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"If you want counsel on your side who is a fighter then David is my first choice for all property and construction matters.”  The Legal 500, 2022

David specialises in substantial construction, infrastructure, private finance initiative (PFI) and property disputes, as well as commercial dispute resolution. His work frequently has an international edge, involving cross border and overseas transactions and disputes. His work is typically legally and factually complicated. His clients appreciate his robust advocacy allied to his practical and user-friendly manner.

His legal acumen is especially prized. In 2017 David completed an 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. He has published widely, winning several awards, scholarships and prizes.

David is regularly instructed in disputes in the High Court (including the Technology and Construction Court (TCC), the Chancery Division, the Queen’s Bench Division and the Companies Court), the Upper Tribunal and the Court of Appeal. He is also regularly involved in construction disputes referred to adjudication or arbitration, including internationally in respect of disputes arising from large-scale projects. 

Areas of expertise

Construction

David has a busy construction law practice, encompassing all kinds of infrastructure, PFI, 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. His instructions are typically legally and factually complicated.

Cases of note

  • Grenfell Tower Inquiry - David is currently acting as lead counsel for a core participant in Phase 2 of the Grenfell Tower Inquiry.
  • Naylor v Galliard [2021] EWHC 3507 (TCC) - David was led by Sian Mirchandani QC in a large-scale cladding dispute for group of over 100 claimants in respect of six buildings in Greenwich, with complicated legal issues in respect of the Defective Premises Act 1972, the Building Regulations and damages for breach of contract in residential cladding disputes.
    Judgment
  • JDI Developments Ltd v Grey GR Ltd [TCC, 2022] - David acted for the claimants in a dispute in respect of an airspace development, involving a claim against the freeholder for a failure to ensure that the building had adequate fire safety features, and hence delaying practical completion.
  • Conneely Drylining Ltd v United Living South Ltd [TCC, 2020] - David acted for a specialist subcontractor in respect of design liability and product compatibility in a major development.
  • Infrastructure Company v Main Contractor - Counsel in a series of large-scale, multi-million pound adjudications under the NEC3 contract between major energy infrastructure company and construction company for programme level change and compensation events in respect of a national multi-site project.
  • Party A v Party B [ICC arbitration] - Led by Karim Ghaly QC in respect of major international project in ICC arbitration.
  • Peacock v Imagine Property Developments Ltd [2018] EWHC 1113 (TCC) - Five-day TCC trial in respect of a quantum meruit arising out of a residential development and option agreement dispute before Mr Justice Stuart-Smith.
    Judgment

Property

David’s 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. 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 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.

In 2021, David published the second edition of ‘A Practical Guide to the Landlord and Tenant Act 1954: Commercial Tenancies’. David has achieved academic recognition in land law, with his paper on ‘Injunctions, land and the cynical breach’, considering how the defendant’s state of mind influences the availability of an injunction as a remedy in land law, and whether the relevance of this factor is consistent with the proprietary nature of the claimant’s infringed rights, winning the prize for the best paper presented by a doctoral student at the Society of Legal Scholar’s Annual Conference in 2021. In May 2022, his co-authored book, ‘Contested Heritage’, was released.

Cases of note

  • Poundland v Various Freeholders - David has acted for a number of freeholders in unopposed lease renewals under Part II of the Landlord and Tenant Act 1954 in respect of large-scale retail parks where the tenant retailer has sought to include ‘Covid-19 clauses’ in the new lease, together with disputes over the effect of the pandemic on rent.
  • Creebray Ltd v Deninson [2020] UKUT 262 (LC), [2020] All ER (D) 52 (Sep) - David acted for the objectors in an application to discharge a restrictive covenant imposing a building line at trial, notwithstanding planning permission for the proposed development of a high-value luxury dwelling.
    Judgment
  • Connaught House Ltd v Harrison [County Court at Central London] - David acted for the defendant in a claim involving trespass adjacent to an 18th century building, with a dispute over the ad caelum rule, the tort of malicious falsehold and slander of title, and adverse possession. Succeeded at first instance, with the claimant ordered to pay indemnity costs, permission to appeal refused.
  • Basnet v Patel [2019] UKUT 141 (LC) - David acted for the claimant in a claim involving, a disputed deed of a trust, estoppel by deed and the circumstances under which such a deed can be disputed.
    Judgment
  • Pinisetty v Manikonda [2017] 5 Costs LO 565; [2017] EWHC 838 (QB) - Dispute over an oral agreement to sell commercial property to a solicitor’s partner. David successfully opposed the proprietary claim.
    Judgment
  • JDI Developments Ltd v Grey GR Ltd [TCC, 2022] - David acted for the claimants in a dispute in respect of an airspace development, involving a claim against the freeholder for a failure to ensure that the building had adequate fire safety features, and hence delaying practical completion.

Commercial

As part of his general commercial practice, David has extensive experience in a wide range of civil areas, arising out of construction projects, property development, PFI agreements, franchising agreements, and joint ventures.

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, as well as claims involving unjust enrichment. He is also regularly involved in disputes arising out of indemnities and guarantees.

Cases of note

  • Sharn Panesar Ltd v Pistachios in the Park Ltd [2020] EWHC 194 (QB) - Trial involving deceit, rescission and misrepresentation in respect of franchise agreement; now on appeal to High Court.Judgment
  • PFI Co v Local Authorities [2022] - David has acted in a series of PFI adjudications arising out of insurance cost sharing arrangements, led by Paul Darling QC.
  • Wang v Ye (2021) - David acted for the respondent in an unfair prejudice petition in insolvency and Companies List: successfully resisted at trial.
  • Property Introducer v Development Co [2022] - David is currently advising in a number of cases in respect of claims for quantum meruit and unjust enrichment for property development introduction fees.

Professional Negligence

David is regularly instructed in respect of cases involving the alleged liability of professionals, especially where this relates to construction and property development. He has particular expertise in cases involving construction professionals, solicitors (especially in respect of conveyancing or litigation), lettings agents, valuers and insurance brokers. He is also instructed to advise in respect of architect’s and specialist sub-contractor’s professional negligence cases where there has been a failure to supervise the works or to administer the contract appropriately.

Cases of note

  • Occupiers v Architect’s Firm and Contractor - Architect’s professional negligence arising from high-value residential refurbishment.
  • Conneely Drylining Ltd v United Living South Ltd [TCC, 2020] - David acted for a specialist subcontractor in respect of design liability and product compatibility in a major development, resulting in an adjudication and TCC litigation.
  • Client v Solicitor - Advising in respect of a solicitor’s failure to advise in respect of marriage value in the conveyance of leasehold property
  • Clients v Firm of Solicitors [2020] - Solicitor’s professional negligence arising out of a failure to comply with limitation periods and procedural issues in defamation litigation: successfully settled.

Art and Cultural Property

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. David is also regularly instructed by charities and by ecclesiastical bodies in respect of private law disputes arising out of property. In May 2022, his co-authored book, ‘Contested Heritage’, was released.

Cases of note

  • Major Engineering Firm v Local Authority - Series of adjudications in respect of regionally renowned arts and music centre
  • Major Engineering Firm v Contractor - Advising in respect of national museum site.
  • Main Contractor v Specialist Subcontractor - Advising in respect of alleged design liability for cultural regional cultural centre.

Insolvency

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.

Cases of note

Higgins v Liquidators of Acepark Development [2022]  - David is Currently representing creditor in appeal against liquidators’ decision in respect of proof of debt in construction dispute in the ICC.

JEDS Investment v various creditors [2021] - David represented creditor in application to set aside statutory demand arising from guarantees for property development for £3.5m.

Mulalley and Company Ltd v Regent Building Services Ltd [2017] EWHC 2962 (Ch) - David successfully obtained an injunction against both a company and its former director from presenting a winding-up petition against a well-known UK contractor for debts allegedly arising out of construction contracts.
Judgment

Creditors v Charitable Trustees - David advised and represented a group of trustees of a charitable trust who were served with a statutory demand for £1.6m where the Attorney General intervened. The statutory demand was successfully set aside.

Creditor v Construction Employer [ICC] - David successfully resisting winding up proceedings where a pay less notice was not served in response to an application for payment in reliance on extensive defects and incomplete work arising out of the construction of a new veterinary hospital.

Recommendations

"David has the ability to get to the heart of a dispute with impressive speed. His written advice is clear and focused. As an advocate, David is firm whilst remaining calm. If you want counsel on your side who is a fighter then David is my first choice for all property and construction matters.'" The Legal 500 (2022) Construction (Tier 4) Property Litigation (Tier 5)