Ipswich: 01473 214481
Norwich: 01603 617351
Chelmsford: 01245 215660
Contact us

Andrew Marsden

Andrew Marsden joined EA Law - East Anglian Chambers in 1977 and is a specialist in Contract and Commercial law and Family Law. Andrew Marsden is also one of chambers pupil supervisors.
Andrew Marsden Andrew Marsden
Andrew gained experience with a typical young barrister’s diet of family cases, personal injuries claims and a wide variety of civil cases, including landlord and tenant and boundaries. Andrew has always practised throughout all four counties of the East Anglian region. Latterly, he has specialised in all aspects of property dispute resolution.
 

Civil Practice

Andrew’s civil work including contract law and commercial law involves both private and public law civil cases for local authorities, developers and private clients.

As a member of the Planning and Environmental Bar Association, he regularly appears at Public Local Inquiries (appeals concerning planning applications and established use certificates) and in connection with environmental issues (nuisances by smell and noise, waste control, etc).

Andrew has particular expertise in private land law issues (boundary disputes, restrictive covenants, rights of way and other easements, adverse possession cases), where he appears in such cases in the High Court, County Court and before the First-tier Tribunal (Property Chamber) (Land Registration).

At an advisory level, Andrew frequently advises local authorities, developers and private clients on development problems (for instance old encumbrances on registered and unregistered title, shared drainage and rights of way).

Andrew accepts instructions in all commercial disputes (having particular experience in mortgage/banking cases).
 

Family Law

The remaining third of Andrews practice relates to family property disputes: divorce finance, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and Trusts of Land and Appointment of Trustees Act 1996, constructive and resulting trusts and contested probate, removal of executors, disputed wills.

Andrew is a member of the Family Law Bar Association and is now one of the three longest-serving matrimonial finance practitioners of the Eastern regional bar.
 

Professional History

Appointed Assistant Recorder in 1998, he is now a Recorder licensed to sit in civil contract and commercial law, criminal law and private family law cases.  A past Centre Head of Chambers for Colchester and then Head of Civil Litigation, Andrew was elected Head of Chambers for the whole of EA Law - East Anglian Chambers in 2008.

Andrew has been a pupil master for about 25 years, and is pleased to record that all his pupils who chose a career at the independent bar are now in practice: save one, now appointed a District Judge.
 

Method of instruction

Andrew accepts instructions from solicitors and all other instructing professionals (e.g. chartered surveyors and chartered town planners).  He will also, if appropriate, accept instructions under the Bar’s Public Access Rules.  Instructions may, by prior notice to his clerks, be submitted by e-mail and, in cases of continuing negotiation, Andrew regularly advises by e-mail – on a daily basis if necessary. He attends conferences at any of the three chambers premises, professionals’ offices, clients’ homes and on site.

Where his clients wish for an early negotiated settlement he welcomes involvement in the practicalities of dispute resolution. His practical experience of negotiation over more than 30 years is regularly employed, whether attending mediations and ‘round table’ meetings or merely settling offer letters and recommending tactics.
 

Cases:

  • Smith v Braintree District Council  [1990] 2 AC 215, HL (bankruptcy and rating)
  • MFI v Colchester Borough Council (superstore proposal defeated)
  • Mason v Ipswich Borough Council, CA (delegated powers of local authority officers)
  • T v T [1996] 2 FLR 640 (setting aside consent orders for ancillary relief)
  • R v Watson (deceased) [1999] 1 FLR 878 (qualifying as a ‘cohabitant’ under the Inheritance (Provision for Family and Dependants) Act 1975)
  • Allen v Thurrock Borough Council 1998 (successful defence of carbon monoxide poisoning claim)
  • Crowfield Airfield v Mid Suffolk District Council (first ever local inquiry into a discontinuance order)
  • Mid-Suffolk District Council v Clarke (second ever IPPC permit inquiry)


Qualifications:
MA (Oxon)


Articles by Andrew Marsden:
Financial Orders on Divorce


Associated News:
EA Law - East Anglian Chambers Listed in Legal 500
Contact us