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Enterprise Chambers is applauded for "consistently exceeding expectations" and
for accommodating "first rate" barristers with an "easy and approachable" manner
(Chambers & Partners)





Andrew Noble




General Profile

Andrew Noble originally trained and practised as a chartered surveyor (FRICS,FCIArb), becoming a specialist in the contractual and commercial management of substantial, prestigious construction and engineering projects both internationally (Africa, Gulf and Far East) and in the UK (London, Liverpool, Manchester, Birmingham and Edinburgh).  Following a successful career in Chartered Surveying in the UK and in Africa he worked in the Gulf to save money to enable him to return to the UK to read law at the University of Manchester, which he did.  He then read for and transferred to the Bar of England and Wales, where, following a chancery/commercial pupillage in Lincoln’s Inn, London in 1992, he practices in the core areas of Enterprise Chambers’ work, specialising in all aspects of land/real property, construction, commercial, associated professional negligence and insolvency cases. Andrew has spent all of his professional life in property/construction law and has many years experience in these areas both as a chartered surveyor and as counsel and gives practical, pragmatic advice to his clients in user-friendly language. He is again noted as a leading junior in Chambers & Partners/Legal 500 directories in the areas of property, professional liability and construction and engineering. He is also noted as being a “direct and approachable advocate”.  Andrew has experience in presiding as a chartered arbitrator and is regularly instructed and is an accredited ADR practitioner (Mediation, Conciliation, Adjudication & Expert Determination). Andrew is also a registered adjudicator.  In the summer of 2008, Andrew successfully completed the CIArb's well regarded 9 day residential, international, commercial arbitration course at Keble College Oxford. Andrew is also licensed to practice as a barrister in Dubai at the International Financial Centre Court.

 

 

Enterprise Chambers' Andrew Noble specialises in property law and professional negligence litigation of the highest value.  (Legal 500, 2008)

 

Recent High Court/1996 Arbitration/ADR referrals include:

 

  • Appointed by the Chairman of the Bar Council to determine, as expert, a substantial multi-million sterling dispute involving the calculation of potential Additional Payments from a developer to a former owner of significant hectares of development land - "overage";
  • Acting as counsel for scores of new dwelling owners (in multi party litigation) whose properties are sinking(2009-TCC);
  • Acting as counsel in 8 day trial involving construction industry delay and disruption and direct loss and/or expense claims involving a main contractor and bathroom pod supplier;
  • Acting as counsel in substantial rent review arbitration: engaged post arbitration to set aside Award;
  • Acting as counsel in 8 day dilapidations/commercial 1996 Act arbitration and in enforcement proceedings;
  • Acting as counsel in 5 day trial involving two disputed boundaries (and application to commit for contempt of court after judgement);
  • Acting as counsel in 5 day trial commercial dispute between directors/shareholders involving quasi-partnerships and s. 459 Companies Act 1985 (as it then was!);
  • Acting as counsel in 9 day construction defects litigation;
  • Acting as counsel in a claim for trespass centering on the value of a demolished dwelling:
  • Appeal against an enforcement notice in respect of construction works performed to a Grade II* listed building;
  • Enforcement of Adjudicators’ decisions;
  • Many public access cases involving commerce, construction, real property, partnership and company disputes;
  • Many cases acting as mediator and adjudicator.

 

In ADR procedures, Andrew appears in, and presides as an arbitrator, adjudicator, expert, and mediator being appointed from the highest authorities. He is energetic, enthusiastic and hardworking, and thoroughly enjoys leading the team in litigation and arbitration/ADR and working with solicitors, clients and experts on strategy and detailed preparation, with a view to minimising risks and succeeding in the matters in hand. Andrew is a regular author, lecturer and trainer within his specialist areas, formerly having been a course designer and leader of an international master’s course in construction dispute resolution. He lectures to solicitors, in-house groups, the society of construction law and on behalf of conference organisers when available.


Areas of Emphasis

Real Property: boundaries, easements and profits, restrictive covenants, nuisance, trespass, conveyancing disputes, and commercial landlord and tenant (including possession claims, dilapidations and 1954 Act renewals).

Construction: HGCRA 1996 adjudications: preparing submissions for Claimants and Defendants both in adjudications, as well as in enforcement proceedings; breach of contract claims: (i) the quality of buildings and dwellings and their products; (ii) time - for delay and/or disruption to progress, and (iii) money - for direct loss and/or expense, and final account/ variations. Insurance claims including claims against the NHBC and NHBC Building Control Services Limited and local authorities (including the wider conveyancing and consumer law dimensions); Insolvency claims involving works unpaid for and plant and material stored on or off site, preferences and priorities. Advising in relation to all standard forms of construction contracts.  And contracts that arise out of them including guarantees, bonds and insurance contracts. 

Commercial/Company: commercial contracts including vitiating factors (e.g. duress, misrepresentation and deceit), insurance contracts, guarantees, bonds, mortgages, shareholder agreements and disputes, partnership agreements and disputes, share sale agreements, franchising and factoring contracts, contracts for the supply of goods and services. Unfair Terms in Consumer Contracts Regulations 1999 .

Professional liability (including fee disputes): especially (all types of) surveyors, construction professionals (including architects, engineers, claims consultants and contract administrators), office holders, insurance brokers and lawyers.

Insolvency: corporate and individual insolvency – all aspects of the winding up and bankruptcy process and security issues including bonds, guarantees and retention of title. Also the interaction of insolvency procedures and standard forms of construction contracts and industry-wide statutory adjudication.

Career & Associations

  • LLB [Hons.] University of Manchester
  • Member of the Technology and Construction Court Bar Association
  • Member of the Professional Negligence Bar Association
  • Member of the Chancery Bar Association
  • Chartered Arbitrator, Registered Adjudicator and Accredited Mediator 
  • Treasury Counsel 1999-2007
  • Former Branch Chairman of (i) the Royal Institution of Chartered Surveyors and (ii) the Chartered Institute of Arbitrators 
  • Admitted to practice in the Dubai International Financial Centre - DIFC Courts (2008)
  • Completed 10 day CIArb International Commercial Arbitration Course - Keble College Oxford (2008)
  • Experienced in construction and engineering contracts and disputes in the Gulf region and in The Netherlands and Spain (where Andrew gained significant hands on experience and expertise) and in Africa and the Far East principally involving FIDIC contracts
  • Bar Council appointed External Examiner for BVC to (2008) 


 

 

Fields of Practice


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