdcast.com/contributors/andrew_butler

20.10.2008 The Lawyer published an article from Andrew entitled 'Estate of Play' http://www.thelawyer.com/cgi-bin/item.cgi?id=135240
 
23.05.2007 New Law Journal published an article from Andrew entitled 'Getting Your Fax Right' http://www.new-law-journal.co.uk/

23.03.2007 Solicitors Journal published an article from Andrew entitled 'Driveway Robbery' http://www.solicitorsjournal.com/

24.05. 2007 Legal Week published an article from Andrew entitled 'The Hart of the Matter'  http://www.legalweek.com/Articles/1027863/Real+Estate+The+hart+of+the+matter.html

Memberships

Member, Property Bar Association
Member, Commercial Bar Association
Member, Professional Negligence Bar Association.

Qualifications

BA, MA
Accredited Mediator

Directory Quotes

Andrew is listed as a leading junior for property litigation in The Legal 500 from 2008 to date and in real estate litigation in Chambers UK from 2007 to date.

'A very charming guy, with a relaxed style that works well with clients and judges'
Chambers UK 2011

'A helpful team player and sound advisor' 
Chambers UK 2010

'Continues to expand his property practice'
Chambers and Partners 2009

'Andrew is appreciated for his 'technical knowledge and practicial commercial advice'
Legal 500 2008

'A commercial lawyer with a significant vein of property work running through his practice'.
Chambers and Partners 2008

'Able and attentive'
Chambers and Partners 2007