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David Marsden

Partner | Birmingham

Call: 0345 404 1757  Mobile: 0797 658 1191

About David

David is an experienced property litigation partner who heads the property litigation team in our Birmingham office. He has a wealth of knowledge in the area and handles highly complex litigation, much of which is high-profile. He is the co-author of “Enforcement and Debt Recovery: a Guide to the New Law”, published by the Law Society

He specialises in commercial and residential disputes including FTT management orders, rights to light, possession actions, dilapidations, consent to assign/sub-let, rent disputes, forfeiture, property fraud and insolvency.

David has recent experience acting for the Trustees of an Estate in complex property fraud proceedings. He successfully obtained freezing injunctions and asset preservation orders which were subsequently breached by the Defendant. David and his team were then successful in proving contempt of court which resulted in the other party being committed to prison.

David has handled a long-running disclosure dispute acting on behalf of a landlord in relation to a high-value mixed-use Estate. This involved a claim for specific performance of a contract. Following a two-week trial, the landlord was successful in their claim for specific performance.

He also recently acted for Lazari Properties 1 Limited in challenging Fitness First’s Restructuring Plan.

David’s cases have previously been recognised in the Estates Gazette:

  • David acted on Lazari Properties 2 Limited (and others) v New Look Retailers (and others) [2021] EWHC 1209 (Ch) which was listed as the number 1 case for 2021 by the Estates Gazette.
  • David also acted for the successful party in Blue Manchester Limited v North West Ground Rents Limited [2019] EWCH 142 (TCC) which was listed by the Estates Gazette as one of the Top 10 cases of 2019.

For a list of all of David’s recent cases, please click on the “Property Disputes” link below.

David listed as a Recommended Lawyer in the Legal 500 (2022 edition).

Notable work & expertise

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