Andrew Baines
Partner
T: +44 (0)117 3218072
F: +44 (0)117 3218022
a.baines@ashfords.co.uk
Andrew joined Ashfords in May 2008 from Burges Salmon where he had been in practice since 1996. Andrew deals with all aspects of property problems and disputes, from advising on how to avoid or solve problems or manage property risks, to resolving disputes by a variety of means including mediation, arbitration, tribunals or conventional court action.
Andrew's areas of practice include:
- Advising landlords and tenants on all issues arising from leasehold relationships, including: covenant enforcement, dilapidations, rent arrears, service charge disputes, rent review, lease renewals, break clauses, possession actions and insolvency;
- Acting for lending institutions and receivers in relation to secured lending recoveries, enforcement, and title defects and landlord and tenant issues;
- Advising land owners and developers on issues relating to title to land, restrictive covenants, rights of way and other easements, options, pre-emption agreements and other property interests;
- Land Registry adjudications and Lands Tribunal applications, injunctions, rectification claims and other special court actions; and
- Recovering compensation from negligent property professionals.
- Nationwide Building Society v Balmer Radmore [1999] Lloyds Rep PN 241 and the Paragon Finance managed litigation (solicitors' professional negligence);
- Smith v South Gloucestershire Council (2002) 38 EG 206 (Court of Appeal damages for breach of statutory duty in relation to a defective Local Land Charges search);
- overcoming title defects in portfolio of mortgage security to obtain recovery for lender;
- James Hay Pension Trustees Ltd v Cooper Estates Ltd [2005] EWHC 36 (rectification of transfer plan to remove ransom strip affecting development land);
- achieving the release of valuable development land from a restrictive covenant;
- Coleg Elidyr (Camphill Communities Wales) Ltd v Koeller [2005] EWCA Civ 856 (Court of Appeal possession of property and application of rules of natural justice);
- obtaining an injunction on behalf of farmers to remove obstructions to tenanted land;
- obtaining compensation for the pension fund of a blue-chip plc in a multi-million pound professional negligence claim relating to an option agreement affecting a proposed development;
- resisting adverse possession claims on behalf of a receiver of development land;
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advising the landlord of prestigious London retail premises in its plans for redevelopment and resisting the tenant's lease renewal application; and
- advising a property investment fund in connection with the insolvency of tenants of a substantial industrial estate.
Andrew is a member of the Property Litigation Association.