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Partner London Commercial Litigation
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 25 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: 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.
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.
Over 25 years’ experience 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.
Hobbies and interests
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.
What his clients say
“Very robust in his approach and a pleasure to work with” (Mr S, Devon)
“We would like to take the opportunity to thank him very, very much for his excellent work over the past five years with our difficult family saga” (Mr & Mrs T, Nottingham)
"Masterful professionalism… formidable knowledge… generous support… immensely helpful” (Mr G, East Sussex)
“He has been very good to work with and we have greatly appreciated his personal advice, guidance and support… invariably patient, courteous ad convivial… proactive in seeking to resolve issues… the epitome of good practice” (Mr T, London)
“We have to thank him for his patience, determination and skill in guiding us through what has been a very traumatic period… his calm demeanour greatly assisted the negotiations” (Mr & Mrs E, London)
“I express my warm appreciation of his professional skill and persistence which brought our matter to a successful conclusion” (Mr B, London)
“His professionalism and ability to resolve issues quickly exceeded my expectations… greatly appreciated the time taken to explain scenarios and give me the peace of mind when things got tough” (Ms S, Essex)
“I thank him for his help, patience and guidance in resolving my family’s case… his professionalism and ability to get straight to the heart of the matter proved that good lawyers do exist” (Mrs K, London)
“I found David to be very pleasant and “on the ball” in my dealings with him. He responded extremely quickly to all correspondence and his advice on a very tricky situation culminated in a speedy and successful outcome! I cannot recommend him highly enough” (Ms S, London)
Examples of David's work
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 and advising on all other legal steps and related legal claims between the same parties so as to secure a successful outcome and defeat the claim with costs paid by the claimant landlord.
Defending a contested claim under the Landlord & Tenant Act 1954 and successfully securing payment of compensation (which had bene 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.