David joined JMW in January 2020 as a Partner in our Commercial Litigation Department, having joined from another firm based in the city as well as previously being a partner at Westminster firm PSW.

With over 30 years’ experience in his field of expertise, David specialises in all areas of real estate litigation, both commercial and residential and including professional negligence claims arising out of past property transactions.

Areas of practice

Property disputes: including: landlord and tenant claims including: contested possession claims and uncontested claims for new business tenancies under the Landlord & Tenant Act 1954; possession including forfeiture, terminal claims including for loss of rent and dilapidations and break notice validity claims; service charge disputes; trespass and unauthorised works claims; rent review; rights of light; party wall disputes; breach of quiet enjoyment covenant and loss of amenity claims.

Professional negligence disputes: including: claims against solicitors, surveyors and architects, especially arising out of property matters such as missed strict statutory time limits for lease extension or freehold acquisition claims under the Leasehold Reform Housing & Urban Development Act 1993.

Deceased estate disputes: claims under the Inheritance (Provision for Family & Dependants) Act 1975, including limitation issues arising out of such claims; Will validity challenge claims including Mutual Wills; disputes concerning Will legacies and other related claims including constructive trust claims between family members or by unhappy beneficiaries.

Clients

David acts for the full range of types of clients, whether: individuals needing help with their legal problem for the first time, or partnerships; small and medium sized businesses all of the way through to experienced commercial public limited companies.

Career

Acting for the full range of clients in whichever sector or market they operate, developing and deploying for each client and case bespoke strategies and tactics to resolve disputes effectively, including early case evaluation of the merits alongside a costs-risk analysis and, where appropriate, alternative dispute resolution such as mediation. This, and subsequent re-evaluation, enables the best outcomes possible in as robust a fashion as needed.

In his spare time he can usually be found on one of his bikes in the roads and lanes of South London and Kent, and other hobbies and interest include triathlons and skiing (off as well as on piste) and a long suffering supporter of Leeds United.

• Defending a claim brought by a commercial tenant against client landlord for damages and injunction in relation to alleged breaches of covenant in relation to the maintenance and repair of the heating and cooling systems at the premises.
• Defending beneficiaries from a claim for part of their estate from the former partner of the deceased based on, amongst other claims, an alleged constructive trust.
• Successfully defending beneficiaries from a claim by disgruntled grandchildren of the deceased in respect of their inheritance and based on all possible alleged claims against the estate, including a claim under the Family (Provision For Family & Dependants) Act 1975.
• Defending a claim for repossession of a property of a deceased on behalf of her children based on alleged loans made to her and which had been protected by the apparent registration of legal charges over the estate’s properties.
• Defending a claim by a mother against her son for allegedly procuring her execution of a transfer of a share of her home to the son and in respect of a related claim brought by the mother against the former solicitors involved in the transfer.
• Defending a claim brought by a client’s former business partner in respect of over a dozen contracts made between them concerning properties and valuable assets and including allegations of fraud, undue influence, misrepresentation and equitable claims.
• Defending a claim for possession made under the redevelopment rights contained in the Leasehold Reform, Housing & Urban Development Act 1993.
• Defending a contested claim under the Landlord & Tenant Act 1954 and successfully securing payment of compensation (which had been disputed) for agreeing to give up the tenancy before the tenancy terminated.
• Defending a contractual claim for loss of profits caused by alleged breach of contract and successfully persuading the opponent to withdraw due to lack of evidence of any quantifiable loss being caused by the alleged breach, concerning a redevelopment site.
• Defending a claim in respect of transfers allegedly in breach of trust or authority from the claimant in respect of various family properties and advising on the effect of a settlement reached informally between them and using all relevant procedural tactics to resolve the same.
• Resolving a hotly contested Mutual Will dispute between two halves of the same family (of the deceased’s first and second wives) following an intense mediation and redrafting the relevant Will provisions to achieve certainty for all parties as their relationship continued whilst the deceased’s second wife remained alive so as to minimise any further dispute arising about the Will in the future.

“I particularly appreciated David’s straightforward advice and help in achieving a successful result.” - Mr H, Belfast

“I would like to express my gratitude for David’s help in resolving a recent disagreement with one of my leaseholders. He was instructed when, owing to a protracted and difficult probate period, the lessee was in breach, the property was in some disarray and the building itself had become uninsurable in the mainstream market. David immediately asserted control and provided the legal framework and support for the resolution of the problem over a period of 18 months. It was not necessary to resort to the courts. I would not hesitate to instruct JMW again. I am willing to act as a reference for David’s services and will recommend him to friends and colleagues should they encounter similar difficulties". - Residential landlord, North London

“We were referred to David to support us in a challenging matter of a tenant not wanting to exit our property and using different approaches to avoid complying. After having tried another solicitor to no avail, we reached out to David to help. The level of professionalism, calm and customer support was a whole different level. He came into the situation and quickly cut through the different problems, providing a clear legal way out. Through the following 9 or so months he was continuously on top of the matter, driving the court proceedings at pace and offering solutions and practical remedies as the tenant threw new problems at us. Without his support we do not know if we would have been able to successfully take possession of our flat. We could not recommend David more: not only is he very deep in his field but his overall attitude and approach brings confidence and serenity to what is otherwise a highly stressful situation” - Residential landlord, Singapore

“Masterful professionalism… formidable knowledge… generous support… immensely helpful.” - Mr G, East Sussex

“We would like to thank David very, very much for his excellent work over the past five years with our difficult family saga.” - Mr & Mrs T, Nottingham

“You are a truly exceptional lawyer and we are very lucky to have met you.” - Mrs L, London

“I appreciate your professionalism and patience you demonstrated in what is a somewhat complex case.” - Mrs S, London

“Can I please say thank you for all the work and effort you have put into this for us. We are very grateful for what you had done thus far and the angle in which you chose to approach it. To see all the aspects you had covered in both strategy, defence and counterclaim has given my confidence a boost for the first time in seven years.” - Mr F, Kent

“Very robust in his approach and a pleasure to work with” - Mr S, Devon