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Andrew Noble LLB (Hons) [Manchester] FRICS, FCIArb

Contact details

T:   +44 (0) 845 299 6760

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Construction law

Examples of Work Undertaken

Some of Andrew's Real Property Use and Development Cases.

  • Claim by business property to owner against developing local authority for failure to comply with the Party Wall Act 1996;
  • Professional liability claim against a chartered surveyor (grade 2 listed dwelling);
  • Appointed Mediator in boundary disputes;
  • Professional liability claim against a chartered surveyor who failed to identify heave;
  • Appointed by solicitors’ firm in relation to its dilapidations claim with its landlord;
  • Advising and representing parties concerning boundary and RoW disputes involving registered and unregistered land including complex land registry appeal from HM Land Registry Adjudicator’s decision, a case involving riparian owners and fishing rights (as well as rights of way and rights e.g. under s.62 of the LPA) and a public right of way claim in a Public Inquiry;
  • Acting (Advising, Drafting and Representation) as counsel in 10-day 1996 Act (dilapidation/commercial) Arbitration (including subsequently successfully resisting QC’s Applications to set aside the Arbitrator’s award, on the (wrongly) alleged basis it was procured by fraud);
  • Successfully applied to strike out on the first day of the trial a substantial part of Claimant’s claim in a bitter dispute between the buyer and seller of a development property on the basis of prospects given the evidence available and the previous Court Orders. No appeal;
  • Advising landowners and developer’s concerning development land and “Overage” provisions and drafting the same;
  • Advising Home owners concerning conveyancing dispute/misrepresentation involving historical flooding incidents;
  • Acting for commercial warehousing landlord in a substantial rent review dispute involving two connecting properties with two leases;
  • Advising, drafting and representing a Claimant who was met with a claim for damages that the Claimant had abandoned a house which resulted - prior to the limitation period expiring - in its demolition by the next-door neighbour. (The judge exactly agreed with the claimant’s (wopsa2c) damages figure suggested in order to settle the dispute, with significant adverse cost consequences for the defendant.
  • Following a five-day boundary dispute trial, successfully applying to court to commit to prison a pensioner who was persistently in breach of the High Court’s Order concerning the location of the boundary including advising and drafting all the court-based documents (a case that attracted the attention of national newspapers due to the pensioner breaking her neighbours wrist with a spade);
  • Acting (advising, drafting and representing) as counsel in a contested right to light claim before the VC;
  • Applying (advising, drafting and representing) to set aside an Arbitrator’s Rent review Award (concerning a well-known nightclub property) under the Arbitration Act 1996;
  • Presiding and drafting a binding Award as sole Arbitrator in chartered surveyor’s fee dispute arising out of a contract for sale and compulsory purchase of commercial premises;
  • Advising and drafting particulars of claim in a claim against a Lloyd’s underwriter and against an insurance broker;
  • Acting (Advising and drafting POC) in dilapidations claims against outgoing commercial tenants;
  • Advising householders concerning their rights under NHBC insurance policies.
  • Advising parties concerning nuisance and trespass arising out of non-use of the Party Wall Act.

Some further work in the field of Property Use and Development

  • Advising and representing a Development Agency in relation to "overage" arrangement in a binding expert determination against a European contractor for a major superstore.
  • Advising drafting and representing British Railways Board in a land "theft" attempt by adjoining owners and advising a developer concerning a claim based upon the commercial value of land "stolen" and built on by it.
  • Injunctive relief to prevent constructing on land and under the adjoining building owner’s building.
  • Advising, drafting proceedings, and representing a substantial Tenant in a 5 day 1996 Act dilapidations’ arbitration including successfully represented Tenant in challenge by Sub Tenant under s. 68 of the AA96 against both leading and junior counsel who (unsuccessfully) claimed the Arbitrator’s Award was procured by fraud. Successful indemnity costs application in the arbitration.
  • Advising, drafting proceedings and representing developers and others in development issues including, sitting tenants, easements (right to light and right of way), and party wall disputes.
  • Advising Landlord in a breach of covenant claim by a tenant in a 1954 Act regulated tenancy agreement.
  • Advising and drafting proceedings against a householder who undermined a bridge structure and caused significant damage thereto (as well as causing significant delay and disruption to motorists and surrounding businesses).
  • Several Party Wall Act disputes including one substantial dispute involving a hotelier and developer.

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