Andrew Clark

Andrew Clark

Year of call:

1994, Inner Temple, Former Solicitor: Admitted 1988

Contact:

Andrew Clark

Associations:

Chancery Bar Association,
Northern Circuit Commercial Bar Association
Northern Chancery Bar Association
Northern Contentious Probate Group
Financial Services Lawyers Association

Education:

MA (Oxon), Jurisprudence, New College

AREAS OF PRACTICE

Contentious Chancery:

• Trusts, both express and implied, including directions to trustees, breach of trust, T.O.L.A.T.A. claims and interventions in ancillary relief.

• Wills, Probate and Administration of Estates, including family provision

• Real Property, including title, boundaries, easements, restrictive covenants, land contracts (for example options) and adverse possession.

• Partnerships, including breaches of partnership agreements and of fiduciary obligations, partnership property and winding up

• Mortgages, Charges and Securities

• Landlord and Tenant, including forfeiture, renewal of business tenancies, covenants, dilapidations, and service charges

• Equity, including undue influence, confidentiality, fiduciary duties, equitable estoppel and equitable remedies (for example, rectification, specific performance and injunctions)

• Financial Services and Consumer Credit, including financial product mis-selling (for example unfair relationships, extortionate credit bargains, FSMA 2000 and breach of fiduciary duty, including accessory liability) and appearing before the Regulatory Decisions Committee of the F.C.A.

Commercial Litigation:

• Contractual Disputes

• Professional Negligence

Older and Vulnerable People

Void and Voidable Gifts, Court of Protection (Property and Affairs), Community Care

Notable Cases:

• Burns v Burns [2016] EWCA Civ 37, [2016] WTLR 755

• By court appointment, Andrew Clark represented the interests of consumer borrowers from Welcome Financial Services Ltd who might be affected by a declaration sought as to the scope of its scheme of arrangement: Re Welcome Financial Services Ltd [2015] EWHC 815 (Ch), [2015] 2 BCLC 141

• McWilliam v Norton Finance (UK) Ltd [2015] EWCA 186, [2015] 1 All ER (Comm) 1026

• Goenka v Goenka and Others [2014] EWHC 2966 (Ch), [2016] Ch 267, [2015] 4 All ER 123

• Yang v Manchester City Council [2013] EWHC 3577 (Ch), [2014] BPIR 826

• Andrew Clark has been involved in a number of leading financial product mis-selling cases, including Harrison v Black Horse Ltd [2010] EWHC 3152 (QB), [2011] Lloyds Rep IR 455 and [2011] EWCA 1128, [2012] Lloyds Rep IR 212 , Holdstock v Endeavour Personal Finance Ltd [2012] EWCA Civ 1781 and Plevin v Paragon Personal Finance Ltd [2017] UKSC 23

• J. L. Builders & Son v Naylor [2009] EWCA 1621

‘A very good advocate with an ability to go straight to the real issue in a case.’

Legal 500, 2016


“He has an incisive intellect, and gets to the bottom of any problem at an impressive speed.”

Legal 500, 2015


"His written opinions are thorough and on the mark."

Legal 500 2014


"recommended"

Legal 500 2013


“recommended”

Legal 500 2012


“recommended for commercial and chancery work.”

Legal 500 2011


“not afraid to explore and advance difficult arguments and is equally astute at identifying flaws in a case at an early stage.”

Legal 500 2010


“developing a fine reputation for his advice on constructive trusts and commercial agents’ disputes.”

Chambers & Partners 2005


“has established a solid Chancery practice.”

Legal 500 2005


“well-respected for his chancery and commercial work.”

Chambers & Partners 2006


“has a solid Chancery and commercial practice.”

Legal 500 2006–7


Specialist Areas of Practice:

Chancery and Commercial

Community Care

Download CVs:

Commercial & Property CV [PDF]

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