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David Marsden

David Marsden


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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


  • 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.



  • 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


  • 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.


  • 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.




To contact David or for more information…

Call: 0845 404 1757
Or email: Send an email


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