Skip to content
Freeths - Law firm
David Marsden - Property Litigation Partner

David Marsden

Partner

Call Email Download vCard Download CV Save to portfolio Print profile

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.

Legal Services

Property Disputes

Recent Work

Landlord and Tenant

Dilapidations

  • Blue Manchester Limited v North West Ground Rents Limited [2019] 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 [2018] 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 [2016] 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 [2017] 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.

 

Injunctions

  • Octagon Overseas Limited v Coates [2017] 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 [2019] 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.

 

Property Fraud

  • Jones & Another v Hamilton [2017] 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 [2007] 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 [2018] 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.

Property Insolvency

CVA’s

  • Prudential Assurance Co Ltd & Ors v PRG Powerhouse Ltd & Ors [2007] 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.

Administrations

  • Lazari GP Limited v Jervis [2012] 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) [2015] EWHC 2590 (Ch) – acting for the successful landlord in a high profile cases on rent and forfeiture in the administration of Strada.

 

Boundary Disputes

  • Huntley v Armes [2010] EWCA Civ 396 – acting for the successful Defendant in a boundary dispute appeal quoted in The Lawyer.

 

 

Latest

To contact David or for more information…

Call: 0845 404 1757
Or email: Send an email

 

Client service

‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.

Our service

arrow

Talk to us

Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?

Contact: 03301 001 014

Choose an office:

Portfolio close
People CV Email

Remove All


Click here to email this list of people to a colleague.