Andrew
Brooke

Current and recent instructions as sole counsel include:

• Ross v Amicus Finance Ltd (CC): Whether the guarantor of company’s liability under a short-term bridging loan had a counterclaim against the mortgagee creditor for alleged breaches of the mortgage deed. In issue was whether there was an implied term obliging the mortgagee to give consent to or assists with the grant of tenancies out of the charged property.
• In re a debtor (ChD): Whether the guarantor of a company’s liability under another short-term bridging loan had a counterclaim against the mortgagee arising from alleged breaches of duty by the receivers appointed over the company’s property. Issues were the extent of liability of a mortgagee for actions of receivers. There was also a distinct issue of construction of the guarantee and whether the cap over the principal indebtedness extended also to accrued interest.
• In re Bangladesh Medical Association in the UK Ltd (ChD): Interim proceedings involving injunction to restrain the defendant from holding himself out as director; application by the defendant to strike out the claimant’s statement of case inter alia on the basis of lack of authority to commence proceedings in the name of the company and the principle in Ex parte Johnson [1991] BCC 234 on the improper involvement of the company in disputes over internal governance: [2024] 7 WLUK 47.
• In re a charity (ChD): Related insolvency proceedings against charitable unincorporated association and its officers and trustees arising from a loan. Application of s.221 of the Insolvency Act 1986; nature and extent of liability of trustees and officers of a charitable unincorporated association.
• Various insolvency proceedings concerning directors’ breaches of duty, unauthorised disbursements, and overdrawn director’s loan accounts. Issues have involved the legal status of such drawings, and duties owed when a company is on the brink of insolvency.
• Contested bankruptcy petitions where the debtor’s place of residence and the court’s jurisdiction to order bankruptcy were in issue.
• Application to set aside statutory demand by beneficiary against executor involving issues of probate and law of trusts as well as beneficial ownership of property.
• Appointment of administrators, interaction with existing insolvency proceedings, advice on challenges to acts of administrators.
• Private examination of the bankrupt and third parties and question of costs of the trustee.
• Trustee’s application against bankrupt’s widow for repossession of family home, including issue of jurisdiction and costs.
• Case of unfair prejudice petition, exclusion of directors, and interlocutory remedies in respect of the control of the company.

Current and recent instructions as sole counsel include:

Instructions as sole counsel include residential possession hearings (trials and shorter claims), forfeiture, dilapidation, nuisance, adverse possession, and service charge disputes.

• Various proceedings: allegations of unlawful eviction, trespass, and conversion arising in the context of possession trials.
• Cases of licenses to occupy, erect upon, or enjoy use of land, including the question of revocability of such licences.
• In re a mooring agreement (CC): the construction of a mooring agreement, whether it amounted to a lease or licence, whether it had been forfeited, and if so, whether relief should be granted.
• Several cases involving liability of the lessee to give vacant possession and for constructive trespass through subtenants, where statutorily-protected subtenants remain in occupation.
• Multi-day FTT hearings involving service charge disputes.
• Advice in case where receivers had been invalidly appointed, issues including construction of mortgage deed and remedies.
• Advice in case of historic residential premises as to whether proposed works fell within the terms of the lease and were reasonable for purposes of service charge.
• Advice on and acting in cases of nuisance in the context of adjacent lands as well as neighbours in blocks of flats. They have touched upon owner’s liability for the acts of independent contractors, liability for acts of nature, and questions of defects in construction.
• Advice in case of enforcement of charging orders where two properties had been transferred by the judgment debtor, including consideration of the Land Registration Act, overreaching, resulting trusts, and further enforcement remedies.
• Advice in case of alleged breach of duty by conveyancing solicitors. Question of quantum of loss arising from loss of rent and wasted expenditure on untenantable property.

Current and recent instructions as sole counsel include:

The law of trust and trustees permeates most of the work undertaken by Andrew Brooke.

Examples of cases include:

• P v W (ChD, Bristol): Probate claim involving allegations of fraudulent misappropriate of estate assets, tracing, and resulting and constructive trusts arising over proceeds.
• In re a charity (ChD): nature of the operation of an unincorporated charitable association; extent of liability of past and present trustees for obligations of predecessors.
• G v J (CC): In the context of insolvency action against an unincorporated association,In the trial of another case, the court had to consider whether a racing ‘partnership’ fell within the Partnership Act 1890 or was to be construed as an unincorporated association. Also in issue was the question of the proper division of assets upon dissolution.
• Constructive trusts over domestic properties, including a case of interesting inconsistencies in the transfer deed and whether it amounted to the creation of an express trust.
• Equitable accounting and orders for sale of property held on trust, including allegations of forgery of trustee deeds and non est factum.
• Undue influence and duress in the context of family gifts and transactions.

Current and recent instructions as sole counsel include:

Instructions as sole counsel have included advice on construction of contracts, interlocutory relief applications, drafting of claims, and trials.

• S v M (QBD, Newcastle): Claim by agent against principal for non-payment of commission involving sale of subsea trenchers. One of the issues was the geographical scope of the Commercial Agents Directive, since the agent’s remit was southeast Asia.
• R v B (CC): Claim by commercial solicitors’ firm against former client for non-payment of fees, questions of duress and professional duties.
• N v A (CC): Claim for enforcement of charge over property, issues being whether the guarantor’s signature had been procured by undue influence, whether the chargee had notice thereof, and whether the chargee had taken steps to comply with its duties following notice. Pt 20 claim for indemnity against principal debtor.
• Orsted Power Sales v Sleaford Properties Ltd (CC): Claim by electricity company against landlord of commercial premises for non-payment of invoices, issue being whether the electricity company was barred by estoppel from charging out-of-contract rates.
• A&S Refurbishments Ltd v Les Filles Ltd & anor (CC): Claim by construction company against owner of commercial premises for non-payment of fees. Counterclaim involving multiple allegations of defective work. One of central issues was whether agreement contained warranty by company to lay pipes in certain arrangement despite unforeseen structural impediments rendering it vastly more difficult. Another issue was whether joint-expert’s adverse findings should be adopted by the court.
• O v M (QBD): Claim for conversion by tenant of commercial premises (involving urgent interlocutory application for delivery up of goods) against landlord and substantial counterclaim for dilapidations.
• C v C (CC, ChD): Case of machine learning software dispute which had been struck out shortly before trial. Technical issues of defective work and non-enforcement due to illegality arose. In application hearing, the question was whether the defendant should nonetheless pay the claimant’s costs following discontinuation of the counterclaim after the strike out. Permission to appeal hearing regarding the strike out order.
• Advice and drafting in partnership case where agreement to wind up the partnership had been breached. Consideration of account and winding up under the 1890 Act where agreement has been tainted by misrepresentation, and determination of the partnership’s capital and ownership of assets.
• Advice on misrepresentation arising in the context of commercial client and electricity broker.
• Norwich Pharmacal applications involving victims of fraud and third-party banks.