Contact details

Andrew Myers

T: +44 20 7809 2275 Email Andrew | vCard Office: London

Awards

Real estate litigation

Real estate litigation

Property litigation

Property litigation

Professional negligence

Professional negligence

Andrew Myers Partner

Contact details

Andrew Myers

Andrew Myers
Partner

T: +44 20 7809 2275 Email Andrew | vCard Office: London

Andrew is well known as a tenacious litigator who gets results. His “no nonsense” approach cuts to the chase and gets his clients results. He frequently takes on cases where other lawyers have floundered and turns them around. The directories have described Andrew as a "red hot litigator" and someone who "fights hard but fair". Andrew has particular expertise in property­-related disputes.
  • Profile
  • Services

Andrew has over 25 years' experience specialising in property disputes, contract disputes and professional negligence claims. His property litigation experience spans the full range and includes dilapidations claims, enforcing covenants, tenant insolvency, restrictive covenants, lease renewals and suing other solicitors who have drafted property documents negligently.

He is an experienced tactician, a solicitor advocate. He recently won a Court of Appeal case, as sole advocate, successfully arguing against the QC on the other side. Andrew is also experienced at using “no win no fee” to his clients’ benefit.

Andrew is currently acting on one of the first rent arbitrations under the Commercial Rent (Coronavirus) Act 2022 addressing a 7-figure level of arrears on a trophy asset. He has already got the arbitrator to order the tenant to produce a lot of additional accounting documentation to ensure that the tenant does not falsely claim impecuniosity.

Andrew acted for the successful tenants in the largest ever enfranchisement claim -
Westbrook Dolphin Square Limited v Friends Life Ltd.

He acted for the successful defendants in a dispute concerning a failed joint venture to build a shopping centre in Wolverhampton. Andrew’s clients were sued for £56 million. The judge ordered them to pay just £2 (and made their opponents reimburse Andrew’s clients' legal costs).

He recently took Lidl to the Court of Appeal on a joint venture property dispute, and recovered a very substantial overage payment for a local authority.

Andrew acts for several large institutional pension fund landlords, as well as several entrepreneurial property companies. But he also acts for smaller businesses and institutions. He recently settled a claim by a property agent whose introduction fee a national housebuilder had refused to pay. Andrew also successfully defended a widow from an attempt by her relatives to take her late husband's estate, and a local charity whose landlord tried (but failed) to forfeit the charity’s 89 year lease.

The Legal directories describe Andrew as “shrewd and determined’ (Legal 500 2018 edition) and “a real fighter” who “completely runs the show in landlord and tenant stuff”” (Chambers 2013). The Legal 500 (2017 edition) has described him as having “boundless enthusiasm” with “great attention to detail and considerable tenancy.” As Chambers UK 2015 states "he's very commercial. He sees the wood for the trees and has your interests at heart.”

"He is a great strategist who grasps the key issues super fast, is robust in his advice and always offers practical solutions."

Chambers UK 2023

  • Real estate litigation
  • Commercial litigation

Andrew has over 25 years' experience in all types of property disputes including dilapidations claims, enforcing covenants, tenant insolvency, restrictive covenants, lease renewals and negligently drafted property documents.

Dolphin Square enfranchisement claim

Andrew acted for the successful tenants in the largest ever enfranchisement claim Westbrook Dolphin Square Limited v Friends Life Ltd [2014] EWHC 2433 (Ch). Following the trial the judge declared the proposed £111.7 million purchase price as realistic and dismissed all six of the landlord’s attempts to block the enfranchisement.

Property joint venture disputes

Andrew acted for the successful defendants in a dispute concerning a failed joint venture to build a shopping centre in Wolverhampton. Multi Veste 226 BV v NI Summer Row Unitholder BV [2011] EWHC 2026 (Ch). Multi Corporation sued Andrew’s clients for £56 million. The judge awarded Multi just £2 (and made them pay Andrew’s clients' legal costs).

Andrew acted for a property developer who took Lidl to the Court of Appeal when Lidl pulled out of a property joint venture- Generator Developments Limited v Lidl UK GmbH [2018] EWCA Civ 396.

Dilapidations

Andrew acted on a £5 million dilapidations claim against BT (settled just before trial, again with his clients getting their costs).

Andrew’s dilapidations practice has also shaped the law in this area. His cases include Van Dal Footwear Ltd v Ryman Ltd [2010] 1 All ER 883 and Westminster City Council v HSBC Bank plc [2003] 1 EGLR 62.

HMV

Andrew acted against HMV following its first  administration, forcing it to relocate from the Oxford Street premises.

HS2

Andrew is currently seeking an 8 figure sum from HS2 as compensation following its compulsory purchase of his client’s property.  Andrew has forced HS2 to prioritise compensating his client.

Suing a top 10 law firm over a mistake in a conveyancing transaction

Clients who had lost a claim using a top 10 law firm came to Andrew, who identified the problem: the law firm’s original documentation had been negligently drafted.  Andrew is now bringing  a claim of just under £2 million against that law firm

Andrew has acted on a variety of commercial disputes, including a substantial number of professional negligence claims and contract disputes.

Professional negligence

Andrew advised on a professional negligence claim against a top 30 law firm in relation to a failure to advise correctly in relation to a £16 million loan and defective security provisions required for the purchase of a children's wear retail chain.
 
Andrew also advised on a professional negligence claim from a top 60 law firm on their mishandling of the contracts and guarantees that underpinned this acquisition of the retail premises.

Contract disputes

Andrew handles a range of contract disputes.  He is suing Lone Star for a substantial introduction fee.  He has acted for clients suing Habib Bank in a breach of mandate case and he acts for a well­known firm of tutors, handling a number of disputes for them.  He has also successfully settled a very large misrepresentation claim against a large institution.

More: Commercial litigation

Awards

Real estate litigation

Real estate litigation

Property litigation

Property litigation

Professional negligence

Professional negligence

Latest news & insights

03 May 2023

From Insights

Nuisance – you can overlook it…

Considerations for unusual developments

More

01 Feb 2023

From Insights

Service charges – pay now, argue later?

How conclusive is a service charge certificate?

More

08 Aug 2022

From Insights

Landlord remedies for rent arrears – where are we now?

What can landlords do if a tenant has not paid its rent?

More

02 Aug 2022

From Insights

Subject to contract … or not? Don't rely on the label….

You're a property investor and interior designer. A developer approaches you with a good project and you agree to set up a joint venture company to implement it. You b..

More

22 Mar 2022

From Insights

Good news for landlords wishing to recover rent arrears

Three major restrictions on landlords' ability to recover rent arrears are about to end. Landlords' options will very shortly be much wider.

More

17 Mar 2022

From Insights

Answers to 10 key questions about how the new Economic Crime (Transparency and Enforcement) Act 2022 affects property ownership

The new Economic Crime (Transparency and Enforcement) Act ("the ECA") provides for a register of overseas entities and their beneficial owners.

More

07 Feb 2022

From Insights

Must try harder – "endeavours" obligations have teeth…

You're a property promoter. You've identified a large site with development potential, and you've secured options from the various landowners to acquire it.

More

11 Nov 2021

From Insights

A brave new world? Government sets out proposals for new Covid Rent Arrears Arbitration Scheme

The Government presented the Commercial Rent (Coronavirus) Bill to Parliament on 9 November 2021. This sets out the proposed law for an arbitration scheme to determine..

More

05 Aug 2021

From Insights

Latest Government announcement on liability for rent arrears

Yesterday (4 August 2021), the Government released their policy statement on supporting commercial tenants who are in arrears as a result of the Covid-19 pandemic. In ..

More

01 Jul 2021

From Insights

Losing the right to forfeit – DON’T take the money!

You’re the landlord of a good quality office block. The various floors of the block are let to several different tenants, and your relationship with the tenants is goo..

More

18 Jun 2021

From Insights

The rent arrears rollercoaster continues: extended restrictions and new obligations – what can landlords do now?

The Government has announced further measures to help commercial tenants who are in arrears as a result of the Covid-19 pandemic, seemingly without much regard for the..

More

22 Apr 2021

From Insights

Landlord-friendly decision in a rent arrears case during the Covid pandemic

In a welcome decision for landlords, on 16th April 2021 the High Court has dismissed many of the legal arguments tenants have tried to run to avoid paying rent during ..

More

02 Mar 2021

From Insights

Break clauses – the importance of giving vacant possession… and what we can learn from Goldilocks

You’re the landlord of a property in a location where re-lettings are proving difficult at the moment. Rents have fallen and there are several similar properties near ..

More

05 Feb 2021

From Insights

Real estate structures 2020-2021

Change and uncertainty are key challenges this year for real estate deal structures. Investors, developers and finance providers will need to understand the implicatio..

More

09 Dec 2020

From Insights

Moratorium on forfeiture for non-payment of rent and winding-up petitions extended until 31 March 2021

The Government has today announced that it will extend, yet again, until 31 March 2021 the moratoria on: forfeiture on grounds of non-payment of rent or other sums due..

More

print-footer
logo
© Stephenson Harwood LLP 2016. Any reference to Stephenson Harwood in this document means Stephenson Harwood LLP and/or its affiliated undertakings. Any reference to a partner is used to refer to a member of Stephenson Harwood LLP.