Tanfield
Andrew Butler

Andrew Butler

Year of call: 1993

Call: 020 7421 5300
Email: andrewbutler@tanfieldchambers.co.uk

Overview

Andrew practises in the areas of Property and Business & Commercial, and is Head of Chambers’ Business & Commercial Group. His cases often involve damage to property and encompass professional negligence claims as well as insurance and construction disputes.

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 having "good technical knowledge matched by an ability to give practical advice.

Andrew Butler was voted Business Barrister of the Year 2015 by the readership of Lawyer Monthly Magazine. He is also Global Law Experts' recommended expert in Professional Negligence in England. He is retained by the Royal Institute of British Architects to deliver a programme of seminars for its 2016 CPD programme.

 

Expertise

Andrew's background is in Real Property and the majority of his practice is in Professional Negligence and Commercial claims with a property element.

In the context of Professional Negligence, he has undertaken claims against architects, surveyors, insurance brokers and solicitors, among other professionals.

He also undertakes work outside the scope of property, including in particular company disputes and s.994 petitions.

He has enjoyed a stellar year in 2016, with successes in various important cases such as Wells v Devani [2016] EWCA Civ 1106 (contractual formation), Dawnus Sierra Leone v Timis [2016] EWCA Civ 1066 (security for costs) and Fresca-Judd v Golovina [2016] 4 WLR 107 (property insurance).

Andrew is a trained mediator and has ample experience of the mediation process, both as advocate and mediator. He also presents regularly, and was retained by the Royal Institute of British Architects to provide a series of seminars nationwide as part of its 2016 CPD programme.

Notable Cases

Wells v Devani [2017] 2 WLR 1391 - successful appeal against ruling of Judge that discussions between an estate agent and client gave rise to a contract - important issues of contract law and the effect of s.18 Estate Agents Act 1979.

Jones and another v Oven and another [2017] EWHC 1647 (Ch) - successful conduct of neighbour dispute involving construction and interpretation of restrictive covenants

Dawnus Sierra Leone Ltd. v Timis Mining Corporation Ltd. and another [2016] EWCA Civ 1066 - successful appeal against Judge's refusal to award security for costs against counterclaiming Defendant - whether Defendant's preference for litigating in alternative forum a relevant factor

Dawnus Sierra Leone Ltd. v Timis Mining Corporation Ltd. and another [2016] EWHC 236 (TCC) - jurisdictional challenge in construction dispute and cross-application for anti-suit injunction seeking to restrain proceedings in Sierra Leone

Fresca-Judd v Golovina [2016] 4 WLR 107 - successful defence of claim by landlord's insurers seeking to recover damages from tenant following flood at demised premises - whether insurers entitled to bring subrogated claim - whether tenant liable on the facts

Carbon Smart Ltd. v Prevista Ltd. [2015] EWCA Civ 668 - successful appeal against dismissal of claim in commercial dispute giving rise to complex issues of contractual construction.

Blue Monkey Gaming Ltd. v Hudson and others [2014] All ER (D) 222 - conversion claim brought against administrators following retention of gaming machines in administration of large high street gaming chain

GenesisUKNet plc v Allianz Insurance [2014] EWHC 3676, QB - insurance claim arising out of fire damage to warehouse - whether managing director responsible for arson

Graham v Every & others [2014] EWCA Civ 191 - s.994 petition - whether adequately particularised - whether susceptible to strike out

M&C Energy Group Ltd. –v- St Cuthbert’s Mill Ltd. [2013] EWHC 571 – claim by energy consultant for unpaid fees under contract for services – questions of contractual construction, misrepresentation and estoppel – Claimant seeking and obtaining summary judgment for damages to be assessed at first instance - judgment upheld on appeal.

Griffin –v- UHY Hacker Young [2010] PNLR 10 – Chancery Division, 4 February 2010, Vos J – claim by sole director against insolvency practitioner – allegedly negligent advice during winding up of company causing commission of strict liability offence by director – whether claim precluded by doctrine of ex turpi causa – strike-out – abuse of process

Redcard Ltd & others –v- Williamson & others [2010] EWHC 1078 – Chancery Division, 23 April 2010, Lewison J – contract for conveyance of property by company – contract signed by lessees as lessees, but not as directors – whether compliance with s.2 Law of Property (Miscellaneous Provisions) Act 1989 – whether compliance with s.44 Companies Act 2006

Kyle Bay Ltd. –v- Various Underwriters [2007] 1 CLC 464, [2007] EWCA Civ 57 – Court of Appeal, 7 February 2007 – fire in nightclub – insurance claim compromised on basis of mutual misunderstanding as to terms of the policy – whether compromise binding

Hart Investments –v- Fidler [2007] BLR 30 – QBD (TCC), 3 November 2006, Coulson J – application (1) to enforce adjudication award and (2) to set aside judgment in default – effect of non-compliance with statutory time limits in adjudication proceedings – validity of service by fax – date of service

 

Recommendations

"I really believe the case was won by your penetrating cross-examination of the opposition witnesses during the hearing.  They could not escape from your remorseless examination of the facts and it's clear that was not lost upon the judge. Please accept our grateful thanks for your professional skill, courtesy and support during this long and trying case." - client testimonial, 1 November 2017

Andrew was voted Business Barrister of the Year 2016 by Lawyer Monthly Magazine. Andrew is also recognised by Global Law Experts as their exclusive professional negligence expert in England.

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. Citations include the following:

"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 

"He has excellent drafting skills and is a good advocate" Legal 500 2015

"Highly experienced in leasehold enfranchisment and related professional negligence matters" Legal 500 2014

"A personable man, who has a keen intellect and a very commercial attitude...a tough, able and sensible practitioner" Chambers & Partner UK 2015

"Someone who offers technical knowledge matched by the ability to give practical advice. One source observed that ‘he impressed greatly with his ability to get to the heart of the issue and grasp the key facts. He has been responsive and has inspired confidence from the start.’”
Chambers UK 2014

 

Awards

Lawyer Monthly Business Barrister of the Year, 2015

Publications

Andrew's articles have regularly appeared in print in legal publications. See the "Related Content" section of the website for details

Qualifications

BA, MA (Oxon), FCI Arb

 

Memberships

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