Overview
After graduating In Jurisprudence from New College, University of Oxford, Andrew Clark undertook professional training as a Solicitor leading to his admission in 1988. He was employed by a commercial law firm until 1994, when he transferred to the Bar. Since being called to the Bar, his practice has been in Business and Property litigation. He has been a member of Chambers since 2008. During the last 15 years approximately, he has advised and appeared for Claimants in consumer credit and financial services litigation, in which he has developed special expertise and through which he has appeared in the Court of Appeal and Supreme Court. In recent years, this work has involved him in group litigation. His work also includes other areas of contentious chancery and commercial litigation, including succession, real property and commercial landlord and tenant.
Financial Services
- Financial Services and Consumer Credit, including financial product mis-selling (for example unfair relationships, extortionate credit bargains, FSMA 2000 and breach of fiduciary duty, including accessory liability) and irresponsible lending.
Chancery
- Wills, Probate and Administration of Estates, including family provision
- Real Property, including title, easements, restrictive covenants, land contracts (e.g. options) and adverse possession.
- Partnerships, including breaches of partnership agreements and of fiduciary obligations, partnership property and winding up
- Mortgages, Charges and Securities
- Equitable Protection, including undue influence, confidentiality, fiduciary duties, equitable estoppel and equitable remedies (for example, rectification, specific performance and injunctions)
Commercial Litigation
- Commercial Landlord and Tenant, including forfeiture, renewal of business tenancies, covenants, dilapidations, and service charges
- Contractual Disputes
- Professional Negligence
Notable cases
- Kerrigan v Elevate Credit International Limited [2020] EWHC 2169 (Comm)
- Burns v Burns [2016] EWCA Civ 37, [2016] WTLR 755
- By court appointment, Andrew Clark represented the interests of consumer borrowers from Welcome Financial Services Ltd who might be affected by a declaration sought as to the scope of its scheme of arrangement: Re Welcome Financial Services Ltd [2015] EWHC 815 (Ch), [2015] 2 BCLC 141
- McWilliam v Norton Finance (UK) Ltd [2015] EWCA 186, [2015] 1 All ER (Comm) 1026
- Goenka v Goenka and Others [2014] EWHC 2966 (Ch), [2016] Ch 267, [2015] 4 All ER 123
- Andrew Clark has been involved in a number of leading financial product mis-selling cases, including Harrison v Black Horse Ltd [2010] EWHC 3152 (QB), [2011] Lloyds Rep IR 455 and [2011] EWCA 1128, [2012] Lloyds Rep IR 212 , Holdstock v Endeavour Personal Finance Ltd [2012] EWCA Civ 1781 and Plevin v Paragon Personal Finance Ltd [2017] UKSC 23
- J. L. Builders & Son v Naylor [2009] EWCA 1621
Associations
Chancery Bar Association
Northern Circuit Commercial Bar Association
Northern Chancery Bar Association
Northern Contentious Probate Group
Financial Services Lawyers Association
Education
MA (Oxon), Jurisprudence, New College