Andrew Francis > Serle Court > London, England > Lawyer Profile

Serle Court
6 NEW SQUARE, LINCOLN'S INN
LONDON
WC2A 3QS
England

Position

Barrister with a practice which specialises in real property advice and litigation. He is the author of three textbooks in this field. The specialist areas of his practice are rights of light, party walls and restrictive covenants. He is one of the very few experts at the Bar who can deal with the complexities of the law of light and is consulted by surveyors who specialise in that area of law. He has advised on the rights of light issues affecting many sites in London and other major cities, and abroad such as in Gibraltar. His rights of light experience is married to his expertise in party wall cases. His other property specialism, restrictive covenants, consists of work where the meaning and enforceability of covenants is in issue. Most recent cases of note are: Scott v Winter [2015] (injunction to retain breach of restrictive covenant); Kirkby v Heaney [2016] Court of Appeal (possessory title claim under Land Registration Act 2002) and Re Waggott’s Application [2017] (application to discharge restrictive covenant in Upper Tribunal (Lands Chamber). He also has a practice in disputes concerning deceased persons’ estates, and this leads to his work in probate and family provision claims.  His experience in this field of law is demonstrated by his authorship of the only loose-leaf book on claims under the Inheritance (Provision for Family and Dependants) Act 1975. He also practises at Zenith Chambers in Leeds.

Career

Called 1977, Lincoln’s Inn. Master of the Bench, Lincoln’s Inn 2009. Regular speaker on real property and probate matters at professional conferences and seminars. Publications: author ‘Restrictive Covenants and Freehold Land – a Practitioner’s Guide’ (Jordans 4th edition March 2013, 5th edition due early 2018); joint author ‘Rights of Light – The Modern Law’ (Jordans, 3rd edition January 2015) with Stephen Bickford-Smith and Tom Weekes; joint author ‘Private Rights of Way’ (Jordans 1st edition 2012) ‘Inheritance Act Claims – Law Practice and Procedure’ (Jordans 2003 looseleaf); joint author ‘Contentious Probate Claims’ (Sweet & Maxwell 2004) with Hedley Marten.

Memberships

Chancery Bar Association; Property Bar Association; Pyramus & Thisbe Club.

Education

City of London Freemen’s School. Keble College, Oxford (1976 BA Hons Law (1st); 1999 MA).

Lawyer Rankings

London Bar > Private client: trusts and probate

(Leading Juniors)Ranked: Tier 4

Andrew FrancisSerle Court

London Bar > Property litigation

(Leading Juniors)Ranked: Tier 2

Andrew FrancisSerle CourtAndrew’s knowledge of property law generally, and the field of restrictive covenants specifically, is immense and benefits significantly from his ability to explain these areas clearly and concisely.

Serle Court offers a number of approachable specialists, providing detailed expertise to the often convoluted issues centering around covenants, land registration, trusts and easements. Rupert Reed KC is representing a offshore property developer in Aurium Estate London Ultra Prime Ltd v Mishcon de Reya LLP; with the developer bringing the negligence claim against the real property team of the legal firm for its failure to advise on the litigation risk inherent in a plan to demolish a building and build around a hold-out tenant, the case is worth close to £50 million and one of the most anticipated of 2022. Christopher Stoner KC  epresented the defendant in Horsford v Horsford, a High Court case involving a complex proprietary estoppel counterclaim relating to a family dispute over shares in a farm; Christopher also has niche expertise in water related property matters and the law of canals. Andrew Francis , along with party walls and restrictive covenants, has particular experience in right to light matters, advising on issues which affect sites both domestically and abroad.