David specialises in substantial construction and property disputes, as well as commercial dispute resolution. He is frequently instructed in cases involving the development and use of land, buildings and property, as well as matters involving serious commercial, insolvency and company law issues. His work frequently has an international edge, involving cross border and overseas transactions and disputes.
His clients appreciate his robust advocacy allied to his practical and user-friendly manner. His work is typically legally complex.
In 2017 David completed the MSc in Construction Law and Dispute Resolution at King’s College, London, achieving a Distinction. He was awarded prizes for the best overall graduate, best dissertation, the best performance in the second-year examinations, and best performance in the Module AL construction technology examination. David is currently undertaking a part time PhD at the University of Cambridge, researching the taxonomic interface between construction law and property law.
David is regularly instructed in disputes in the High Court (including the TCC, the Chancery Division, the Queen’s Bench Division and the Companies Court) and the Court of Appeal. He is also regularly involved in construction disputes referred to adjudication or arbitration. He is adept in different forms of alternative dispute resolution, regularly representing clients in mediations and joint settlement meetings: he is a Fellow of the Chartered Institute of Arbitrators.
David speaks regularly at seminars and conferences on both construction and property law. He is also frequently published in leading practitioners’ journals. In 2017, along with Richard Hayes, he wrote ‘A Practical Guide to the Landlord and Tenant Act 1954: Commercial Tenancies’ (published by Law Brief Publishing), placing a particular emphasis on the development aspects of commercial property.
David has a busy construction law practice, encompassing all kinds of infrastructure, construction, energy and development disputes. He is regularly involved in large scale, legally complex adjudications, as well as international arbitration.
He is also instructed in respect of commercial disputes related to construction operations, including insolvency, investment and development agreements, option agreements, and company law disputes.
In 2017 David completed the MSc in Construction Law and Dispute Resolution at King’s College, London, achieving a Distinction. He was awarded prizes for the best overall graduate, best dissertation, the best performance in the second-year examinations, and best performance in the Module AL construction technology examination.
David’s recent work includes the following:
As part of his general commercial practice, David has extensive experience in a wide range of civil areas.
He has experience of drafting and appearing in interim applications for injunctions, freezing injunctions, search orders, delivery-up, and disclosure.
His work regularly exposes him to complicated procedural issues such as res judicata, summary judgment applications and costs disputes. He is also regularly involved in disputes arising out of indemnities and guarantees.
Commercial litigation: David practices across a wide spectrum of commercial and civil litigation fields. He is often instructed in cases where dishonesty or fraud is alleged.
Contractual and financial disputes: David is often involved in cases involving finance / brokers (especially for the purchase or development of land or construction), guarantee agreements and indemnity provisions, and disputes over insurance.
Company disputes: he is often instructed to advise on and to appear in relation to company disputes and Companies Act applications.
David has extensive experience of a wide range of disputes involving property.
His real property work includes mortgages / charges, orders for sale, easements / wayleaves, and trusts of land / beneficial interests. His landlord and tenant practice (both residential and commercial) includes possession, disrepair and dilapidations, leasehold enfranchisement, breach of covenant / forfeiture, and management and service disputes.
He appears regularly in the Chancery Division, Upper Tribunal, and the First Tier Tribunal (Property Chamber) in respect of both residential leases and land registration. He is a member of the Chancery Bar Association.
In 2017, David’s book ‘A Practical Guide to the Landlord and Tenant Act 1954: Commercial Tenancies’ co-authored with Richard Hayes was published by Law Brief Publishing. He has considerable experience of all aspects of commercial property disputes.
David has particular expertise in cases involving all aspects of property development. He frequently advises on restrictive covenants, easements, boundary disputes and overage agreements, as well as the recovery of possession from commercial tenants. He is especially adept in issues involving aspects of planning law and the LTA 1954. He has also advised in respect of assets of community value under the Localism Act 2011, burial grounds, and compulsory purchase. David also has considerable expertise in construction law, making him especially well placed to advise in respect of disputes where there are crossover issues. He is also regularly instructed in respect of joint venture agreements, disputes where the equity in Pallant v Morgan arises, or where obligations and remedies arising from unjust enrichment or equity are live issues.
Commercial property: David is regularly instructed in relation to commercial property of all kinds. He has particular expertise in cases involving Part II of the Landlord and Tenant Act 1954.
Residential property: He is often involved in cases involving residential property, both leasehold and freehold.
Real property and land registration: David has a busy caseload involving real property disputes.
Mortgages and charges: David is often involved in cases involving the validity and priority of charges (both legal and equitable) and subsequent enforcement by possession / sale.
Recent examples of David’s property work include:
Practising real property, commercial and construction law, David is well placed to advise in respect of private law disputes arising out of art and heritage installations. He is currently undertaking a PhD part time at the University of Cambridge, researching the incorporation of moveable property into land as part of construction operations. He is currently advising in respect of a multi-million pound claim arising out of the construction of a prominent history and heritage centre. As part of his commercial practice, has been instructed in a dispute involving the ownership of fine wines following an insolvency event, where the sale agreement included a retention of title and proceeds clause. David is also regularly instructed by charities and by ecclesiastical bodies in respect of private law disputes arising out of property.
His recent work includes:
David is regularly involved in insolvency litigation arising out of both corporate and personal insolvency. In particular, he is regularly instructed in cases involving insolvency aspects of construction law, property or cross-border disputes.
Examples of recent insolvency work include: