020 7404 1147

Andrew Locke Called 2008

Andrew Locke

Called 2008

  Email   Booking Enquiry

 

 

Areas of Expertise

Commercial – Landlord & Tenant – Housing – Crime

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 commercial, landlord & tenant/housing and crime. 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.

Commercial/Civil

Having run a variety of his own businesses prior to his career at the Bar, Andrew is well versed in the legal and practical issues involved in this field. This “real world” experience means he takes a common sense and commercially aware 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 solicitors’ firm advising businesses on commercial matters;

As a guide, the cases he can assist with either via a solicitor or on a direct public access basis include:

  • All contractual disputes
  • Partnership disputes
  • Company Law issues
  • Restrictive convenants
  • Passing off
  • Breach of confidentiality
  • Defamation
  • Injunctions
  • Consumer Credit Act cases
  • Loan agreements and guarantees
  • Debt claims

Recent Commercial/Civil Instructions Include

  • Injunction proceedings against animal rights protestors.
  • Breach of confidentiality and procuring breach of contract claim involving industrial espionage and data theft
  • Claim by a deselected councillor for breach of contract and an injunction against a political party
  • Defamation and malicious falsehood claims against 2 individuals and a major online booking agent
  • Claim concerning enforceability of bank guarantees involving misrepresentation, defective deeds, failure of consideration, unfair terms and mistake
  • A number of breach of contract claims
  • Breach of contract/fiduciary duty claim against managing agents who unlawfully granted a tenancy in their own name and also traded in the name of a dissolved company
  • Malicious prosecution claim in the QBD against a local authority

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 either via a solicitor or on a direct public access basis 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

Recent Landlord/Tenant and Housing Instructions Include

  • High value unlawful eviction claim against letting agent and an individual
  • Claim where the landlord asserted there was an assured tenancy and rent arrears following a s.13 increase and the tenant defended on the basis it was a Rent Act tenancy. Successfully defended the possession and rent arrears claim and obtained a declaration it was a Rent Act tenancy. Part 2 of the trial re: disrepair issues to be heard in 2018.
  • Multi-handed claim involving family members claiming against each other for possession of mixed commercial/residential property in central London
  • Unlawful subletting/fraud claim against local authority tenant involving cross-disclosure of evidence from Family Court proceedings.
  • Numerous s.21 and s.8 possession claims
  • Numerous disrepair claims
  • Claim against trespassers occupying under an agreement at the end of a chain of sub-tenancies where the original grantor had no title
  • Statutory nuisance prosecution involving a likely appeal to the High Court on the definition of “owner’ in EPA 1990 s.82 cases.

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.

Recent Criminal Instructions Include

  • Section 18 wounding (stabbing)
  • Section 18 (ear bitten off)
  • Possession with intent to supply Class A (crack)
  • Money laundering (email scam)
  • Breach of (planning) enforcement notice
  • Robbery
  • ABH/offensive weapons
  • Cultivation of cannabis
  • Sexual assault

Other Areas

  • Professional discipline/fitness to practice cases brought by healthcare regulatory bodies such as the NMC, GMC, GDC, GCC, HCPC 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

Commercial/Civil

Canada Goose UK Retail Ltd v. PETA and Persons Unknown (High Court): Representing PETA (People for the Ethical Treatment of Animals) in ongoing proceedings where Canada Goose obtained without notice interim injunctive relief against animal rights activists and organisations protesting outside their West End store.

A.C. v. The Labour Party (High Court): Representing a deselected councillor in ongoing proceedings against the Labour Party in a claim for injunctive relief and damages arising out of irregularities in the candidate selection process.

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

The Royal Bank of Scotland  PLC v. W.S.H. (Central London County Court): Representing a company director in a case involving the enforceability of personal guarantees over company bank loans/overdrafts where the Defendant alleged misrepresentation, deeds void for want of formality, failure of consideration, unfair terms, undue influence and mistake. This case is currently the subject of a pending appeal.

GCC v. Dr R.C. (The Professional Conduct Committee of the General Chiropractors’ Council): Successfully defended a chiropractor facing an allegation that he dishonestly misled the regulator (GCC) in the conduct of an investigation of a patient complaint against him.

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 notice to quit. The Claimant appealed and this was also successfully opposed.

Cassem and Cassem v. Edwards (London Leasehold Valuation Tribunal): Successfully resisted the freeholder’s s.33 application for the costs of an abortive enfranchisement and 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.

Woodhouse Estates Ltd v. Dhorre (Highbury Corner Magistrates Court): Successfully argued that an absentee landlord’s managing agent was the “owner” and/or the “person responsible” and thus the proper defendant to a statutory nuisance prosecution under s.82(2) of the Environmental Protection Act 1990. This is likely to be appealed to the Divisional Court by the Defendant for a definitive ruling on the issue.

Benchlevel Properties Ltd v. Bdeer (Wandsworth County Court): Successfully represented the Defendant tenant in a possession action brought by the landlord who claimed the tenant was an assured tenant in serious rent arrears. The tenant contended the landlord was misrepresenting the status of the tenancy as he had taken up occupation in 1988 not 1990 and that in any event no s.13 notice had been served and, further, the rent arrears had been grossly miscalculated. Involved copious amounts of documentary evidence going back over 30 years and detailed cross examination of the Claimant’s managing agent. The court held that the tenant was a Rent Act tenant and the possession and money claims were dismissed.

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.

Personal Injury

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