"Has a fine reputation at the Bar for his dedicated property litigation practice. He is acknowledged for his work in restrictive covenants and rights to light." Chambers & Partners
Andrew’s practice has an emphasis on real property law. He is recognised as a leading authority on the law of restrictive covenants affecting freehold land, and on the law of rights of light. He has been instructed in many of the major cases in these areas of law in the last two decades. He is the author, and also the co-author of text books on covenants, rights of light and private rights of way.
Andrew’s experience in his fields of chancery work allows him to examine, advise upon and conduct claims where professional negligence issues arise. The particular areas of his expertise in easements and covenant law lead him to being called in where there may be have been negligence by professional advisers such as counsel, solicitors, surveyors and valuers.
The main areas of Andrew’s expertise in the law of real property are restrictive covenants affecting freehold land, rights of light, private rights of way and other easements and boundaries and party walls. His publications (see below) on the first three topics demonstrate his very high degree of knowledge and experience in these three fields in particular. These are very much “niche” areas of work in which he pre-eminent as a barrister. He was a member of the Law Commission’s Advisory Board on the reform of the law of easements and covenants which led to the Report and draft Bill published in June 2011. He was also a member of the Law Commission’s Advisory Board which examined the reform of rights of light and remedies for their breach, which led to the Report and draft Bill published in December 2014.
Within the area of restrictive covenants affecting freehold land he has specific expertise in applications to discharge, or modify such covenants in the Upper Tribunal (Lands Chamber) under s. 84(1) Law of Property Act 1925.
He advises on the validity and enforceability of trading covenants within Chapters I and II of the Competition Act 1998 and under the principles relating to unlawful restraint of trade; see below.
Within the field of restrictive covenants and other property rights and obligations such as rights of light, he works closely with the specialist Indemnity Insurance market, where he is asked to advise, and in contested claims, represent, the insured. In many other cases he will advise insurers and brokers on the risk of claims before indemnity policies are issued.
His work also includes advice and advocacy in registered land disputes, in the First-tier Tribunal, Property Chamber and in the County Court and High Court on matters such as boundaries, easements, adverse possession and other title issues.
As much of his work is either non-contentious, or if contentious, the dispute settles, his expertise is often not in the public domain. Because of this long experience in covenant and rights of light cases he has a comprehensive knowledge of City Centres (London, Leeds, Manchester etc.) and other locations such as residential estates, both as to the present and also their history in terms of development. This means that he can recognise locations where either he has worked before (often spotting potential conflicts of interest) or where Courts and Tribunals have decided cases affecting those locations.
The interface between restrictive covenants over land in England and Wales which restrict competition and the Competition Act 2008 and Articles 101 and 102 of the Treaty on the Functioning of the European Union, requires Andrew’s advice to be sought on such covenants. These covenants may be void under the relevant law in force since 6th April 2011. His consideration of the ECJ decision in Groupement des cartes bancaires (September 2014) as applicable to land agreements potentially within Chapter I Competition Act 1998 has been published in the European Law Reporter (2014 no. 12). Competition law and the effect of that law on land covenants in England and Wales will not be changed to any real extent post BREXIT. The new Chapter 21 in the new edition of Andrew’s book on restrictive covenants (see below under publications) deals with this important aspect of land law which is often either overlooked, or misunderstood. This aspect of the law is now being brought into sharp focus by the effect of the Covid pandemic on retail businesses and the consideration of changes of use where trading covenant issues arise, and also in the light of the decision of the Supreme Court in Peninsular Securities Ltd. v Dunnes Stores (Bangor) Ltd. on 19th August 2020 which changes the law of restraint of trade where applicable to trading and other such covenants.
Andrew is recommended in:
Andrew is a regular contributor to conferences, seminars and webinars.
“Compare & contrast: three lessons from the courts on covenants” – (New Law Journal) (19 June 2020)
“Trouble with rights of light” - (New Law Journal) (24 April 2020)
”Seeing the light through the trees’ - (New Law Journal) (31 May 2019)
“The impact of the Morris-Garner v One Step’ (Support)” - (Estates Gazette) (May 2019), a joint article with Emma Humphreys from Charles Russell Speechlys Law
‘What is it worth?’ - (Property Law Journal) (July/August Edition 2018)
'How builders can banish the covenant problem' - (New Law Journal) (1 June 2018)
'Modifying Restrictive Covenants Leads to Unlocking Value' (Property Investor News) (March Edition 2018)
'Restrictive Covenants and Freehold Land - a Practitioner's Guide' (LexisNexis) (5th Edn., 2020).
'Rights of Light - The Modern Law' (Lexis Nexis) (3rd Edn., January 2015) (with Stephen Bickford-Smith and Tom Weekes). New 4th Edn., due December 2020
'Private Rights of Way' (Jordans) (1st Edn., 2012) (Andrew Francis and three Co-Authors).
'Inheritance Act Claims' (LexisNexis) (Looseleaf: updated twice-yearly). Andrew Francis, Miranda Allardice, Keith Gordon and Eleni Dinenis.
Oxford University (Keble College) 1973-1976. First Class Honours in Jurisprudence (BA) 1976. M.A. (1998).
Called to the Bar (Lincoln’s Inn) November 1977.
Authorised by the Bar Standards Board to accept instructions under the Public Access rules.
Application to modify restrictive covenant over land where the importance of the effect of different planning consents on the application land and their impact on the objector’s property was stressed.
Court striking out the Claimant’s claim based on tortious conspiracy and other allegations as an abuse of the process of the Court. This claim is related to the decision in Kirkby v Heaney (below).
Application under s. 84(1) Law of Property Act 1925 in Upper Tribunal (Lands Chamber) to modify covenants over land near Caversham to allow new houses to be built, with an important discussion in the Tribunal’s decision on certain aspects of the grounds for applications under s. 84(1) and on costs.
Successful application under s. 84(1) Law of Property Act 1925 in Upper Tribunal (Lands Chamber) to modify covenants over land at Northwood to enable development for flats on cleared site.
Successful application under s. 84(1) Law of Property Act 1925 in Upper Tribunal (Lands Chamber) to modify covenants over land near Woking to enable development for new replacement house and garage within curtilage of private land in Surrey Green Belt.
Successful application under s. 84(1) Law of Property Act 1925 in Upper Tribunal (Lands Chamber) to modify covenants over land at Elstree to enable development for flats after demolition of the existing house.
Successful application to discharge restrictive covenant to allow change of use of building in Wantage from offices to residential, despite opposition from adjoining Chinese Take- Away Restaurant owner concerned over complaints about smells and noise from his restaurant from the future residential occupiers.
Upholding decision of Upper Tribunal [2015] UKUT 178 (TCC) on principles applicable to claims to adverse possession of land and s. 9(5) Land Registration Act 2002 and on certain aspect of appeals from the First Tier Tribunal to Upper Tribunal in Land Registration cases.
Decision applying the principles set out by the Supreme Court in Lawrence v Fen Tigers (2014) in claim seeking a mandatory injunction to pull down property built in breach of a restrictive covenant.
Decision refusing permission to appeal from Adjudicator to Her Majesty's Land Registry considering jurisdiction as between resolution of disputes by the Adjudicator (now the First Tier Tribunal) under Land Registration Act 2002 and proceedings for the same relief in the High Court.
Application to modify covenants under S. 84(1) Law of Property Act 1925. The importance of the Applicant’s conduct and the discretion of the Tribunal.
Injunction and damages for interference with rights of light.
Paul joined Trinity Chambers in March 2020 following the closure of Zenith Chambers.
Paul has a wealth of experience in the legal profession having commenced his career in the late 80's and qualified as a legal executive in the early 90's whilst working for one of the countries largest criminal law firms dealing with serious criminal cases before moving to Number One Fountain Court in Birmingham as the Senior Clerk. Following the merger of Number One with St Philips Chambers in 2002 Paul became the Senior Criminal Clerk looking after what was then the largest criminal team in the country at the time.
Paul took almost a decade away from clerking during which he was the Chief Executive of an International Law firm specialising in domestic and international public law and human rights law adding a range of business and management skills to his CV before returning to the Bar in 2017 as the Senior Civil Clerk at Zenith Chambers in Leeds.
Away from Chambers, Paul can be found on the sidelines at Five Ways Old Eds RFC where he played second row for many decades, or coaching the age grade players at Old Halesonians RFC. When not coaching rugby, Paul is a season ticket holder at Bristol Bears (following the demise of Wasps) and religiously follows Ireland Rugby home and away where he enjoys the occasional "sociable pint"! With more time on his hands Paul plans to learn his native Irish language in 2025!
Legal 500 2025
'The clerks' room is excellent. Paul McNab goes the extra mile to assist us and ensures that we always have access to counsel.'
'Steve Walker and Paul McNab are very responsive and a pleasure to deal with.'
Chambers & Partners 2024
'Paul McNab is always available, commercial and pragmatic.'
'Paul McNab, clerk, is the go-to person. If Paul can't do it no one can. He is the finest clerk I have worked with. He's an asset to the chambers.'
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‘Paul McNab, Aimee Bloxham and Josh Stewart-Tilling are always on the end of the phone or email to help us find barristers with availability, even at short notice.’
‘Steve Walker and Paul McNab are always friendly, approachable and make excellent suggestions as to which counsel may be best suited for a particular matter.’
‘Paul McNab is always available and always willing to assist where he can.’
Chambers & Partners 2023
'Paul McNab, clerk, is excellent and has never let me down.'
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‘Clerks are approachable and accommodating.’‘Paul McNab – contactable, adaptable, and provides a good service.’‘Paul McNab is responsive, professional and knowledgeable.’
Chambers & Partners 2022
'Paul McNab is an excellent clerk. He's responsive, reliable and personable.'
Steve joined Trinity Chambers in 2018 as Civil Clerk. He has worked in the legal industry for over 20 years, initially as a Litigation Executive at a number of firms in Manchester and then, from 2004, as a Clerk at leading sets in Manchester, London and Newcastle. Having worked as a litigator for many years prior to becoming a clerk, Steve is acutely aware of the pressures Chambers’ clients work under and goes out of his way to ensure the service they get from Chambers goes beyond that of our competitors.
As well as day to day management of the civil diary Steve is heavily involved in business development and client relationship management for the Civil Team. He is always more than happy to discuss with clients how Chambers, Members of Chambers and the Clerks might tailor the service we offer to best suit your needs.
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'Steve Walker is the perfect clerk'
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'Trinity has a really good clerking team. I deal mostly with Steve Walker, lead civil clerk, who is a pleasure to deal with. He and the rest of his team are very approachable and responsive.'
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‘Steven Walker is excellent.’
‘Steve Walker and Paul McNab are always friendly, approachable and make excellent suggestions as to which counsel may be best suited for a particular matter.’
Chambers & Partners 2023
'Steve Walker has a very good knowledge of the market. He is a very helpful clerk.' 'Steve Walker is very responsive and helpful.'
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‘Steve Walker has always been efficient and helpful.’ ‘All of the clerks are responsive and helpful. Steven Walker is superb.’ ‘Steven Walker will go above and beyond for his clients ensuring that instructing solicitors are matched with the right barrister matching their skill set for the matter.’ ‘Clerking is first class. Steve Walker and Josh Stewart-Tilling provide a quick and helpful service.’
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Josh joined Trinity in 2020 as a Clerk on the Civil team after working for 5 years in business management. The transferable skills gained have enabled him to make this change in career and given him the chance to revert back to his university degree in Philosophy and Theology.
Within the Civil clerking, Josh heads up the clerking of the Employment Law team.
Outside of Chambers Josh enjoys playing football and following his beloved Newcastle United where he has had a season ticket since he was a young boy. He also enjoys playing music as part of a band, predominantly playing drums but plays piano and sax as well.
Chambers & Partners 2024
'The service from the clerks is first rate. There is never any delay in replying to correspondence and they are always very helpful. Josh Stewart-Tilling is the lead employment clerk.'
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‘Paul McNab, Aimee Bloxham and Josh Stewart-Tilling are always on the end of the phone or email to help us find barristers with availability, even at short notice.’
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‘Clerking is first class. Steve Walker and Josh Stewart-Tilling provide a quick and helpful service.’
Aimee joined Trinity in 2021 as a Junior Clerk within the Civil team, after 1 year of working as a litigation paralegal in a well-regarded, Newcastle based law firm. Here she developed an eye for detail and great organisational skills, moreover she gained a sound understanding of court procedures and litigation paperwork.
Aimee achieved a first-class BA (Honours) degree in Children and Young People from Newcastle College University Centre in 2019. She completed a dissertation on the advantages and challenges of standardised testing in primary schools and comparatively researched the difference between testing in both Year 2 and Year 6. While studying for her BA degree, Aimee worked in a nursery for 2 years where she was able to enhance her communication skills and teamworking abilities.
Outside of chambers Aimee enjoys walking her dog along the beach, socialising with friends, and travelling.
Legal 500 2025
'Aimee Bloxham is an absolute asset to chambers and has a great rapport with solicitors.'
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‘Paul McNab, Aimee Bloxham and Josh Stewart-Tilling are always on the end of the phone or email to help us find barristers with availability, even at short notice.’
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