Andrew Kearney
Call 2007 (Inner Temple)
Qualifications BA (Hons) (Christ Church, Oxford University); PG Dip (with Merit) Construction Law and Arbitration, TeCSA Adjudicator, MCIArb, Lord Mustill’s CIArb President’s Prize (Award Writing), former Solicitor
Professional Memberships Technology and Construction Bar Association, Society of Construction Law, Adjudication Society, Chartered Institute of Arbitrators
Judicial Office Deputy District Judge (2003)
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Background
Andrew is a former solicitor. He was a partner at Masons, and latterly a partner and then consultant with Withy King. Andrew transferred to the Bar in 2007 and is now firmly established as a busy commercial practitioner, often finding himself appearing against Leading Counsel.
Areas of Practice
Andrew acts in a wide range of construction and engineering disputes in Court, arbitration and adjudication, to which (as a former Solicitor) he brings almost 20 years’ experience advising developers, national and international contractors, subcontractors and consultants. He has acted for many household name main contractors.
Andrew also acts in wider commercial disputes, and has for example developed a niche specialism advising providers of social care in relation to the fees properly payable by local authorities. In October 2009 he concluded a long running and high profile arbitration and related High Court proceedings for one such provider, where the local authority was represented by a senior QC.
To view a list of Andrew’s recent cases please visit this page.
Andrew is an accredited adjudicator, trained arbitrator and mediator and was appointed in 2003 as a Deputy District Judge on the Western Circuit.
Construction and Engineering
Andrew has experience and expertise in:
- Adjudication
- Adjudication enforcement
- Injunctions
- Boundary Disputes
- Building Contracts
- Civil Engineering Contracts
- Commercial property, highways and residential developments
- Mechanical services
- Curtain walling
- Defective works and other contractual disputes
- Final account, extension of time and defect claims
- PFI and PPP, in particular NHS LIFT
- Party Walls
- Tree Root Claims
Commercial Litigation
Andrew has experience, including as a Judge, in wider commercial litigation, including banking and financial matters, personal and corporate insolvency, leasehold property, possession actions, commercial property and intellectual property, and is available to deal with the full range of commercial matters which come before the Court.
Andrew also has experience in relation to civil Anti-Social Behaviour Injunctions (where the management functions of social landlords are affected) and is able to advise on the merits of potential applications and to appear before the Court.
Reported Cases
- RWE nPower plc v Alstom Power Limited (2009) EWHC B40 (TCC)
- Williams (t/a Sanclair Construction) v Noor (t/a India Kitchen) (2007) EWHC 3467 (TCC)
- Alfred McAlpine Construction Limited v Panatown Limited (TCC, CA and HL) (as a solicitor)
- Mowlem plc v Bath & North East Somerset Council (TCC and CA) (as a solicitor)
Recommendations
Andrew practised as a solicitor for 15 years before call to the Bar early in 2007. Whilst a solicitor he was featured regularly as a leader in his field in Chambers, the Legal 500, and in Legal Experts, for example.
- Chambers UK (2007) – Andrew Kearney exhibits ‘technical brilliance’…’
- Chambers UK (2006) – Andrew Kearney ‘lights up like a comet’ according to dazzled competitors
