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Andrew Locke Called 2008

Andrew Locke

Called 2008

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Areas of Expertise

Crime – Commercial – Landlord & Tenant – Housing

Andrew came to the Bar in 2008 after a career in music, then later the property business, and has built a a mixed practice which encompasses crime, commercial and landlord & tenant/housing. He believes that each of these practice areas compliments the other – the skill “on his feet” gained in the criminal courts proves very useful when involved in civil trials, and when appearing in the Crown Court, the technical dexterity in legal argument gained in civil cases pays dividends when matters of law need to be dealt with.

He prides himself on his friendly, down to earth and non-judgemental approach and is often chosen by solicitors to represent difficult or vulnerable clients.

Andrew is also licensed to accept public access instructions and is an accredited police station representative.

Crime

Andrew is a passionate and committed criminal defence advocate with experience up to and including the Court of Appeal. He continues to be instructed in serious Crown Court matters such as s.18 GBH, false imprisonment, drug dealing/production, firearms matters, money laundering and sexual offences (both recent and historic). He also regularly appears in matters which straddle the criminal/civil boundary such as statutory nuisance, CBO and planning enforcement cases.

Andrew is known not only for his skilful advocacy in front of the jury but also for tenacious, well thought out legal argument in their absence, and, whenever possible, for negotiating with the Crown to have counts removed from the indictment altogether – a judge in a cannabis cultivation case recently commenting that he could not understand why Andrew’s client (first on the indictment) was the only defendant who had his money laundering count dropped!

Commercial/Civil

Andrew has a great deal of experience in this field, having run a variety of his own businesses prior to his career at the Bar, including helping to manage a firm of property management consultants and chartered surveyors. This “real world” experience means he takes a practical and commercially aware, common sense approach to advice and representation.

He has advised and represented individuals and businesses in all manner of proceedings up to High Court and appellate level.

In 2015 Andrew spent 8 months working with a large commercial solicitors’ firm advising small/medium sized businesses on commercial matters;

As a guide, the cases he can assist with include:
All contractual disputes
Partnership disputes
Company Law issues
Restrictive convenants
Passing off
Injunctions
Consumer Credit Act cases
Loan agreements and guarantees
Debt claims

Andrew also runs an online/telephone legal advice service for small/medium businesses:
www.thelegallifeline.co.uk

Landlord & Tenant/Housing

Andrew has a great deal of experience in this field, having worked for 15 years prior to becoming a barrister in a in a firm of property management consultants and chartered surveyors.

He has been instructed by both landlords and tenants in all types of proceedings, including winning at trial and then successfully opposing an appeal by a local authority on an unusual point of law concerning the surrender of a tenancy with a sub-tenant in occupation. He also represented the tenants in a long running and complex series of 3 related cases involving no less than 7 pre-trial applications (strike outs x 4, relief from sanctions x 2, debarring landlord from defending counterclaim) of which he succeeded in all but one. The landlord also brought 4 separate appeals (strike out x 2, trial, costs), which were all successfully opposed.

In addition to his chambers’ practice, in 2016 he spent 4 months consulting for a firm of solicitors, helping them organise and troubleshoot their housing disrepair, possession and statutory nuisance caseload after they had gone through a difficult transitional period. As a result, cases which would otherwise have been discontinued were successfully settled or proceeded to trial.

Andrew is probably the only barrister practising in England and Wales who has this range of experience, and it enables him to view and deal with disputes from both a practical and legal perspective.

The types of cases he can help either landlords or tenants with include:
Possession actions
Disrepair claims
Injunctions
Unlawful eviction claims
Deposit protection claims
Statutory nuisance prosecutions (Environmental Protection Act 1990 s.82)
Breach of HMO licensing etc
Applications to set aside orders for possession
Drafting s.8 and s.21 notices

Other Areas

Professional discipline/fitness to practice cases brought by healthcare regulatory bodies such as the NMC, GMC, GDC and GphC etc. Having gained valuable experience prosecuting misconduct and health impairment cases as an in house lawyer for the NMC, he is aware how such bodies operate and the pitfalls and problems which can be encountered (and avoided) when dealing with them.
Licensing (especially private hire/taxi and alcohol).
Planning enforcement.
Personal injury.
Private family law work.

Notable Cases

Crime

R v. Hawthorn (Court of Appeal) Successful appeal before the former Lord Chief Justice (then President of the QBD) against a sentence that was both unlawful and passed on an incorrect factual basis.

R v. Anderson (Court of Appeal): Successful appeal against manifestly excessive sentences.

R v Ward (Isleworth Crown Court): Only one of 3 defendants acquitted in a distraction burglary and fraud case involving thousands of pages of cell site and mobile phone attribution evidence.

R v. Graham (Inner London Crown Court): Successful legal argument before the Central Family Court relying on Re: EC and Re: W, that inconsistent evidence served by the complainant in a family court application should be disclosed into the criminal proceedings. The defendant was subsequently acquitted.

R v. Pitcher (Isleworth Crown Court): “Air-rage” and sexual assault case which was widely reported in the tabloid press.

Commercial

L v. M (High Court): Representing a solicitor involved in a protracted series of cases against his former lay client involving allegations of fraud and professional misconduct which have been going on for the past 2 decades.

Landlord and Tenant/Housing

LB Southwark v. Oxford (Central London County Court): Successfully defended a possession claim against an unlawful subtenant and obtained a declaration that she was the secure tenant of the Claimant landlord due to the lawful secure tenant having surrendered her tenancy prior to expiry of NTQ. The Claimant appealed and this was also successfully opposed.

Cassem and Cassem v. Edwards (London Leasehold Valuation Tribunal): Not only successfully resisted the freeholder’s s.33 application for the costs of an abortive enfranchisement but also obtained costs against the freeholder. An unusual case which concerned whether the freeholder could legitimately claim costs under LRHUDA 1993 s.33 where they had acted unreasonably and/or had encouraged or permitted a director of the freehold company (who was also the uncle of and had the same name as one of the leaseholders) to sabotage the enfranchisement. Reported at: www.lease-advice.org.uk/decisions/pdf/ 1456.pdf.

Personal Injury

Hussein v. Ball, Novea Corp Underwriting Ltd (Manchester County Court): Representing the director of a claims management company in a claim for personal injury and credit hire where the insurer alleged fraud. Successfully proved the claim, which required lengthy cross examination of a forensic engineer and although fundamental dishonesty was found in the claim for general damages, nevertheless obtained multitrack costs against the insurer.

Judicial Review

Siemilet v. City of Westminster Magistrates’ Court (Admin Court), 27 November 2012 (reported in Crimeline 2013): Judicial Review – did the District Judge err in law or act irrationally when he disallowed the Requested Person’s costs following the compromise of a European Arrest Warrant?

Secondments Etc

Andrew has been seconded to or worked with:
The Financial Services Authority (now FCA)
The July 7th Suicide Bombings Inquest
The Nursing and Midwifery Council
LHS Solicitors

Training & Compliance

In addition to his day to day practice, Andrew offers legal compliance training to property professionals. He also regularly assists his Inn with advocacy training and advice to prospective pupils and BTPC students.

Qualifications

LL.B(Hons) (London) – 1st class
BVC – Very Competent

Prizes & Scholarships

Pearson Education Prize in Contract Law (2001)
Inner Temple Scholarship (2006)
Inner Temple Exhibition (2006)

Interests

Andrew is a passionate motorcyclist who enjoys watching MotoGP and occasionally participating in trackdays. He also boxes and trains regularly. His more sedate pursuits include socialising, reading and watching documentaries, particularly history and cosmology.