Andrew Clark

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, 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

• Equitable Protection, including undue influence, confidentiality, fiduciary duties, equitable estoppel and equitable remedies (for example, rectification, specific performance and injunctions - e.g. to restrain breach of post-termination covenants)

• 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 irresponsible lending.

Commercial Litigation:

• Contractual Disputes

• Professional Negligence

Older and Vulnerable People

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

Notable Cases:

• Kerrigan v Elevate Credit International Limited [2020] EWHC 2169 (Comm)

• 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

Prescribed Information

Mr Andrew Clark is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Mr Clark can be found here.

Mr Andrew Clark’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for Mr Clark to undertake advocacy before courts and tribunals for a fixed fee in respect of preparation and the first day (brief fee) plus a further fee (refresher) in respect of each additional day in court. For advisory work, it is most common for Mr Clark to charge an hourly rate, although a fixed fee may be negotiated.  Mr Clark will typically return paperwork within 14 days. However, professional commitments, complexity and volume of documentation may affect this approximate timescale.