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Introduction

A key focus of Andy’s work is commercial landlord and tenant, from the interpretation of break clauses to terminal dilapidations claims.  She has a strong practice in lease renewals under the 1954 Act. She has recently acted on injunctions for Stagecoach, Cancer Research and TfL involving commercial premises.

She has a particular interest in the Electronic Communications Code and routinely acts for landowners seeking to remove mobile phone masts and other apparatus from their land. She is currently testing a solution to the “Catch 22” involving the interplay of the Code and a ground (f) opposed lease renewal.

Her recent work on property damage includes the first trial in England & Wales on the liability for property damage from Japanese Knotweed, advising on a sinkhole and for loss sustained as a result of a landslip. She also has experience of some more specialist areas of property law, for example, mobile homes, canal boats and a nudist colony.

Andy is noted for her excellent forensic analysis skills and incisive witness handling. One expert building surveyor compared the experience to being “cross-examined by a smiling Doberman”.

Andy came to the Bar after a successful career in industry, latterly as the director of an international manufacturing company. This experience, allied with her first degree in business and finance, means she provides clients with commercially-focused advice.

Outside of work she enjoys skiing, scuba diving and travel (which is lucky as she is married to an airline pilot).

Reported Cases:

  • Farrar v Leongreen Ltd [2017] EWCA Civ 2211 – on whether a claim for mesne profits and a claim for possession against a trespasser are based on the same cause of action (‘claims in trespass’).
  • Spielplatz Ltd v Pearson [2015] EWCA Civ 804 – consideration of annexation of structures following the House of Lords decision in Elitestone v Morris [1977] 1 WLR 687.
  • Thandi v Sands [2014] EWHC 2378 (Ch) – dispute over beneficial interest in portfolio of 16 properties following bankruptcy.
  • Swan Housing Association Ltd v Gill [2012] EWHC 3129 (QB)- on the county court’s jurisdiction in cases involving adverse possession in light of the Land Registration Act 2002.
  • Aksu v LB Enfield [2012] EWCA Civ 60 - renewal tenancy opposed on ground (b).
  • Murphy v Wyatt [2011] EWCA Civ 408 – whether the Mobile Homes Act 1983 provided security of tenure retrospectively to a tenancy which did not preclude the siting of a caravan on a 1.7 acre site.
  • Chelsea Building Society v Nash [2010] EWCA Civ 1247 – effect of a lender’s settlement with one debtor on their joint liability.

Recent seminars Andy has given include :

  • Wayleaves/Telecoms: Property Rights for the Digital Economy
  • The Emergence of Proximate Nuisance
  • Liability in Dilapidations
  • Fixtures at the End of Term
  • From Floods & Fires to Sinkholes: the Current State of the Law in Property Damage
  • Tactics in Lease Renewals
  • Property Issues in Site Development