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Andrew Child

e-mail achild@3sb.law.co.uk

Andrew has a strong practice in the field of contentious trust and estate litigation and civil fraud. He regularly advises and appears for trustees and / or beneficiaries in breach of trust claims which involve associated revenue and private international law issues.

He has been instructed in the two highest profile traditional chancery cases of last year, namely Birley v Birley (contentious litigation concerning the estate of the late Mark Birley, the owner of Annabels nightclub) and Jones v Firkin-Flood (the bitterly fought contentious trusts dispute concerning the ownership of the Bredbury Hall Trust heard before Briggs J in October of last year).

Andrew has developed a particular specialisation in the removal of trustees and executors from their positions. Jones v Firkin-Flood is a good example of such a case. Other removal claims from last year include National Animal Welfare Trust v Miller (September 2008) and World Society for the Protection of Animals and others v Bowman (January 2008). In all of these cases Andrew was successful in removing trustees and executors.

  • Professional reputation

    Chambers & Partners 2008: “Andrew Child of 3 Stone Buildings has "really burst onto the traditional chancery scene in recent years", both as an adviser and as a litigator. Fast becoming regarded as an expert on trust and estate related matters, he also takes on cases of a more commercial flavour.”;

    Chambers & Partners 2009: “Andrew Child of 3 Stone Buildings is “sensible to work with and has great clarity of thought".  He has increasingly been specialising in contentious trust and estate litigation, acting for both trustees and beneficiaries.  Recently, he successfully represented a client in setting aside various deeds in a contentious trust case.  He has also been offering advice regarding changes to inheritance tax.”;

    Chambers & Partners 2010: "Andrew Child 's established traditional chancery practice at 3 Stone Buildings continues to go from strength to strength, with sources recommending his expertise in contentious trust and estate litigation in particular. Commentators deem him "a highly effective advocate, who plays the right points very well".

  • Notable recent cases

    • Birley v Birley.  Acting for Robin Birley in his claim against the estate of his deceased father, Mark Birley, the former owner of Annabel's nightclub.  The estate is valued at circa £125 million. Instructed by Memery Crystal.
    • Jones v Firkin Flood [2008] EWHC 2417 (Ch). Andrew successfully removed three out of the four trustees of the Bredbury Hall Trust Fund and succeeded in preventing the former trustees from relying upon a provisional resolution for the distribution of the £15 million trust fund. Instructed by Reynolds Porter Chamberlain.
    • Walters v Smee [2008] EWHC 2902 (Ch) and [2008] EWHC 2029 (Ch).  A high-profile probate trial in the Chancery Division in the summer of last year heard by HHJ Purle Q.C. Instructed by Stevens v Bolton.
    • Prince Jeffri v Brunei Investment Agency. Instructed to advise on various issues pertaining to numerous high value trust funds held in different jurisdictions including London, the Cayman Islands and Jersey.  Instructed by Simmons & Simmons.
    • Mega Management Ltd v Southward Ventures Depositary Trust & others.  Andrew drafted the petition for special leave to the Privy Council in this case which concerned a Bahamian dispute concerning the ownership of a Bahamian Island.  The Privy Council granted special leave and the hearing is due to take place in the coming year.  Instructed by Blake Lapthorn.
    • National Animal Welfare Trust v Miller.  Andrew was instructed on behalf of the National Animal Welfare Trust and successfully obtained an order for the removal of a solicitor executor who was failing to administer the estate. Instructed by Withers LLP.
    • Re Kelk: Andrew is currently drafting proceedings relating to a £50 million estate held jointly in the UK and Latvia.  The proceedings will primarily take the form of a 1975 Act claim for reasonable financial provision but will also raise interesting questions concerning the extent and scope of the powers conferred on trustees by the terms of a discretionary settlement.  Instructed by Freethcartwright LLP.
    • World Society for the Protection of Animals and others v Bowman.  Andrew was instructed on behalf of the World Society for the Protection of Animals and successfully obtained an order for the removal of an executor who was failing to administer the estate in accordance with the will.  Instructed by Withers LLP.
    • Day v McCann: Currently involved in two sets of High Court proceedings concerning mutual wills and a disputed estate.  Instructed by MAB Law.
    • The Estate of Charles Albert Rayns (2007) - Acting for minor children of the Deceased who were not included in his will.  Estate value gross circa 50 million pounds. Successfully compromised before the Court in November 2007 on behalf of minor clients.  Instructed by Freethcartwright LLP.
    • Re Maria Carmela Trust (2007) purposive construction / rectification of Italian trust deed governed by English law.  Appeared before John Jarvis QC sitting as a deputy on behalf of the Defendant trustee.  Instructed by Denton Wilde Sapte.
    • Walker v Walker [2006/7] All ER (D) 418 (Mar).  High profile undue influence case where Andrew successfully removed a father trustee of a family trust and had two deeds set aside on the basis of undue influence.  Instructed by Freethcartwright LLP.
    • Sharp v Adam [2006] EWCA Civ 449; [2006] All ER (D) 227 (Apr) (testamentary capacity) Andrew acted for the executor trustees in this well-known probate case concerning testamentary capacity.
    • Peter v Lewis [2004] All ER (D) 101 (insolvency)
    • Marshall v Hill [2003] All ER (D) 304 (construction / rectification of Deed of Variation) Instructed by Rollits LLP. 
    • Healey v Brown 4 ITELR 894; [2002] All ER (D) 249 (mutual wills) Well known recent reported case concerning the ambit of the mutual wills doctrine.

  • Professional membership

    Chancery Bar Association
    Revenue Bar Association

  • Education

    Andrew read Law at Sidney Sussex College Cambridge before coming to the Bar. He was awarded the Kennedy and Hardwick Scholarships from Lincoln’s Inn

  • Seminars and lectures

    Andrew lectures on all aspects of his practice both in chambers and at venues around the world. Recent talks include: