David is an experienced property litigation partner who heads the property litigation team in our Birmingham office. He is the co-author of “Enforcement and Debt Recovery: a Guide to the New Law”, published by the Law Society.
He specialises in all commercial and residential disputes including rights to light, possession actions, dilapidations, consent to assign/sub-let, rent disputes, property fraud and insolvency. One of David’s cases was listed by the Estates Gazette as a Top 10 Case of 2019.
David has recent experience in the FTT involving the appointment of a manager. He also deals with complex property fraud cases, including the use of freezing injunctions and asset preservation orders. For a list of all of David’s recent cases, please click on the “Property Disputes” link below.
Landlord and Tenant
- Blue Manchester Limited v North West Ground Rents Limited  EWHC 142 (TCC): Listed by the Estates Gazette as one of the Top 10 cases of 2019, a successful major dilapidations claim by a tenant of a hotel against a freeholder, obtaining specific performance ordering the freeholder to carry out repairs.
Unreasonably Withholding Consent
- No1 West India Quay (Residential) Limited v East Tower Apartments Limited  EWCA Civ 250: a successful appeal to the Court of Appeal, defending a landlord on a refusal of consent. This is the only case in this area in a residential context.
Management Orders/Appointment of a Manager
- Octagon Overseas Limited & Others v Coates  UKUT 470 (LC): acting for the landlord of a mixed-use estate in an appeal to the Upper Tribunal relating to the wording of a management order.
Interpretation of Lease Provisions
- Wallace Estates Limited v Blue Liverpool : a successful action relating to the interpretation of insurance provision in a lease and what is a reasonable percentage for a tenant of a hotel to pay.
- Canary Riverside Estate Management Limited v Coates  UKUT 190 (LC): a successful appeal to the Upper Tribunal relating to the effect of a Management Order on a landlord’s obligation to insure an estate, and its effect on banking covenants.
- Octagon Overseas Limited v Coates  EWHC 877 (Ch): a successful appeal of an injunction brought by a residential property manager against a landlord for access to an estate.
- HML PM Limited v Canary Riverside Estate Management Limited & another  EWHC 3496 (QB): successfully defending an injunction brought by a property manager trying to suppress documents about his alleged lack of independence.
- Numerous freezing injunctions and committals.
- Jones & Another v Hamilton  EWHC 1065 (Ch) – acting for various offshore companies in a complex property fraud involving assets in UK, France and Guernsey. The opposing party had wrongly used electronic signatures on documents.
- Khan v Rehman  All ER (D) 343 (Mar) – a 16-day High Court trial involving allegedly fraudulent transactions (forged signatures) on a portfolio of properties, defending the subsequent appeal and conducting the litigation arising from it.
- Jones v Hamilton  EWHC 3435 (Ch) – successful account and inquiry into substantial commission owed (including hidden loan waivers) relating to a sale of a plot in Luxembourg for over €100 million.
- Prudential Assurance Co Ltd & Ors v PRG Powerhouse Ltd & Ors  EWHC 1002 (Ch) – advising on the high profile restructuring of the portfolio of a national retail chain by way of a CVA and the subsequent challenge.
- Lazari GP Limited v Jervis  EWCA 1466 (Ch) – acting for the successful landlord in a high profile cases on rent and forfeiture in administration of Game.
- Lazari Investments v Saville & Ors)  EWHC 2590 (Ch) – acting for the successful landlord in a high profile cases on rent and forfeiture in the administration of Strada.
- Huntley v Armes  EWCA Civ 396 – acting for the successful Defendant in a boundary dispute appeal quoted in The Lawyer.
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